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DLM5720902 | 2015 | Energy (Fuels, Levies, and References) Amendment Act 2015 | 1: Title
This Act is the Energy (Fuels, Levies, and References) Amendment Act 2015.
2: Commencement
1: This Act, except sections 5 8
2: Sections 5 8
3: Principal Act
This Act amends the Energy (Fuels, Levies, and References) Act 1989 principal Act 2015-02-24 Energy (Fuels, Levies, and References) Act 1989 See section 2(1) 2016-02-23 Energy (Fuels, Levies, and References) Act 1989 See section 2(2)
1: Amendments to Part 3 (Levies)
4: Section 14 amended (Purpose of levies)
1: After section 14(2)(b)
ba: compliance by the Crown with New Zealand’s obligation, under Article 2 of the International Energy Agreement, to maintain the emergency reserve commitment set out in that Article; and .
2: After section 14(2)
3: Levies recovered under section 24 subsection (2)(ba) subsection (2)(ba)
4: In this section, International Energy Agreement
5: Section 24 replaced (Petroleum or engine fuel monitoring levy)
Replace section 24
24: Petroleum or engine fuel monitoring levy
1: A levy is payable at the rate prescribed under section 33 section 35(1)(fa)
2: The levy must be paid to the New Zealand Customs Service—
a: by the person who would be liable to pay any excise duty or excise-equivalent duty on the petroleum or engine fuel under the Customs and Excise Act 1996
b: when any excise duty or excise-equivalent duty would be paid if any were payable.
3: The New Zealand Customs Service must collect the levy on behalf of the Crown.
4: Section 28 (which provides a penalty for late payment of a levy) does not apply in respect of the levy.
6: Section 26 repealed (Rebates)
Repeal section 26
7: Section 29 replaced (Recovery of levies)
Replace section 29
29: Recovery of levies
All money payable to the Secretary or the New Zealand Customs Service under this Part is—
a: a debt due to the Crown; and
b: recoverable by the Crown in a court of competent jurisdiction.
8: Section 30 replaced (Payment of levy into account)
Replace section 30
30: Payment of levy into Crown Bank Account
All money received by the Secretary or the New Zealand Customs Service under this Part must be paid into a Crown Bank Account.
9: Section 33 replaced (Rates of levies, etc, may be prescribed)
Replace section 33
33: Regulations prescribing levy rates
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing, for levies that are payable under this Part
a: amounts or rates of the levies; or
b: formulas for calculating amounts or rates of the levies.
2: However, an amount or rate prescribed, or calculated using a prescribed formula, must not exceed any maximum amount or rate set out in this Part.
3: Before recommending that regulations be made under this section, the Minister must consult persons or organisations considered by the Minister to represent the persons affected by the levy concerned.
4: Regulations made under subsection (1)
a: if made on or before 30 June in any year, expire on the close of 31 December of that year unless they are expressly confirmed by an Act of Parliament passed during that year; and
b: if made on or after 1 July in any year, expire on the close of 31 December in the following year unless they are expressly confirmed by an Act of Parliament passed before the end of that following year.
2: Amendments to Part 4 (Miscellaneous provisions)
10: Section 35 amended (Regulations)
1: Replace the heading to section 35 Other regulations
2: After section 35(1)(f)
fa: prescribing, in respect of the levy that is payable under section 24 . |
DLM6403402 | 2015 | Births, Deaths, Marriages, and Relationships Registration Amendment Act 2015 | 1: Title
This Act is the Births, Deaths, Marriages, and Relationships Registration 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 Births, Deaths, Marriages, and Relationships Registration Act 1995 principal Act 2015-03-26 Births, Deaths, Marriages, and Relationships Registration Act 1995
4: Section 21A amended (Application for registration of name change)
1: Replace section 21A(2)
2: A person applying for registration of a name change must—
a: complete the standard form and provide it to the Registrar-General; and
b: pay the prescribed fee (if any); and
c: deposit 1 of the following with the Registrar-General:
i: a statutory declaration made, in accordance with subsection (3), by an eligible person or the guardian of an eligible person (accompanied by the eligible person’s written consent if the eligible person is 16 years of age or older and the application was made by the eligible person’s guardian); or
ii: a deed poll executed before 1 September 1995, evidencing any change in the eligible person’s names; or
iii: a copy of a deed poll executed and filed in an office of the High Court before 1 September 1995 and certified by a Registrar of the court in which it was filed.
2: In section 21A(3) subsection (2)(a) subsection (2)(c)(i)
3: After section 21A(3
3A: The Registrar-General may require a person before whom the statutory declaration referred to in subsection (2)(c)(i) is made—
a: to verify the identity of the eligible person or the guardian of the eligible person, or both, in a manner specified by the Registrar-General; and
b: to state whether he or she is satisfied of the identity of the eligible person or the guardian of the eligible person, or both.
4: In section 21A(4) deposited with provided to
5: After section 21A(4)
4A: The Registrar-General may require a person applying for registration of a name change to provide, with the standard form referred to in subsection (2)(a) or separately, any means of identification that is reasonably necessary to confirm the identity of the eligible person or the guardian of the eligible person, or both.
6: In section 21A(5 deposited under subsection (4) provided under subsection (4) or (4A) |
DLM6320701 | 2015 | Taxation (KiwiSaver HomeStart and Remedial Matters) Act 2015 | 1: Title
This Act is the Taxation (KiwiSaver HomeStart and Remedial Matters) Act 2015.
2: Commencement
1: This Act comes into force on the day on which it receives the Royal assent, except as provided in this section.
2: Sections 4(a) and (b) 11(1) 12(1) 14(1) and (2)
3: Sections 6 7 8
4: Section 9 Amendments to KiwiSaver Act 2006
3: KiwiSaver Act 2006 amended
Sections 4 to 8 2015-04-01 KiwiSaver Act 2006 Sections 6,7, 8 into force on 1 April 2015. See s 2(3) 2015-06-01 KiwiSaver Act 2006 Section 9 into force on 1 June 2015. See s 2(4) 2015-03-31 KiwiSaver Act 2006 Sections 4(a) & (b) deemed into force on 7 December 2014. See s 2(2). Sections 4(c) & 5 into force on 31 March 2015. See s 2(1)
4: Section 4 amended (Interpretation)
In section 4(1) salary or wages
a: in paragraph (a)(i), replace (6)(b) to (bd) (6)(b) to (bc)
b: in paragraph (a)(v)(A), replace section RD 5(1)(b)(iii) and (7) section RD 5(1)(b)(iii), (6)(bd)
c: in paragraph (a)(v)(A), replace (6)(bd) (6)(bd) to (bg)
5: Section 14 amended (Other situations when automatic enrolment rules do not apply)
After section 14(1)(a)(iib)
iic: section RD 5(6)(be) to (bg) .
6: Section 228 amended (Regulations)
Replace section 228(1)(l)
l: prescribing circumstances for the purposes of clause 8(3)(a) and (3B)(a) of the KiwiSaver scheme rules or prescribing who is a qualifying person for the purpose of clause 8(3)(c)(ii) and (3B)(c)(ii) of the KiwiSaver scheme rules: .
7: Section 239 inserted (Protection from non-compliance: Taxation (KiwiSaver HomeStart and Remedial Matters) Act 2015)
After section 238
239: Protection from non-compliance: Taxation (KiwiSaver HomeStart and Remedial Matters) Act 2015
Non-compliance with an enactment related to securities is ignored if the non-compliance—
a: results from the enactment of sections 8 and 9 2015 KiwiSaver first home deposit subsidy
b: relates to—
i: a prospectus that is registered under the Securities Act 1978 before 1 June 2015:
ii: an investment statement under the Securities Act 1978 that is dated before 1 June 2015:
iii: a product disclosure statement under the Financial Markets Conduct Act 2013 that is lodged on or before 1 June 2015; and
c: if the non-compliance relates to a product disclosure statement referred to in paragraph (b)(iii)
8: Schedule 1 amended (KiwiSaver scheme rules)
1: After schedule 1, clause 8(1)(a)
ab: the person has been a member of a complying superannuation fund for a period of 3 years or more; or .
2: In schedule 1, clause 8(3) for the purchase of an estate in land for the purchase of an estate in land located in New Zealand
3: After schedule 1, clause 8(3)
3B: A member to whom this clause applies may make a withdrawal from the KiwiSaver scheme of which the member is currently a member for the purchase of an interest in a dwellinghouse on Maori land if—
a: the purchase is made in the prescribed circumstances; or
b: both of the following apply:
i: the dwellinghouse is, or is intended to be, the principal place of residence for the member or for the member and the member’s family; and
ii: the member has not, at any time before applying to make a withdrawal under this clause (whether before or after becoming a member of the KiwiSaver scheme), held an estate in land (whether alone or as a joint tenant or tenant in common); or
c: both of the following apply:
i: the dwellinghouse is, or is intended to be, the principal place of residence for the member or for the member and the member’s family; and
ii: the member is a qualifying person under the regulations.
4: Replace schedule 1, clause 8(4)(a)
a: the amount of the contribution made by the Crown under section 226 (disregarding any positive or negative returns for the purpose of calculating the amount of that contribution): .
5: In schedule 1, clause 8(5) subclause (3)(b)(ii) subclauses (3)(b)(ii) and (3B)(b)(ii)
6: After schedule 1, clause 8(5)(ab), insert:
ac: the estate in land is an interest in Maori land: .
7: Replace schedule 1, clause 8(6) and (7)
6: In this clause,–– dwellinghouse estate Maori land
7: It is a condition of subclauses (3) and (3B) that—
a: any withdrawal made under the relevant provision must be paid—
i: first, from the member’s accumulation excluding the Crown contribution (disregarding any positive or negative returns for the purpose of calculating the amount of that contribution) paid in respect of the member; and
ii: second, from the Crown contribution excluding the amount described in subclause (4)(a)
b: any withdrawal made under the relevant provision must be paid to a practitioner (within the meaning of section 6 of the Lawyers and Conveyancers Act 2006) acting on behalf of the member; and
c: the manager may require from that practitioner, before payment of the withdrawal,—
i: a copy of an agreement for the sale and purchase (the agreement
ii: for an interest in a dwellinghouse on Maori land, evidence of the member’s right to occupy the Maori land; and
iii: an undertaking that the agreement is unconditional at the time the manager makes the request; and
iv: an undertaking that the funds will be paid to the vendors as part of the purchase price or will be repaid to the manager on account of the member if settlement of the agreement is not completed by the due date or any extended date.
8: In schedule 1, clause 14(1) Subject to clause 14B Unless clause 14B applies
9: In schedule 1, clause 14(2) Subject to clause 14B Unless clause 14B applies
10: Replace schedule 1, clause 14B(1)
1: This clause applies for a KiwiSaver scheme (but not for a complying superannuation fund) after a member’s permanent emigration to Australia.
9: Schedule 1 amended (KiwiSaver scheme rules)
Replace schedule 1, clause 8(7)(c) section 8(7)
c: the manager must require from that practitioner, before payment of the withdrawal,—
i: a copy of an agreement for the sale and purchase (the agreement
ii: for an interest in a dwellinghouse on Maori land, evidence of the member’s right to occupy the Maori land; and
iii: an undertaking that the agreement is unconditional at the time the manager makes the request or, if the agreement is conditional, an undertaking that—
A: payment of any amount of the withdrawal will be held by a stakeholder; and
B: the stakeholder is obliged to hold the amount while the agreement is conditional; and
iv: if the agreement is unconditional at the time the manager makes the request, an undertaking that the amount will be paid to the vendors as part of the purchase price or will be repaid to the manager on account of the member if settlement of the agreement is not completed in accordance with the agreement by the due date or any extended date; and
v: if the agreement is conditional at the time the manager makes the request, an undertaking that—
A: the stakeholder is obliged to repay the amount to the practitioner if settlement of the agreement is not completed in accordance with the agreement by the due date or any extended date ( non-completion
B: the practitioner will repay the amount that the practitioner receives from the stakeholder to the manager on account of the member. Amendments to Income Tax Act 2007
10: Income Tax Act 2007 amended
Sections 11 to 14 2015-03-31 Income Tax Act 2007 Sections 11(1), 12(1), 14(1) & (2) deemed into force on 7 December 2014 (see s 2(2)). Rest of Act into force on 31 March 2015 (see s 2(1))
11: Section CF 1 amended (Benefits, pensions, compensation, and government grants)
1: Replace section CF 1(1)(h)
h: a veteran’s pension:
i: a retirement lump sum paid under Part 5, subpart 7 of the Veterans’ Support Act 2014.
2: Replace section CF 1(1)(i)
i: a retirement lump sum paid under Part 5, subpart 7 of the Veterans’ Support Act 2014:
j: weekly income compensation paid under Part 3, subpart 4 of that Act:
k: weekly compensation paid under Part 4, subpart 5 of that Act:
l: weekly compensation or aggregated payments, as applicable, paid under schedule 2, part 4, clause 54, 55, 58, or 59 of that Act.
3: Repeal section CF 1(2)(i)
12: Section CW 28 amended (Pensions)
1: Replace section CW 28(1)(a)
a: a pension or allowance under the Veterans’ Support Act 2014, including a lump sum paid pursuant to an election under section 53(1)(b) of that Act, but excluding—
i: a veteran’s pension:
ii: a retirement lump sum paid under Part 5, subpart 7 of that Act: .
2: After section CW 28(1)(a)(ii)
iii: weekly income compensation paid under Part 3, subpart 4 of that Act:
iv: weekly compensation paid under Part 4, subpart 5 of that Act:
v: weekly compensation or aggregated payments, as applicable, paid under schedule 2, part 4, clause 54, 55, 58, or 59 of that Act: .
13: Section MA 7 amended (Meaning of full-time earner for family scheme)
Replace section MA 7(3)
3: The incapacity referred to in subsection (2)(b) and (d) is an incapacity due to—
a: personal injury by accident for which an accident compensation earnings-related payment has been, is being, or will be paid:
b: a service-related (as defined in section 7 of the Veterans’ Support Act 2014) injury, illness, condition, or whole-person impairment for which a payment has been, is being, or will be paid, under the Veterans’ Support Act 2014, and the payment is––
i: weekly income compensation paid under Part 3, subpart 4 of that Act:
ii: weekly compensation paid under Part 4, subpart 5 of that Act:
iii: weekly compensation or aggregated payments, as applicable, paid under schedule 2, part 4, clause 54 or 55 of that Act. .
14: Section RD 5 amended (Salary or wages)
1: Repeal section RD 5(1)(b)(iv)
2: After section RD 5(6)(bc)
bd: a retirement lump sum paid under Part 5, subpart 7 of the Veterans’ Support Act 2014: .
3: After section RD 5(6)(bd)
be: weekly income compensation paid under Part 3, subpart 4 of the Veterans’ Support Act 2014:
bf: weekly compensation paid under Part 4, subpart 5 of the Veterans’ Support Act 2014:
bg: weekly compensation or aggregated payments, as applicable, paid under schedule 2, part 4, clause 54, 55, 58, or 59 of the Veterans’ Support Act 2014: . |
DLM6603802 | 2015 | Misuse of Drugs Amendment Act 2015 | 1: Title
This Act is the Misuse of Drugs 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 Misuse of Drugs Act 1975 principal Act 2015-11-07 Misuse of Drugs Act 1975
4: Section 12B repealed (Laundering proceeds of drug offences)
Repeal section 12B
5: Section 12BA repealed (Charges for money laundering)
Repeal section 12BA
6: Section 12C amended (Commission of offences outside New Zealand)
1: In section 12C(1)(ca) ; or
2: Repeal section 12C(1)(d) |
DLM6404914 | 2015 | Tariff Amendment Act 2015 | 1: Title
This Act is the Tariff 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 Tariff Act 1988 principal Act 2015-03-26 Tariff Act 1988
4: Section 2 amended (Interpretation)
1: In section 2(1) chief executive chief executive .
2: In section 2(1) Minister Minister . |
DLM6404102 | 2015 | National Animal Identification and Tracing Amendment Act 2015 | 1: Title
This Act is the National Animal Identification and Tracing 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 National Animal Identification and Tracing Act 2012 principal Act 2015-03-26 National Animal Identification and Tracing Act 2012
4: Section 10 amended (Functions, duties, and powers of NAIT organisation)
1: Replace section 10(3)(b)
b: may not contract out the compliance and enforcement functions specified in subsection (1)(a)(vi) unless—
i: the functions are contracted out to the NAIT organisation's subsidiary or holding company; or
ii: the functions are compliance functions that relate to the provision of information and training.
2: After section 10(3)
3A: When contracting out compliance and enforcement functions under subsection (3)(b), the NAIT organisation remains responsible and accountable for the performance of those functions.
3B: In subsection (3), holding company subsidiary |
DLM6413200 | 2015 | Marine Mammals Protection Amendment Act 2015 | 1: Title
This Act is the Marine Mammals 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 Marine Mammals Protection Act 1978 principal Act 2015-03-26 Marine Mammals Protection Act 1978
4: Section 14 amended (Officer may obtain warrant)
In section 14(1) to an officer named in the warrant to every officer named in the warrant |
DLM6602802 | 2015 | Criminal Proceeds (Recovery) Amendment Act 2015 | 1: Title
This Act is the Criminal Proceeds (Recovery) 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 Criminal Proceeds (Recovery) Act 2009 principal Act 2015-11-07 Criminal Proceeds (Recovery) Act 2009
4: Section 134 amended (Provisions of subpart 2 of Part 2 applying to registering foreign restraining orders)
After section 134(1)(b)
ba: section 22 (application for restraining order without notice):
5: Section 137 amended (Extension of duration of registration of foreign restraining order)
After section 137(2)
2A: The duration of the registration of a foreign restraining order may be extended more than once under this section. |
DLM6481900 | 2015 | Appropriation (2014/15 Supplementary Estimates) Act 2015 | 1: Title
This Act is the Appropriation (2014/15 Supplementary Estimates) Act 2015.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 7 Schedule 2
2: The rest of this Act applies to the 2014/15 financial year.
4: Overview
This Act meets the requirements of the Public Finance Act 1989
a: section 6 Schedule 1 see section 4(1)
b: section 7 Schedule 2 see section 10
c: section 8 Schedule 3 see section 12A
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2014/15 financial year scope shown in the Supplementary Estimates
a: in the case of an appropriation under section 6
i: in the table headed “Annual and Permanent Appropriations”; and
ii: in the column headed Titles and Scopes of Appropriations by Appropriation Type
iii: in the statement directly under the title of the appropriation or, in the case of a multi-category appropriation, under the name of each of the individual categories that are included in the appropriation; and
b: in the case of an appropriation under section 7
i: in the table headed Multi-Year Appropriations
ii: in the column headed Type, Title, Scope and Period of Appropriations
iii: in the statement directly under the title of the appropriation Supplementary Estimates The Supplementary Estimates of Appropriations for the Government of New Zealand for the year ending 30 June 2015
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Appropriations for 2014/15 financial year
Existing appropriations varied
1: If an appropriation specified in column 3 of Schedule 1 Appropriation (2014/15 Estimates) Act 2014
a: if the amount is in brackets, the appropriation is decreased by that amount; and
b: if the amount is not in brackets, the appropriation is increased by that amount.
2: The appropriation authorised by section 6 Unwind of Discount Rate used in the Present Value Calculation of Payment under Crown Deed of Support with AMI
a: the title of the appropriation is changed to Unwind of Discount Rate Used in the Present Value Calculation of Payment Under Crown Deed of Support with Southern Response Earthquake Services Ltd
b: the appropriation is increased by the amount specified in column 4 of Schedule 1 New appropriations authorised
3: Each amount specified in column 4 of Schedule 1 Other matters concerning appropriations
4: Subsections (1) to (3) apply only to the extent that the appropriation varied or authorised is of a type set out in section 7A(1)
5: The scope of each appropriation varied or authorised by this section is the scope shown in the Supplementary Estimates for the appropriation.
6: Each appropriation varied or authorised by this section includes any expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act relating to the 2014/15 financial year; and
b: in advance, but within the scope, of the appropriation.
7: Appropriations applying for more than 1 financial year
Existing multi-year appropriations varied
1: If an appropriation specified in column 3 of Schedule 2
a: if the amount is in brackets, the appropriation is decreased by that amount; and
b: if the amount is not in brackets, the appropriation is increased by that amount.
2: The period of each appropriation specified in column 3 of Schedule 2
a: Anchor Project Development Costs for Te Papa o Ōtākaro / Avon River Precinct:
b: Anchor Project Development Costs for the Bus Interchange:
c: Anchor Project Development Costs for the Christchurch Stadium:
d: Anchor Project Development Costs for the City Frame:
e: Anchor Project Development Costs for the Convention Centre:
f: Anchor Project Development Costs for the Metro Sports Facility:
g: Anchor Project Development Costs for the Transport Plan:
h: Canterbury Earthquake Memorial:
i: Holding Costs for Land Acquired for Anchor Projects:
j: Implementation of transport solutions to deliver An Accessible City in Christchurch:
k: Red Zone Property Management Costs:
l: Residential Red Zone Property Demolition.
3: The period of the appropriation authorised by section 8 Impairment of Improvements New multi-year appropriations authorised
4: Each amount specified in column 5 of Schedule 2 Other matters concerning multi-year appropriations
5: Subsections (1) and (4) apply only to the extent that the appropriation varied or authorised is of a type set out in section 7A(1)
6: The scope of each appropriation varied or authorised by this section is the scope shown in the Supplementary Estimates for the appropriation.
7: Each appropriation varied or authorised by subsection (1), (2), or (4)—
a: is limited to the period specified in column 4 of Schedule 2
b: includes any expenses and capital expenditure that have been incurred—
i: under any Imprest Supply Act relating to the 2014/15 financial year; and
ii: in advance, but within the scope, of the appropriation. Certain multi-year appropriations revoked
8: The appropriation authorised by section 8
9: The appropriation authorised by section 7 Party and Member Support - Mana
8: Capital injections authorised for 2014/15 financial year
Limits of existing authorisations varied
1: If the Appropriation (2014/15 Estimates) Act 2014 Schedule 3
a: if the amount is in brackets, the limit is decreased by that amount; and
b: if the amount is not in brackets, the limit is increased by that amount. New capital injections authorised
2: For each department specified in column 1 of Schedule 3
3: The limit of an authorisation under subsection (2) is the amount specified in column 3 of Schedule 3 Capital injections made in advance under an Imprest Supply Act included in authorisation
4: An authorisation made or varied by this section includes any capital injection that has been made—
a: under any Imprest Supply Act relating to the 2014/15 financial year; and
b: in advance of the authorisation. |
DLM6404956 | 2015 | New Zealand Flag Referendums Act 2015 | 1: Title
This Act is the New Zealand Flag Referendums Act 2015.
2: Commencement
1: This Act (except sections 70 71 72
2: If, in the second flag referendum, the alternative flag design gains a greater number of votes than the current New Zealand Flag, then sections 70 71 72
a: a date set by the Governor-General by Order in Council:
b: the day that is 6 months after the date on which the result of the second flag referendum is declared.
3: If, in the second flag referendum, the current New Zealand Flag gains a greater number of votes than the alternative flag design, then sections 70 71 72
4: In this section, alternative flag design section 14(1)(a)
1: Preliminary provisions
3: Purpose
The purpose of this Act is to make provision for 2 postal referendums to be held to enable electors to decide whether New Zealand should have a new flag, and to provide for a change of the New Zealand flag if electors decide New Zealand should have a new flag.
4: Expiry
1: This Act expires and is repealed on the close of the day that is 2 years after the date on which the result of the second flag referendum is declared.
2: Despite subsection (1), if section 49(1) 2010 No 139 s 5 2018-03-31 New Zealand Flag Referendums Act 2015 Expires and is repealed on the close of the day that is 2 years after the date on which the result of the second flag referendum is declared. Second flag referendum results were declared on 30 March 2016.
5: Interpretation
In this Act, unless the context otherwise requires,— 2000 Act Referenda (Postal Voting) Act 2000 agency alternative flag design section 13(1) Clerk of the House current New Zealand Flag section 5(1) district Electoral Act 1993 elector Electoral Commission section 4B first flag referendum section 10(1) First Past the Post section 7 Internet site Minister official description section 13(2)(a) 14(3) option
a: in relation to the first flag referendum, any of the 5 alternative flag designs
b: in relation to the second flag referendum, either of the 2 options (the current New Zealand Flag and the alternative flag design referred to in section 14(1)(a) panel Preferential Voting section 6 promoter section 62 random order referendum referendum advertisement section 63 referendum material referendum roll section 3(1) referendums returned
a: returned to the office of the Returning Officer; or
b: uploaded to the Internet site Returning Officer
a: means the Returning Officer referred to in section 15(1)
b: includes any person acting under a delegation under section 17(1) Returning Officer’s copy of the roll section 3(1) second flag referendum section 10(2) supplementary referendum roll section 3(1) section 18(3)(a) voting paper
a: in relation to the first flag referendum, a voting paper in the form prescribed in Schedule 1
b: in relation to the second flag referendum, a voting paper in the form prescribed in Schedule 2 voting period section 12(1) working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and
b: a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and
c: if 1 January falls on a Friday, the following Monday; and
d: if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and
e: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday. 2000 No 48 s 3 s 3 Section 5 option amended 25 September 2015 section 4 New Zealand Flag Referendums Amendment Act 2015
6: General description of Preferential Voting electoral system
For the purposes of the first flag referendum, the Preferential Voting electoral system has the following features:
a: voters express a first preference for 1 option and may express second and further preferences for other options:
b: the first preferences are counted and, if an option’s first preference votes equal or exceed the absolute majority of votes, that option is the successful option:
c: if no option succeeds under paragraph (b), the option with the fewest votes is excluded and that option’s votes are redistributed according to voters’ further preferences:
d: if no option succeeds under paragraph (c), the steps described in paragraph (c) are repeated until 1 option achieves an absolute majority of votes. 2001 No 35 s 5B(b)(i), (iii), (iv), (v)
7: General description of First Past the Post electoral system
For the purposes of the second flag referendum, the First Past the Post electoral system has the following features:
a: voters may cast 1 vote for 1 option:
b: the option that receives the highest number of votes is the successful option.
8: Application of Act to conduct outside New Zealand
This Act applies in respect of the publication of a referendum advertisement—
a: in New Zealand, in any case where the promoter of the advertisement is outside New Zealand; and
b: outside New Zealand, in any case where the promoter of the advertisement is in New Zealand. 2010 No 139 s 3
9: Act binds the Crown
This Act binds the Crown.
2: Provisions relating to referendums
1: Referendums on New Zealand flag
10: Subject of referendums
1: During the voting period for the first flag referendum, a referendum of electors must be held on the question set out in the voting paper in Schedule 1
2: During the voting period for the second flag referendum, a referendum of electors must be held on the question set out in the voting paper in Schedule 2
11: Appointment of dates for referendums
The Governor-General must, by Orders in Council made on the recommendation of the Minister, as soon as practicable after the commencement of this Act,—
a: appoint a date for the close of the first flag referendum that is at least 90 days after the day on which this Act commences; and
b: appoint a date for the close of the second flag referendum that is at least 90 days after the day appointed under paragraph (a).
12: Voting period
1: For each referendum,—
a: the voting period commences at the start of the 21st day before the day appointed under section 11
b: the voting period closes at 7 pm on the day appointed under section 11
2: The Governor-General may, from time to time, before the commencement of the voting period for a referendum, by Order in Council,—
a: revoke an Order in Council made under section 11
b: revoke any Order in Council made under section 21(2) 2000 No 48 s 30 s 28
13: Alternative flag designs
1: The Governor-General must, by Order in Council made on the recommendation of the Minister, at least 40 days before the commencement of the voting period for the first flag referendum, prescribe 5 alternative flag designs
2: For each of the alternative flag designs prescribed, the Order in Council must include—
a: an official description of the design, to be used for the purposes of dictating the relevant parts of the voting paper under section 24(4)(c)
b: an image of the design, to be used for the purposes of subsection (3) and section 14(1)
c: the technical specifications of the design, including the colours, dimensions, and proportions of the design and of any shapes or images in it.
3: When producing voting papers for the first flag referendum, the Electoral Commission must ensure that the 5 alternative flag designs Schedule 1
4: For the purposes of subsection (3), the Electoral Commission must arrange the alternative flag designs on the voting paper in random order. SR 2001/145 r 31(5) Section 13(1) amended 25 September 2015 section 5(1) New Zealand Flag Referendums Amendment Act 2015 Section 13(3) amended 25 September 2015 section 5(2) New Zealand Flag Referendums Amendment Act 2015
14: Voting paper in second flag referendum
1: When producing voting papers for the second flag referendum, the Electoral Commission must ensure that the following 2 flag designs are inserted in the spaces indicated on the form in Schedule 2
a: the alternative flag design that was successful in the first flag referendum; and
b: the current New Zealand Flag.
2: For the purposes of subsection (1), the Electoral Commission must arrange the 2 options on the voting paper in random order.
3: The Governor-General must, by Order in Council made on the recommendation of the Minister, at least 28 days before the commencement of the voting period for the second flag referendum, prescribe an official description of the current New Zealand Flag, to be used for the purposes of dictating the relevant parts of the voting paper under section 24(4)(c)
4: For the purposes of dictating the relevant parts of the voting paper under section 24(4)(c)
a: the alternative flag design is to be described in accordance with the official description of that design; and
b: the current New Zealand Flag is to be described in accordance with the official description of that flag. SR 2001/145 r 31(5)
2: Officials
15: Returning Officer
1: For each referendum, the Electoral Commission must designate an Electoral Commissioner to be the Returning Officer.
2: The Returning Officer is, under the direction of the Electoral Commission, charged with the duty of implementing this Act, except subpart 3
3: The Returning Officer must, as his or her first duty, make a declaration in form 1 2000 No 48 s 8 s 7
16: Returning Officer may employ or engage persons
1: The Returning Officer for a referendum may employ or engage such persons as the Returning Officer considers are required for the purposes of that referendum.
2: A person engaged under subsection (1) in respect of a referendum may employ or engage such other persons as the person considers are required for the purposes of that referendum.
3: Every person employed or engaged under subsection (1) or (2)—
a: is under the direction of the Returning Officer; and
b: must, as the person’s first duty, make a declaration in form 1 2000 No 48 s 9 s 8
17: Delegation by Returning Officer
1: The Returning Officer may, either generally or particularly, delegate any of the Returning Officer’s functions, powers, rights, and duties, except this power of delegation, to—
a: any specified person employed or engaged under section 16
b: persons of a specified class employed or engaged under section 16
2: A delegation under this section must be made in writing, and the document must be signed by the Returning Officer.
3: Section 12 2000 No 48 s 11; 1997 No 13 s 10
3: Rolls of electors
18: Rolls of electors
1: The following provisions of the 2000 Act
a: section 10(1)
b: Part 4
c: sections 64 65
2: Sections 14 to 20
3: Section 21(3)
a: may, after the closing of the referendum rolls and before the commencement of the voting period, compile 1 or more partial supplementary referendum rolls; and
b: must compile the final supplementary referendum roll as soon as practicable after the commencement of the voting period.
4: For the purposes of this section, all references in Part 4
a: referendum:
b: Returning Officer:
c: supplementary referendum roll:
d: voting period.
5: The reference in section 19 this Act
6: The reference in section 27
7: The references in section 64(3)(a) and (b) sections 34(3)(b) 35(5) 42(2)(b) sections 23(3)(b) 24(5) 31(2)(b)
4: Conduct of referendums
19: Who may vote
Every elector is qualified to vote at a referendum. 2000 No 48 s 29 s 27
20: Electoral systems for referendums
1: The first flag referendum is to be conducted in accordance with the Preferential Voting electoral system.
2: The second flag referendum is to be conducted in accordance with the First Past the Post electoral system. Dispatching voting papers
21: Period for dispatching voting papers
1: The Returning Officer may dispatch voting papers—
a: before the start of the voting period only in accordance with section 22(2)
b: at any time during the voting period except the last day of the voting period.
2: However, in the case of electors to whom section 24(2)
3: A voting paper is dispatched by the Returning Officer to an elector when,—
a: if the voting paper is posted under section 22 23
b: if the voting paper is faxed under section 24(4)(a)
c: if the voting paper is emailed under section 24(4)(b)
d: if the relevant parts of the voting paper are dictated under section 24(4)(c) 2000 No 48 ss 31 32 s 29
22: Dispatching voting papers by post
1: As soon as practicable after the commencement of the voting period for a referendum, the Returning Officer must post to each elector 1 voting paper addressed to the elector at the address shown against the elector’s name on the Returning Officer’s copy of the roll.
2: In order to carry out his or her duty under subsection (1), the Returning Officer may,—
a: for voting papers addressed to electors residing in New Zealand, provide delivery authorisation to New Zealand Post Limited on the day before the first day of the voting period:
b: for voting papers addressed to electors residing overseas, provide delivery authorisation to New Zealand Post Limited up to 3 working days before the first day of the voting period. 2000 No 48 s 33 s 31
23: Dispatching replacement voting papers by post
1: An elector may apply to the Returning Officer for a replacement voting paper, on the grounds that he or she has—
a: spoilt, destroyed, or lost his or her voting paper; or
b: not received his or her voting paper.
2: An application must—
a: be made before noon on the day that is 3 days before the last day of the voting period; and
b: be made in the manner described in regulation 4
3: If the Returning Officer is satisfied that the person is an elector, the Returning Officer must—
a: post the elector 1 voting paper addressed to the elector at his or her current postal address; and
b: make a mark on the Returning Officer's copy of the roll, next to the elector's name, to indicate that the Returning Officer posted a replacement voting paper to the elector; and
c: provide the Electoral Commission with the name, date of birth, and current postal address of the elector, if the current postal address is different from the postal address shown on the Returning Officer's copy of the roll. 2000 No 48 s 34 s 32
24: Dispatching voting papers by fax, email, or dictation
1: An elector may apply to the Returning Officer to have the voting paper faxed or emailed to him or her, or to have the relevant parts of the voting paper dictated to him or her, on the grounds that he or she—
a: will be, or is, during the voting period,—
i: on Tokelau, Campbell Island, or Raoul Island; or
ii: in the Ross Dependency; or
iii: on a fishing vessel or naval vessel; or
iv: in some remote location overseas; and
b: will not receive, or has not received, a voting paper posted to him or her at the address shown against his or her name on the Returning Officer's copy of the roll; and
c: cannot reasonably be expected, in all the circumstances, to make, or to have made, his or her own arrangements for the voting paper to be forwarded to him or her; and
d: has the facility for receiving the voting paper by the method applied for.
2: An elector may apply to the Returning Officer to have the relevant parts of the voting paper dictated to him or her on the grounds that he or she—
a: is blind; or
b: is partially blind and is unable to mark the ballot paper without assistance; or
c: has another physical disability and is unable to mark the ballot paper without assistance.
3: An application under this section must,—
a: if made under subsection (1), be made before noon on the day before the last day of the voting period; and
b: be made in the manner described in regulation 5
4: If the Returning Officer is satisfied that subsection (1) or (2) applies to an elector, the Returning Officer may—
a: fax the voting paper to the elector; or
b: email the voting paper to the elector; or
c: dictate the relevant parts of the voting paper to the elector.
5: The Returning Officer must make a mark on the Returning Officer's copy of the roll, next to the elector's name, to indicate that the voting paper has been faxed or emailed, or that its relevant parts have been dictated, to the elector under subsection (4). 2000 No 48 s 35 s 33 r 23A(1)
25: Envelopes and information accompanying voting papers
1: When the Returning Officer posts a voting paper under section 22 23
a: a postage-paid envelope addressed to the Returning Officer, if the address shown against the elector's name on the Returning Officer's copy of the roll is an address in New Zealand; or
b: an envelope addressed to the Returning Officer, if the address shown against the elector's name on the Returning Officer's copy of the roll is an address outside New Zealand.
2: When the Returning Officer posts under section 22 23 section 24
a: must post or fax or email with it a copy of the referendum material, if any; and
b: may post or fax or email with it information, in any language or languages, on how to vote and how to return the voting paper. 2000 No 48 s 36 s 34
26: Extension of voting period
1: The Returning Officer may extend the voting period if he or she is of the opinion that industrial action, natural disaster, adverse weather conditions, or any other thing has had, or will have, the effect of—
a: delaying the dispatch of voting papers so much that electors have not had, or will not have, a reasonable opportunity to vote and return their voting papers before the close of the voting period; or
b: delaying the return of voting papers so much that voting papers that would otherwise have been returned before the close of the voting period will not be returned by that time.
2: An extension may apply to—
a: the whole of New Zealand; or
b: an area or areas of New Zealand; or
c: any or all of Tokelau, Campbell Island, Raoul Island, or the Ross Dependency.
3: The Returning Officer may extend the voting period as many times as he or she thinks necessary.
4: Each extension is to be for the period the Returning Officer thinks necessary, up to a maximum of 14 days.
5: As soon as practicable, the Returning Officer must give—
a: public notice of every extension of the voting period; and
b: such other notice of the extension as he or she thinks fit. 2000 No 48 s 37 s 35 Marking and returning voting papers
27: Method of voting
1: An elector voting in the first flag referendum—
a: must mark the voting paper by expressing a first preference for 1 option; and
b: may express second and further preferences for other options.
2: An elector voting in the second flag referendum must mark the voting paper with a tick in the circle corresponding to the option that the elector wishes to vote for.
3: The voting paper may be marked in the manner described in subsection (4) if an elector—
a: is visually impaired; or
b: is unable to read or write for any reason; or
c: is not sufficiently familiar with any language or languages used on the voting paper to vote without assistance.
4: The manner is—
a: by the elector, with the assistance of a person authorised by the elector; or
b: by a person authorised by the elector, in accordance with the elector's instructions.
5: An elector to whom the Returning Officer has dictated the relevant parts of the voting paper under section 24(4)(c) 2000 No 48 s 38 s 36
28: Return of voting papers to Returning Officer
1: An elector to whom a voting paper was faxed under section 24(4)(a)
a: by fax; or
b: by uploading the voting paper to the Internet site; or
c: by post.
2: An elector residing overseas who has received a voting paper by post may return it by any of the methods specified in subsection (1).
3: Any other elector may return the voting paper by—
a: delivering it by hand to the office of the Returning Officer during normal business hours; or
b: posting it to the office of the Returning Officer.
4: An elector to whom section 27(3)
a: assist the elector to return the voting paper in compliance with subsection (1), (2), or (3); or
b: return the voting paper in compliance with subsection (1), (2), or (3) on behalf of the elector.
5: When an elector votes in accordance with section 27(5) 2000 No 48 s 39 s 37
29: Times for return of voting papers
1: A voting paper returned by post, or by hand, or by fax, or by upload to the Internet site must be returned before 7 pm on the last day of the voting period.
2: However, a voting paper may be returned by post after the last day of the voting period as long as—
a: it is returned before noon on the fourth day (not including statutory holidays) after the last day of the voting period; and
b: it bears a postmark or date stamp, either on its envelope (if any) or on the voting paper itself, that was impressed—
i: on a day during the voting period by a postal operator registered under section 29
ii: before or on the day before the last day of the voting period, in any country other than New Zealand.
3: A vote cast by dictation under section 24(4)(c) deadline
4: However, if an elector is voting by dictation at the deadline,—
a: the elector is entitled to complete his or her vote; and
b: the voting paper must be returned under section 28(5) 2000 No 48 s 40 s 38
30: Voting papers returned late
If any voting papers or envelopes containing voting papers are returned, but not in accordance with section 29
a: enclose them in 1 or more parcels; and
b: seal each parcel and mark it Disallowed, received late 2000 No 48 s 41 s 39 Progressive processing of voting papers
31: Processing of voting papers
1: As soon as practicable after any voting paper is returned in accordance with section 29
2: The Returning Officer must, in a manner that preserves the secrecy of the vote,—
a: if the voting paper is in an envelope, extract the voting paper; and
b: make a mark on the Returning Officer's copy of the roll, next to the elector's name, to indicate that the voting paper dispatched to that elector has been returned; and
c: if the voting paper is valid and—
i: the vote is formal, record the elector’s vote as marked; or
ii: the vote is informal, record the elector’s vote as informal; and
d: if the voting paper is invalid, record the voting paper as invalid and the reasons for its invalidity; and
e: place the voting paper in secure storage under the control of the Returning Officer.
3: The Returning Officer may carry out the duties in subsection (2) by any method and procedure he or she thinks fit, including the use of computer technology. 2000 No 48 s 42 s 40
32: Informal voting papers
A voting paper is informal if the Returning Officer is satisfied,—
a: in the case of the first flag referendum, that the voting paper does not clearly indicate the voter’s first preference; or
b: in the case of the second flag referendum, that the voting paper does not clearly indicate the option for which the elector wished to vote. 2000 No 48 s 43 s 41
33: Invalid voting papers
A voting paper is invalid if the Returning Officer is satisfied that the voting paper—
a: is a forgery or a copy; or
b: was dispatched by the Returning Officer to a person whose roll identifier number was supplied to the Returning Officer under section 26
c: was posted to an elector under section 22
i: a voting paper was also posted under section 23 section 24(4)(a)
ii: the relevant parts of the voting paper were also dictated to the elector under section 24(4)(c)
d: was marked by a person other than—
i: the elector intended to receive the voting paper; or
ii: if section 27(3)
iii: if section 27(5)
e: was marked in breach of section 58(2) 59(1)
f: was not returned in accordance with section 29
g: if returned by fax, is not a true copy of the original voting paper marked by the elector; or
h: is damaged in such a way as to prevent it from being processed. 2000 No 48 s 44 s 42
34: Protection of secrecy during processing
1: The Returning Officer must ensure that—
a: the processing of voting papers is conducted at the office of the Returning Officer or in premises authorised by the Returning Officer; and
b: when the office of the Returning Officer or any other premises are being used for the processing of voting papers, a sign is placed outside the office or premises stating that this is the case and that entry is prohibited without the express authorisation of the Returning Officer; and
c: no person, without the express authorisation of the Returning Officer, enters the office of the Returning Officer or any other premises when the sign is in place.
2: The Returning Officer must take all reasonable steps to ensure the safe custody of all returned voting papers until they have been sent to the Clerk of the House under section 40
3: Despite section 35(1) 2000 No 48 s 45 s 43(1)(a)–(c), (2)
35: Publicity during processing
1: The Returning Officer must ensure that the result of voting is not calculated, whether partially or finally, before 7 pm on the last day of the voting period.
2: Despite subsection (1), the Returning Officer may from time to time during the voting period issue a press statement giving the total number of votes received at a date specified in the statement, but not the number of votes received for each option. 2000 No 48 s 46 s 43(1)(d)
36: Supervision of processing
1: In this section,— duty Judge Justice place
2: After consultation with the Chief District Court Judge, the Minister must appoint as many District Court Judges or retired District Court Judges to observe the processing of voting papers as the Minister considers necessary.
3: The Minister may also appoint as many Justices of the Peace to observe the processing of voting papers as the Minister considers necessary.
4: A Justice—
a: is subject, in the exercise of his or her duty, to the direction of any Judge who is present at the place; but
b: may exercise his or her duty whether or not any Judge is present at the place.
5: A Judge must finally determine whether any voting paper is valid or informal, if asked to do so by the Returning Officer.
6: A Justice must not finally determine whether any voting paper is valid or informal.
7: In the case of the first flag referendum, if asked to do so by the Returning Officer, a Judge must finally determine whether any voting paper is exhausted within the meaning of clause 1
a: all of the options for which a preference was validly expressed on the voting paper have been excluded; or
b: the voting paper does not clearly indicate any preference consecutive to the preference indicated for the option that was last excluded. 2000 No 48 s 47 s 44 Announcing results
37: Procedure after close of voting period
As soon as practicable after 7 pm on the last day of the voting period, the Returning Officer must,—
a: in the case of the first flag referendum, count, in the manner described in Schedule 4
b: in the case of the second flag referendum, calculate the number of votes received for each option from the voting papers processed as at 7 pm on the last day of the voting period; and
c: issue a press statement giving the numbers; and
d: complete the processing of voting papers in accordance with section 31 2000 No 48 s 48 s 45
38: Declaration of result of referendum
1: When all the voting papers returned in accordance with section 29
a: in the case of the first flag referendum,—
i: calculate the number of first preference votes received for each option; and
ii: count the votes in the manner described in Schedule 4
iii: declare the result of the referendum by giving public notice of the following:
A: the absolute majority of votes determined at the first iteration; and
B: the number of first preference votes received for each option; and
C: the absolute majority of votes determined at each iteration at which an option was successful or excluded; and
D: the number of votes recorded for each option and the number of transferable votes at each iteration at which an option was excluded; and
E: the iteration number at which each option was excluded, where applicable; and
F: the number of informal voting papers; and
G: the outcome of the referendum; and
b: in the case of the second flag referendum,—
i: calculate the total number of votes received for each option; and
ii: declare the result of the referendum by giving public notice of it in form 2
iii: give public notice of the following for each district:
A: the number of votes received for each option; and
B: the number of informal votes.
2: However, if there is a tie within the meaning of section 39(3)
3: In this section, absolute majority of votes clause 3
39: Determination of result in event of tie
1: If there is a tie in the first flag referendum, the Electoral Commission must resolve the tie in the manner described in clause 10
2: If there is a tie in the second flag referendum, the current New Zealand Flag is to be taken to have received the greatest number of votes.
3: In this section, tie
a: in relation to the first flag referendum, any of the circumstances described in clause 10
b: in relation to the second flag referendum, that there is an equality of votes between the 2 options. 1993 No 87 s 179(6) cl 58(5) Schedule 1A
40: Disposal of voting papers and rolls
1: As soon as practicable after declaring the result of the referendum, the Returning Officer must—
a: enclose and securely seal in 1 or more separate parcels—
i: all returned voting papers, used or unused; and
ii: the record of informal and invalid voting papers; and
iii: the Returning Officer's copy of the roll; and
b: send the parcels to the Clerk of the House.
2: The Clerk of the House must,—
a: as soon as practicable, sign a receipt for the parcels and send it to the Returning Officer; and
b: keep the parcels safely for 6 months unopened, unless a court of competent jurisdiction or the House of Representatives orders them, or any of them, to be opened; and
c: ensure that at the end of 6 months the parcels are destroyed unopened in the presence of the Clerk of the House.
3: Section 190 2000 No 48 s 50 s 47
5: Application for inquiry into conduct of referendum
Parties to inquiry
41: Who may make application
1: Any group of electors may apply to the High Court for an inquiry into the conduct of a referendum or of any person connected with it on the grounds that the group is dissatisfied with the conduct of the referendum or of any person connected with the conduct of the referendum, and that that conduct could have altered the outcome of the referendum.
2: A group may make an application only if it has at least 200 members. 2000 No 48 s 52 s 48(1)
42: Who may be respondents
The person complained of is a respondent to the application if the person is—
a: the Returning Officer; or
b: a person employed or engaged under section 16
c: the Electoral Commission; or
d: an employee of New Zealand Post Limited; or
e: a person acting under a delegation under section 17 2000 No 48 s 54 s 48(2)
43: Group of electors may oppose application
1: Any group of electors may file notice of its intention to oppose an application, if there is only 1, or to oppose specified applications, if there are more than 1.
2: A group may file such a notice only if it has at least 24 members.
3: The notice must—
a: be in form 3
b: be filed at least 3 working days before the day fixed for the start of the hearing.
4: A group filing a notice in accordance with this section becomes a respondent to the application or applications. 2000 No 48 s 53 s 49 Making of application
44: Making of application
1: An applicant makes its application by filing the application in the High Court in Wellington.
2: The application must—
a: be in form 4
b: state the specific grounds on which the applicant is dissatisfied with the conduct of the referendum or of any person connected with it; and
c: be made within 20 working days after the Returning Officer has declared the result of the referendum under section 38(1)(a)(iii) or (b)(ii)
3: The Registrar of the court must send a copy of the application to the Returning Officer as soon as practicable after it is filed. 2000 No 48 ss 55–58
45: Application to be served on respondents
1: An application must be served on a group that becomes a respondent under section 43(4)
2: An application that asks for an inquiry into the conduct of a person connected with the referendum must be served on the person complained of as soon as practicable after it is made.
3: An application must be served in a manner as close as possible to that in which a statement of claim is served. 2000 No 48 s 59 s 48(5) Hearing of application
46: More than 1 application relating to same referendum
Where 2 or more applications are filed that relate to the same referendum, all those applications must be dealt with as 1 application.
47: Matters to be inquired into at hearing
1: At the hearing, the court has jurisdiction to inquire into and adjudicate on any matter relating to the application in any manner that the court thinks fit.
2: The court may, on any terms and conditions it considers just, give leave for grounds other than those stated in the application to be inquired into.
3: Evidence may be given to prove that the total number of valid votes recorded for each of the options on the voting paper was other than that declared, without any applicant having to state that as a ground of dissatisfaction or the court having to give leave for the ground to be inquired into.
4: The provisions of the Electoral Act 1993
5: The provisions of the Electoral Act 1993 sections 232 235 236(1), (2), and (4) to (7) 240 241 242 247 to 255 256(1)(a) and (b) 257 2000 No 48 s 60 s 48(3) Court’s decision
48: Decision of court as to result of referendum
At the end of a hearing, the court must—
a: determine the total number of valid votes recorded for each option; or
b: determine whether the referendum is void because of some irregularity that in the court’s opinion materially affected the outcome of the referendum. 2000 No 48 s 61 s 50
49: Fresh referendum
1: If the court declares a referendum void under section 48(b)
2: The Registrar of the court must notify the Returning Officer that the referendum has been declared void.
3: Despite section 12
4: The voting period for a fresh referendum closes at 7 pm on a day to be appointed by the Returning Officer by notice in the Gazette
5: At the fresh referendum, the same roll of electors must be used as was used at the voided referendum. 2000 No 48 s 62 s 51
6: Offences
50: Unauthorised use or disclosure of referendum information
1: An official who uses or discloses information, acquired in connection with a referendum in his or her capacity as an official, knowing that the use or disclosure is not required or permitted for the performance of his or her official duty commits an offence against this section and is guilty of a corrupt practice for the purposes of the Electoral Act 1993
2: In this section, official
a: the Returning Officer:
b: any person employed or engaged under section 16
c: the Electoral Commission:
d: any employee of New Zealand Post Limited:
e: any person acting under a delegation under section 17 2000 No 48 s 63 s 49
51: Influencing electors generally
1: This section applies to any person who, at any time during the 3 days immediately before the commencement of a voting period or during a voting period, prints or distributes or delivers to any person anything—
a: that is or purports to be an imitation of the voting paper, together with any direction or indication as to the option for which any person should or should not vote; or
b: that is or purports to be an imitation of the voting paper and that has on it any matter likely to influence any vote.
2: Every such person commits an offence and is liable on conviction to a fine not exceeding $5,000.
3: Nothing in this section applies to anything said or done, for the purposes of a referendum, by—
a: the Returning Officer; or
b: a panel; or
c: a person employed or engaged under section 16
d: a person acting under a delegation under section 17 2000 No 48 s 66 s 52
52: Offences in relation to voting papers
1: Every person commits an offence who—
a: forges, or counterfeits, or fraudulently defaces, or fraudulently destroys a voting paper or an envelope containing a voting paper; or
b: supplies a voting paper to any person knowing that the person is not the person intended to receive the voting paper; or
c: dictates the relevant parts of the voting paper to a person, knowing that the person is not the person to whom the parts were intended to be dictated; or
d: without due authority, destroys, takes, or interferes with a voting paper or an envelope containing a voting paper that—
i: is in use for the purposes of the referendum; or
ii: is kept after the declaration of the result as a record of the referendum.
2: Every person who commits an offence against this section is liable on conviction,—
a: if the Returning Officer, or any person employed or engaged under section 16 section 17
b: if any other person, to imprisonment for a term not exceeding 6 months.
3: Every person who commits an offence against this section is guilty of a corrupt practice for the purposes of the Electoral Act 1993 section 224(1)(a) 2000 No 48 s 68 s 54
53: Bribery by any person at any time
1: In this section,—
a: elector
b: references to giving money include the following actions in relation to any money or valuable consideration:
i: giving it; or
ii: lending it; or
iii: agreeing to give or lend it; or
iv: offering it; or
v: promising it; or
vi: promising to get, or to try to get, it:
c: references to getting any office include the following actions in relation to any office, place, or employment:
i: giving it; or
ii: getting it; or
iii: agreeing to give or get it; or
iv: offering it; or
v: promising it; or
vi: promising to get, or to try to get, it.
2: This section does not apply to money paid, or agreed to be paid, for or on account of any legal expenses incurred in good faith at or in relation to a referendum.
3: Every person commits the offence of bribery who—
a: gives any money to, or gets any office for, an elector in order to induce the elector to vote or refrain from voting at the referendum; or
b: gives any money to, or gets any office for, a person, on behalf of an elector, in order to induce the elector to vote or refrain from voting at the referendum; or
c: gives any money to, or gets any office for, a person in order to induce an elector to vote or refrain from voting at the referendum; or
d: corruptly does an act described in any of paragraphs (a) to (c) on account of an elector having voted or refrained from voting at the referendum; or
e: makes a gift to, or gets an office for, a person in order to induce that person to get, or try to get, the vote of any elector at the referendum.
4: A person commits the offence described in subsection (3) whether he or she does an act described there—
a: directly or indirectly:
b: on his or her own or through another person.
5: Every person commits the offence of bribery who—
a: offers or pays or causes to be paid any money to, or for the use of, any other person intending that the money or part of it will be expended in bribery at a referendum; or
b: knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or partly expended in bribery at a referendum.
6: Every person who commits the offence of bribery is guilty of a corrupt practice for the purposes of the Electoral Act 1993 2000 No 48 s 69 ss 55(1), (4), (5) 56
54: Bribery by any person after voting period
1: Every person commits the offence of bribery if, after the voting period, he or she receives any money or valuable consideration on account of—
a: any person having voted or refrained from voting at the referendum; or
b: any person having induced any other person to vote or refrain from voting at the referendum.
2: A person commits the offence described in subsection (1) whether he or she does an act described there—
a: directly or indirectly:
b: on his or her own or through another person.
3: Every person who commits the offence of bribery is guilty of a corrupt practice for the purposes of the Electoral Act 1993 2000 No 48 s 70 s 55(4), (5)
55: Bribery by elector before or during voting period
1: In this section, elector
2: An elector commits the offence of bribery if he or she receives, or agrees to receive, or contracts for, any money, gift, loan, valuable consideration, office, place, or employment for himself or herself, or for any other person, for—
a: voting or agreeing to vote at the referendum; or
b: refraining or agreeing to refrain from voting at the referendum.
3: An elector commits the offence described in subsection (2) whether he or she does an act described there—
a: before or during the voting period:
b: directly or indirectly:
c: on his or her own or through another person.
4: Every person who commits the offence of bribery is guilty of a corrupt practice for the purposes of the Electoral Act 1993 2000 No 48 s 71 ss 55(3), (5) 56
56: Treating
1: Every person commits the offence of treating who corruptly gives or provides, or pays wholly or partly the cost of giving or providing, any food, drink, entertainment, or provision to or for any person—
a: for the purpose of corruptly influencing that person or any other person to vote or refrain from voting at a referendum; or
b: on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting, at a referendum.
2: A person commits the offence described in subsection (1) whether he or she does an act described there—
a: before, during, or after the voting period:
b: directly or indirectly:
c: on his or her own or through another person.
3: Every person who is the holder of a licence for the retail sale of alcohol (within the meaning of the Sale and Supply of Alcohol Act 2012
a: to any person when the supply is demanded for the purpose of treating; or
b: to any persons, whether electors or not, for the purpose of getting votes for any response, and without receiving payment for it at the time when it is supplied.
4: Every elector who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.
5: Every person who commits the offence of treating is guilty of a corrupt practice for the purposes of the Electoral Act 1993 2000 No 48 s 72 s 57
57: Undue influence
1: Every person commits the offence of undue influence who makes use of, or threatens to make use of, any force, violence, or restraint upon or against any person—
a: in order to induce or compel that person to vote for any response; or
b: on account of that person having voted for any response; or
c: on account of that person having voted or refrained from voting at a referendum.
2: A person commits the offence described in subsection (1) whether he or she does an act described there—
a: directly or indirectly:
b: on his or her own or through another person.
3: Every person commits the offence of undue influence who, by abduction, duress, or any fraudulent device or means,—
a: impedes or prevents the free exercise of the vote of any elector at a referendum; or
b: compels, induces, or prevails upon any elector either to vote or to refrain from voting at a referendum.
4: Every person who commits the offence of undue influence is guilty of a corrupt practice for the purposes of the Electoral Act 1993 2000 No 48 s 73 s 58
58: Interference with voting or compromising secrecy of voting
1: Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who—
a: is present in accordance with section 27(4)
b: communicates at any time to any person any information obtained about the response for which the voter is about to vote or has voted.
2: Every person commits an offence and is liable on conviction to a fine not exceeding $5,000—
a: who—
i: is authorised by a voter to mark the voting paper under section 27(4)(b)
ii: is the Returning Officer or a person acting under a delegation under section 17(1) section 27(5)
b: who does not mark the voting paper in accordance with the voter's instructions.
3: Every person who, except for a lawful purpose, interferes with or attempts to interfere with a voter marking his or her voting paper at the referendum commits an offence and is liable on conviction to a fine not exceeding $5,000. 2000 No 48 s 74 s 59
59: Personation
1: Every person commits the offence of personation who—
a: marks any voting paper knowing that he or she is not the person intended to receive the voting paper; or
b: dictates a vote knowing that he or she is not the person to whom the relevant parts of the voting paper were intended to be dictated; or
c: having returned a voting paper, returns another voting paper with the intention of returning an additional valid voting paper, whether or not any voting paper he or she returns is valid.
2: If the Returning Officer believes that any person has committed an offence against this section, the Returning Officer must report the facts on which that belief is based to the New Zealand Police.
3: Every person who commits, or aids, abets, counsels, or procures the commission of, the offence of personation is guilty of a corrupt practice for the purposes of the Electoral Act 1993 2000 No 48 s 75 s 60
60: Offences in relation to processing
1: Every person who, without the express authorisation of the Returning Officer, enters the office of the Returning Officer or any other premises when the sign referred to in section 34(1)(b)
2: If the Returning Officer, or a person acting under a delegation under section 17(1) section 34(2)
3: Every person commits an offence who is present at the processing of voting papers and—
a: fails to maintain and aid in maintaining the secrecy of the voting; or
b: communicates any information obtained at the processing of voting papers about the response for which any vote is given in any particular voting paper.
4: Every person who commits an offence against subsection (3) is guilty of a corrupt practice for the purposes of the Electoral Act 1993 2000 No 48 s 76 s 61
61: Property may be stated as vesting in Returning Officer
In any prosecution for an offence in relation to any voting paper or any envelope containing any voting paper, the property in the voting paper or envelope may be stated as vesting in the Returning Officer. 2000 No 48 s 77 s 62
7: Advertising
62: Interpretation
In this subpart, unless the context otherwise requires,— address
a: in relation to an individual,—
i: the full street address of the place where that individual usually lives; or
ii: the full street address of any other place where that individual can usually be contacted between the hours of 9 am and 5 pm on any working day:
b: in relation to a body corporate or unincorporated,—
i: the full street address of the body's principal place of business; or
ii: the full street address of the body's head office promoter referendum advertisement section 63 2010 No 139 s 30
63: Meaning of referendum advertisement
1: In this subpart, referendum advertisement
a: may reasonably be regarded as encouraging or persuading electors—
i: to vote in a particular way in a referendum; or
ii: not to vote in a particular way in a referendum; and
b: is published, at any time from the date of the commencement of this Act until the close of the voting period for the second flag referendum, by—
i: broadcasting on the radio or television; or
ii: displaying on a billboard (including an electronic billboard); or
iii: printing in a newspaper, magazine, or journal; or
iv: printing in a professionally printed brochure, pamphlet, flyer, handbill, or poster for the purpose of distribution.
2: However, none of the following is a referendum advertisement:
a: an advertisement that—
i: is published, or caused or permitted to be published, by a panel, an agency, or the Electoral Commission; and
ii: relates to electoral matters or the conduct or subject matter of 1 or both of the referendums; and
iii: contains—
A: a statement indicating that the advertisement has been authorised by the panel, agency, or Electoral Commission, as the case may be; or
B: a symbol indicating that the advertisement has been authorised by the panel, agency, or Electoral Commission, as the case may be:
b: the editorial content of—
i: a periodical:
ii: a radio or television programme:
c: any display of, or visual representation or description of, the current New Zealand Flag or any alternative flag design, or any associated symbol, that is published without further promotional words or images relating to voting in a referendum:
d: any transmission (whether live or not) of proceedings in the House of Representatives:
e: any publication on the Internet.
3: Subsection (2)(e) is for the avoidance of doubt.
4: In this section,— distribution
a: displaying in or leaving at a public place:
b: delivering to an address:
c: sending by post or otherwise:
d: circulating periodical
a: was established for purposes unrelated to the conduct of either or both of the referendums; and
b: since its establishment—
i: has been published at regular intervals; and
ii: has been generally available to members of the public professionally printed
a: printed by a person or group whose core business is or includes printing; or
b: printed under a contract or arrangement for money or other consideration; or
c: printed in a volume clearly designed to encourage or persuade a significant proportion of electors to vote or not to vote in a particular way at a referendum. 2010 No 139 s 31
64: Referendum advertisement to include promoter statement
1: A person may publish or cause or permit to be published a referendum advertisement only if the advertisement includes a promoter statement.
2: A promoter statement must state the name and address of the promoter of the referendum advertisement.
3: If the promoter is a body corporate or unincorporated, the promoter statement must, in addition to the name and address of the body provided under subsection (2), include the name of a member of the body who is the duly authorised representative of the promoter.
4: If the referendum advertisement is in a visual form, the promoter statement must clearly appear in the advertisement.
5: If the referendum advertisement is broadcast on the radio, the promoter statement when stated must be no less audible than the other content of the advertisement. 2010 No 139 s 42(1), (2), (4), (5), (6)
65: Failure to include promoter statement in referendum advertisement
Every person who, in contravention of section 64 2010 No 139 ss 66(c) 71(2)
66: Duty of Electoral Commission
1: If the Electoral Commission believes that any person has committed an offence under section 65
2: Subsection (1) does not apply if the Electoral Commission considers that the effect of the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police. 2010 No 139 s 73
67: Regulated periods for purposes of Parliamentary Service Act 2000
For the purposes of the Parliamentary Service Act 2000
a: the regulated period for the first flag referendum—
i: begins on the date on which this Act commences; and
ii: ends with the close of the day appointed under section 11(a)
b: the regulated period for the second flag referendum—
i: begins on the date on which this Act commences; and
ii: ends with the close of the day appointed under section 11(b)
3: Miscellaneous provisions
Orders in Council
68: Regulations
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing forms for the purposes of this Act:
b: applying, with or without modifications, for the purposes of this Act, any other provisions of the Electoral Act 1993
c: applying, with or without modifications, for the purposes of this Act, any other provisions of the 2000 Act
d: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. 2000 No 48 s 80
69: Validation of irregularities
1: In the circumstances described in subsection (2), the Governor-General may, by Order in Council, do any of the things described in subsection (3).
2: The circumstances are—
a: if anything is omitted to be done at the time required by or under this Act; or
b: if anything cannot be done at the time required by or under this Act; or
c: if anything is done before or after the time required by or under this Act; or
d: if anything is otherwise irregularly done in matter of form; or
e: if sufficient provision for something that needs to be done is not made by or under this Act.
3: The things are—
a: at any time before or after the time within which the thing is required to be done, to extend that time; or
b: to validate anything done before or after the time required; or
c: to validate anything irregularly done in matter of form; or
d: to make such other provision for the case as the Governor-General thinks fit. 2000 No 48 s 78 s 63 Provisions relating to change of New Zealand flag
70: Amendments to Flags, Emblems, and Names Protection Act 1981
1: This section amends the Flags, Emblems, and Names Protection Act 1981
2: In the Long Title, replace to declare the New Zealand Ensign to be the New Zealand Flag to prescribe the New Zealand Flag
3: In section 2 1902 Flag Schedule 1A
4: Replace section 5
5: The New Zealand Flag
1: The flag described in Part 1 of Schedule 1 Part 2 of Schedule 1
2: The New Zealand Flag is the symbol of the Realm, Government, and people of New Zealand.
3: The New Zealand Flag—
a: is the national flag of New Zealand for general use on land within New Zealand and, where appropriate for international purposes, overseas; and
b: is the proper national colours to be worn by all New Zealand Government ships, and by such other New Zealand ships as may for the time being be authorised to wear the New Zealand Flag by or under the Ship Registration Act 1992 1952 No 49 s 5(1), (2); Flags Act 1953 s 3(1) (Aust)
5A: 1902 Flag
1: The 1902 Flag is recognised as a flag of historical significance to the Realm, Government, and people of New Zealand.
2: Any person or body (other than a government department) may use the 1902 Flag, except where required by law to use the New Zealand Flag or another specified flag for a particular purpose.
5: In the heading to section 9 alternative flags New Zealand White Ensign and New Zealand Red Ensign
6: In the heading to section 10 flying of New Zealand Flag flying of flags
7: Replace section 10(1)(c)
c: without derogating from the general design depicted in Part 2 of Schedule 1
i: in a degree of detail greater than that provided in Part 1 of Schedule 1; or
ii: to be used for specific purposes, circumstances, or events:
d: the days or occasions on which and the times during which the 1902 Flag, or any other flag of historical or national significance, may be flown:
e: the manner in which the 1902 Flag, or any other flag of historical or national significance, is to be flown, including the precedence that such flag is to be accorded in relation to other specified flags or classes of flags.
8: Replace section 10(2) and (3)
2: The Minister may, either in any notice issued under subsection (1) or otherwise, set out for general information and guidance rules of conduct and the etiquette to be followed in the flying or other use of any of the following:
a: the New Zealand Flag:
b: the 1902 Flag:
c: any other flag of historical or national significance.
3: Any rules set out under subsection (2) do not have the force of law.
4: A notice or other prescription made under subsection (1) or rules set out under subsection (2) do not alter or affect the unique status of the New Zealand Flag as the symbol of the Realm, Government, and people of New Zealand.
9: In section 11(2) Schedule 1 Part 2 of Schedule 1
10: Replace Schedule 1 Schedules 1 and 1A Schedule 5
11: In Schedule 1
a: in Part 1 [ Insert description section 13(2)(c)
b: in Part 2 [ Insert image section 13(2)(b)
12: In Schedule 2 OIC Flags, Emblems, and Names Protection Act 1981 ref section 2(2) in regards to sections 70, 71. Commencement by OIC or 6 months after the results of the second referendum is declared.
71: Amendments to Land Transport (Driver Licensing) Rule 1999
1: This section amends the Land Transport (Driver Licensing) Rule 1999
2: After clause 63
63A: Validity not affected by change of New Zealand Flag
1: For the purposes of clauses 62(g) and 63(2)(b), New Zealand Flag Flags, Emblems, and Names Protection Act 1981
2: The validity of a driver licence is not affected by a change of the New Zealand Flag that occurs at any time during the period of validity of the licence. OIC Land Transport (Driver Licensing) Rule 1999 ref section 2(2) in regards to sections 70, 71. Commencement by OIC or 6 months after the results of the second referendum is declared.
72: Transitional provision
For the purposes of section 58(2) |
DLM6680400 | 2015 | Education Amendment Act (No 2) 2015 | 1: Title
This Act is the Education 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 amends the Education Act 1989 principal Act 2015-12-10 Education Act 1989
4: Section 303 amended (Student allowances)
1: After section 303(3B)
3BA: Despite subsection (3B), if any rate of student allowance is increased on 1 April 2016 by regulations ( regulations A regulations B
a: regulations A come into force immediately before regulations B; and
b: the adjustment to the rate of the allowance required to be made by regulations B is to the rate as at 31 March 2016; and
c: the amount by which the rate of allowance is increased by regulations A is added to the adjustment made by regulations B.
2: After section 303(5)
6: Subsection (3BA) is repealed on 30 April 2016, and this subsection is repealed immediately after. |
DLM6433510 | 2015 | Accident Compensation (Cover for Mental Injury—Indecency Offences) Amendment Act 2015 | 1: Title
This Act is the Accident Compensation (Cover for Mental Injury—Indecency Offences) 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 Accident Compensation Act 2001 principal Act 2015-05-07 Accident Compensation Act 2001
4: Schedule 3 amended
1: In Schedule 3 124A Indecent communication with young person under 16
2: In Schedule 3 131B Meeting young person following sexual grooming, etc |
DLM6403602 | 2015 | Commodity Levies Amendment Act 2015 | 1: Title
This Act is the Commodity Levies 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 Commodity Levies Act 1990 principal Act 2015-03-26 Commodity Levies Act 1990
4: Section 19 amended (Power of search)
In section 19(1) authorise the constable or person authorise every constable and designated person |
DLM6403833 | 2015 | Misuse of Drugs Amendment Act 1978 Amendment Act 2015 | 1: Title
This Act is the Misuse of Drugs Amendment Act 1978 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 Misuse of Drugs Amendment Act 1978 principal Act 2015-03-26 Misuse of Drugs Amendment Act 1978
4: Section 10 amended (Interpretation)
In section 10(1) drug dealing offence 46, |
DLM6403885 | 2015 | Sentencing Amendment Act 2015 | 1: Title
This Act is the Sentencing 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 Sentencing Act 2002 principal Act 2015-03-26 Sentencing Act 2002
4: Section 140A amended (What happens if lessor does not apply to Registrar before motor vehicle sold or disposed of)
In section 140A(5)(b)(i) less than 1 year 1 year or less |
DLM6488910 | 2015 | Subordinate Legislation (Confirmation and Validation) Act 2015 | 1: Title
This Act is the Subordinate Legislation (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.
1: General and technical provisions
3: Purpose of this Act
1: The purpose of this Act is to prevent the lapse of certain subordinate legislation that, by virtue of the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by an Act of Parliament.
2: Lapse
4: Validations to prevent expiry do not cure invalidity, etc
In the light of their purpose, the validations effected by sections 13 15 16
a: express an intention to give legislative force to the provisions of the enactments validated; or
b: apply to any reason for invalidating the enactments; or
c: override any presumption that would otherwise apply to the enactments.
5: Act binds the Crown
This Act binds the Crown.
6: Repeal
The Subordinate Legislation (Confirmation and Validation) Act 2014 2015-12-11 Subordinate Legislation (Confirmation and Validation) Act 2014
2: Confirmations and validations
7: Agricultural Compounds and Veterinary Medicines Act 1997
The Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Regulations 2015 2015-12-11 Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Regulations 2015
8: Animal Products Act 1999
The following regulations are confirmed:
a: Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015
b: Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015 2015-12-11 Animal Products (Fees, Charges, and Levies) Amendment Regulations 2015 Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015
9: Biosecurity Act 1993
The following orders are confirmed:
a: Biosecurity (Readiness and Response—Kiwifruit Levy) Order 2015
b: Biosecurity (System Entry Levy) Amendment Order 2015 2015-12-11 Biosecurity (Readiness and Response—Kiwifruit Levy) Order 2015 Biosecurity (System Entry Levy) Amendment Order 2015
10: Commodity Levies Act 1990
The following orders are confirmed:
a: Commodity Levies (Feijoas) Order 2014
b: Commodity Levies (Passionfruit) Order 2014
c: Commodity Levies (Wheat Grain) Order 2014
d: Commodity Levies (Summerfruit) Order 2014
e: Commodity Levies (Milksolids) Order 2014
f: Commodity Levies (Non-proprietary and Uncertified Herbage Seeds) Order 2014
g: Commodity Levies (Passionfruit) Amendment Order 2015 2015-12-11 Commodity Levies (Feijoas) Order 2014 Commodity Levies (Passionfruit) Order 2014 Commodity Levies (Wheat Grain) Order 2014 Commodity Levies (Summerfruit) Order 2014 Commodity Levies (Milksolids) Order 2014 Commodity Levies (Non-proprietary and Uncertified Herbage Seeds) Order 2014 Commodity Levies (Passionfruit) Amendment Order 2015
11: Customs and Excise Act 1996
The following orders are confirmed:
a: Customs Import Prohibition Order 2014
b: Customs Export Prohibition Order 2014
c: Excise and Excise-equivalent Duties Table (Tobacco Products Indexation and Separate 10% Increase) Amendment Order 2014:
d: Customs Import Prohibition (Toothfish) Order 2015
e: Customs Export Prohibition (Toothfish) Order 2015
f: Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2015. 2015-12-11 Customs Import Prohibition Order 2014 Customs Export Prohibition Order 2014 Customs Import Prohibition (Toothfish) Order 2015 Customs Export Prohibition (Toothfish) Order 2015
12: National Animal Identification and Tracing Act 2012
The National Animal Identification and Tracing (Levies) Amendment Regulations 2015 2015-12-11 National Animal Identification and Tracing (Levies) Amendment Regulations 2015
13: New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 1964
The Social Security (Rates of Benefits and Allowances) Order 2015 2015-12-11 Social Security (Rates of Benefits and Allowances) Order 2015
14: Road User Charges Act 2012
The Road User Charges (Rates) Regulations 2015 2015-12-11 Road User Charges (Rates) Regulations 2015
15: Tariff Act 1988
The Tariff (Concessions) Amendment Order 2014 is validated and confirmed.
16: Veterans’ Support Act 2014 and War Pensions Act 1954
The Veterans’ Support (Rates of War Pensions Act 1954 Allowances) Order 2015 section 75C(4) 2015-12-11 Veterans’ Support (Rates of War Pensions Act 1954 Allowances) Order 2015
17: Wine Act 2003
The Wine Amendment Regulations 2015 2015-12-11 Wine Amendment Regulations 2015 |
DLM3335107 | 2015 | Social Security Amendment Act 2015 | 1: Title
This Act is the Social Security 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 amended
This Act amends the Social Security Act 1964 2015-04-10 Social Security Act 1964
1: Amendments to principal Act
4: Accommodation supplement
1: Section 61EA(4)
ab: would be eligible to receive a basic grant or an independent circumstances grant under the Student Allowances Regulations 1998, if he or she were to apply for the grant; or
2: Section 61EA(4)(b) or spouse or partner, were the person to apply for the grant parents
5: Deduction of weekly compensation from income-tested benefits
Section 71A
3: In this section, weekly compensation
6: New section 79 substituted
Section 79
79: Persons who have had income tax deducted or withheld on earnings from employment overseas to be treated as resident and present in New Zealand
1: This section applies to any person who was employed outside New Zealand if, with respect to the person's period of employment, the person's employer (or other relevant person) makes—
a: PAYE income payments (as that term is used in the Income Tax Act 2007) from which the person, employer, or other relevant person must withhold an amount of tax under the PAYE rules as defined in that Act:
b: source deduction payments,—
i: as that term is used in the Income Tax Act 2004, from which the person, employer, or other relevant person must withhold an amount of tax under the PAYE rules as defined in that Act:
ii: as that term is used in the Income Tax Act 1994, from which the person, employer, or other relevant person must make a tax deduction under the PAYE rules as defined in that Act:
iii: as that term is used in the Income Tax Act 1976, from which the person, employer, or other relevant person must make a tax deduction under Part 11 of that Act:
iv: as that term is used in the Income Tax Assessment Act 1957, from which the person, employer, or other relevant person must make a tax deduction under Part 2 of that Act.
2: This section applies in respect of a period of employment, whether or not the person's employer (or other relevant person) failed to pay an amount of tax deducted or withheld to the Commissioner of Inland Revenue if the chief executive is satisfied that—
a: the employer (or other relevant person) deducted or withheld tax under subsection (1)
b: the person did not contribute to the employer's (or other relevant person's) failure to pay that tax to the Commissioner.
3: For the purposes of satisfying the residential qualification for any benefit after the return to New Zealand, on or after 23 June 1987, of the person to whom this section applies or the spouse or partner or any child of that person,—
a: that person must be treated as being resident and present in New Zealand during the period to which this section applies:
b: if the spouse or partner or any child of that person was with the person during that period or any part of it, the spouse or partner or child must be treated as being resident and present in New Zealand during that period or that part of it, as the case may be:
c: any child of that person born outside New Zealand during that period must be treated as having been born in New Zealand.
4: Nothing in subsection (3)
7: Benefit applications by claimants under Injury Prevention, Rehabilitation, and Compensation Act 2001
1: The heading to section 80D Injury Prevention, Rehabilitation, and Compensation Act 2001 Accident Compensation Act 2001
2: Section 80D
a: weekly compensation is paid by or on behalf of the Accident Compensation Corporation, or by or on behalf of an accredited employer within the meaning of section 181 of the Accident Compensation Act 2001, in respect of a claim made under that Act; and
8: Schedule 6 amended
The proviso to item 1 of Schedule 6
9: Schedule 18 amended
Part 1 of Schedule 18
ia: in the case of a sole parent, at the appropriate maximum rate in item 1(ba) or (c) of Schedule 9 as if Income Test 3 applied to that rate instead of Income Test 1; or
2: Validation, savings, and consequential amendments
10: Validation
1: For the purpose of calculating the rate of reduction of a benefit payable to a person in accordance with section 71A section 5 relevant period weekly compensation
a: the Accident Insurance Act 1998 1998 Act
b: the Injury Prevention, Rehabilitation, and Compensation Act 2001, renamed the Accident Compensation Act 2001 2001 Act specified payer
a: an insurer as defined in section 13(1) section 341(1)
b: the Accident Compensation Corporation established by section 328 of the 1998 Act and continued by section 259(1)
c: an accredited employer as defined in section 326A of the 1998 Act or section 181
2: For the purpose of determining the residential qualifications of any person for any benefit on and after 23 June 1987, the principal Act must be read as if section 79 section 6
3: For the purposes of determining the validity of the rate of any supported living payment in the period beginning with 15 July 2013 and ending on the commencement of section 8 Social Security Act 1964 Schedule 6 section 8
4: For the purposes of determining the validity of the rate of any accommodation supplement or any decision to refuse to grant an accommodation supplement on account of income in the period beginning with 15 July 2013 and ending on the commencement of section 9 Social Security Act 1964 Schedule 18 section 9
11: Savings
1: Section 79 section 6
a: does not apply in respect of any application, appeal, or proceedings of a kind specified in subsection (3) that alleged an invalidity in the assessment of whether a person was liable for the payment of income tax on earnings from employment outside New Zealand under section 79(1)
b: does not affect the rights of any person who made an application to which paragraph (a) applies, or was a party to an appeal or other proceedings to which paragraph (a) applies, under—
i: any decision, or any judgment of a court, in relation to that application or appeal or those proceedings, as the case may be; or
ii: any decision or judgment given on appeal from that decision or judgment.
2: Section 10
a: does not apply in respect of any application, appeal, or proceedings of a kind specified in subsection (3) that alleged an invalidity in a rate of benefit reduced or purported to be reduced under section 71A(2)
b: does not affect the rights of any person who made an application to which paragraph (a) applies, or was a party to an appeal or other proceedings to which paragraph (a) applies, under—
i: any decision, or any judgment of a court, in relation to that application or appeal or those proceedings, as the case may be; or
ii: any decision or judgment given on appeal from that decision or judgment.
3: Subsection (1)(a) or (2)(a) applies in respect of each of the following:
a: an application for review under section 10A
b: an appeal under section 12J 12Q 12R
c: any other proceedings.
12: Consequential amendments
The Acts set out in the Schedule 2015-04-10 New Zealand Superannuation and Retirement Income Act 2001 Veterans’ Support Act 2014 |
DLM6403202 | 2015 | Biosecurity Amendment Act 2015 | 1: Title
This Act is the Biosecurity 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 Biosecurity Act 1993 principal Act 2015-03-26 Biosecurity Act 1993
4: Section 24E amended (Meaning of craft risk management standard)
In section 24E(1)(a) territory or the arrival of craft in the EEZ
5: Section 110 amended (Warrant to inspect dwellinghouse, marae, etc)
1: In section 110(1) authorising the inspector or authorised person authorising every inspector and authorised person
2: In section 110(3)(a) authorises the inspector or authorised person authorises every inspector and authorised person
6: Section 142A amended (Establishment)
In section 142A(5)(a) in the public domain that is publicly available, as defined in section 142C(7)
7: Section 142C amended (Access, use, or disclosure)
1: Replace the heading above section 142C(1) Publicly available information .
2: In section 142C(1) comes from the public domain is publicly available
3: Replace the heading above section 142C(2) Information that is not publicly available .
4: In section 142C(2), (4), and (5 comes from any other source is not publicly available
5: After section 142C(2)(f)
g: to access, use, or disclose it for statistical or research purposes, provided that the information accessed, used, or disclosed—
i: does not identify any person; and
ii: is not published in any form that could reasonably be expected to identify any person:
h: to authorise other persons to access and use it for statistical or research purposes, provided that the information used—
i: does not identify any person; and
ii: is not published in any form that could reasonably be expected to identify any person.
6: After section 142C(6) Meaning of publicly available
7: In this section and section 142A(5)(a), information that is publicly available
a: comes directly or indirectly from a source that is, or was at the time of collection, available to the public; or
b: the Director-General believes on reasonable grounds is available to the public.
8: Section 161 amended (Evidence in proceedings)
1: In section 161(2)(d) and (e) by that chief technical officer
2: In section 161(2)(d)(ii) the certificate: the certificate; or
3: After section 161(2)(d)(ii
iii: a person accredited for a particular function under section 103(7): .
4: In section 161(2)(e)(ii) the certificate: the certificate; or
5: After section 161(2)(e)(ii)
iii: a person accredited for a particular function under section 103(7): .
6: Replace section 161(2)(f)
f: a certificate purporting to be signed by the principal officer of a regional council stating that a person specified in the certificate is—
i: an authorised person appointed under section 103(3) in relation to a regional pest management plan or a regional pathway management plan or a small-scale management programme specified or described in, or attached to, the certificate; or
ii: a person accredited for a particular function under section 103(7): . |
DLM6580501 | 2015 | International Finance Agreements Amendment Act 2015 | 1: Title
This Act is the International Finance Agreements 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 11 December 2015 International Finance Agreements Amendment Act 2015 Commencement Order 2015
3: Principal Act
This Act amends the International Finance Agreements Act 1961 principal Act OIC LI 2015/301 2015-12-11 International Finance Agreements Act 1961
1: Preliminary provisions
4: Section 1A amended (Purpose)
After section 1A(4)
5: A further purpose, implemented by the International Finance Agreements Amendment Act 2015, is to enable the Government of New Zealand to be a member of the Asian Infrastructure Investment Bank.
5: Section 2 amended (Interpretation)
In section 2 Infrastructure Bank Infrastructure Bank Agreement Schedule 8
2: Membership of Infrastructure Bank
6: Section 3 amended (Membership of Fund, Bank, Corporation, and Agency)
1: In the heading to section 3 and Agency Agency, and Infrastructure Bank
2: After section 3(2)
3: Approval is also given for the New Zealand Government to become a member of the Infrastructure Bank in accordance with the Infrastructure Bank Agreement.
7: Section 4 amended (Reserve Bank of New Zealand to be depository)
In section 4(1) and the Agency the Agency, and the Infrastructure Bank
8: Section 5 amended (Payments under Agreements and Convention)
1: In section 5(c) and (d) . :
2: After section 5(d)
e: all payments required to be made from time to time to the Infrastructure Bank under the terms of the Infrastructure Bank Agreement.
3: In section 5
2: Expenses or capital expenditure may be incurred without further appropriation than this section for the purpose of the payments authorised by subsection (1) ( see
9: Section 8 amended (Application of certain Articles of Agreements)
1: In section 8(2)
a: after Bank Agreement, and
b: after Corporation Agreement , and Articles 45 to 52 of the Infrastructure Bank Agreement
2: In section 8(3)
a: after In this section, other than in subsection (2) in relation to Articles 45 to 52 of the Infrastructure Bank Agreement,
b: after Cook Islands ,
10: Section 10 amended (Power to amend schedules)
1: After section 10(2)(d)
da: Schedule 8
2: Repeal section 10(3)
11: New Schedule 8 inserted
After Schedule 7 Schedule 8 Schedule |
DLM6603302 | 2015 | Financial Transactions Reporting Amendment Act 2015 | 1: Title
This Act is the Financial Transactions Reporting 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 Transactions Reporting Act 1996 principal Act 2015-11-07 Financial Transactions Reporting Act 1996
4: Section 21 amended (Protection of identity of persons making suspicious transaction reports)
1: In section 21(2)(a)(ii) any serious offence (within the meaning of section 243 of the Crimes Act 1961) an offence within the meaning of section 243 of the Crimes Act 1961
2: In section 21(2)(a)(ii) proceeds of that serious offence proceeds of that offence
5: Section 28 amended (Application of Privacy Act 1993)
1: In section 28(b)(ii) any serious offence (within the meaning of section 243 of the Crimes Act 1961) an offence within the meaning of section 243 of the Crimes Act 1961
2: In section 28(b)(ii) proceeds of that serious offence proceeds of that offence |
DLM6404802 | 2015 | Sale and Supply of Alcohol Amendment Act 2015 | 1: Title
This Act is the Sale and Supply of Alcohol 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 Sale and Supply of Alcohol Act 2012 principal Act 2015-03-26 Sale and Supply of Alcohol Act 2012
4: Section 81 amended (Right of appeal to licensing authority)
Replace section 81(1) and (2)
1: A person or an agency that made submissions as part of the special consultative procedure on a draft local alcohol policy may, within 30 days of the public notification of the resulting provisional local alcohol policy, appeal to the licensing authority against any element of that provisional local alcohol policy.
2: The Police or a Medical Officer of Health may, within 30 days of the public notification of the resulting provisional local alcohol policy, appeal to the licensing authority against any element of that provisional local alcohol policy.
5: Section 83 amended (Consideration of appeals by licensing authority)
In section 83(2) an element of a draft local alcohol policy an element of a provisional local alcohol policy
6: Section 102 amended (Objections to applications)
Replace section 102(4)
4: This subsection applies to an application—
a: for a licence for premises that is of the same kind as the licence currently in force for those premises; and
b: in which the conditions sought are the same as apply to that licence.
4A: In the case of an application to which subsection (4)
7: Section 135 amended (Decision on renewal)
In section 135(2) If the committee If the licensing authority or the committee
8: Section 232 amended (Licensees to keep record of temporary and acting managers)
In the heading to section 232 temporary and acting managers managers, acting managers, and temporary managers
9: Section 371 amended (Who is qualified to vote in election of trustees of community trust)
In section 371(1) that district the trust district |
DLM1170600 | 2015 | Gambling Amendment Act 2015 | 1: Title
This Act is the Gambling 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 amended
This Act amends the Gambling Act 2003 2015-03-03 Gambling Act 2003
1: Amendments to preliminary provisions
4: Purpose
1: Section 3(b) the harm caused by harm from
2: Section 3(f) gambling and the conduct of with
5: Interpretation
1: Section 4(1) allocation allocate
a: that is a New Zealand lottery or part of a New Zealand lottery, means to determine, in accordance with section 248, the tickets that are prize-bearing tickets or the prize that each ticket bears:
b: that is not a New Zealand lottery or part of a New Zealand lottery, means to determine wholly by chance the tickets that are prize-bearing tickets or the prize that each ticket bears .
2: Section 4(1) apply distribute EFTPOS device gambling assets .
3: The definition of class 4 venue section 4(1) conduct operate
4: The definition of gaming machine section 4(1)
a: means a device, whether totally or partly mechanically or electronically operated, that—
i: is adapted or designed and constructed for gambling; and
ii: is played or confers a right to participate, whether totally or partly, by the insertion of money into it or by the direct or indirect payment of money by any other means; and .
5: Paragraph (d) of the definition of gaming machine section 4(1)
iiia: a jackpot device that links a series of gaming machines and that can only be played through those gaming machines; or .
6: Section 4(1) illegal gambling illegal gambling 17(3), or 17A(2) .
7: The definition of infringement offence section 4(1)
b: an offence prescribed as an infringement offence by regulations made under section 360 .
8: Section 4(1) instant game instant game .
9: Paragraph (b)(v) of the definition of key person section 4(1) contracted to service who services
10: Section 4(1) net proceeds net proceeds
a: the actual, reasonable, and necessary costs, levies, and taxes incurred in conducting the gambling; and
b: the actual, reasonable, and necessary costs incurred in complying with whichever of the following apply to the gambling:
i: this Act or any other relevant Act:
ii: an operator’s licence:
iii: a venue licence; and
c: the amount by which any gambling asset is depreciated in each year in accordance with generally accepted accounting practice (as defined in section 108) and, where applicable, the depreciation rates set under section 116; and
d: any loss from selling or disposing of a gambling asset at a price or value below the gambling asset's book value at the time of the sale or disposal .
11: Paragraph (a) of the definition of New Zealand lottery section 4(1) promoted by the Lotteries Commission under subpart 2 of Part 3 by means of conducted by the Lotteries Commission under subpart 2 of Part 3 that is
12: The definition of relevant offence section 4(1)
b: an offence considered by the Secretary or the Gambling Commission (as the case may be) to be relevant; or .
13: The definition of remote interactive gambling section 4(1)
a: includes—
i: gambling by a person at a distance by interaction through a communication device; or
ii: the conduct of gambling described in subparagraph (i) .
14: Paragraph (b)(i) of the definition of remote interactive gambling section 4(1) promoted conducted
15: Section 4(1) responsible gambling responsible gambling
a: that is lawful, fair, and honest; and
b: conducted—
i: in a safe and secure environment; and
ii: without pressure or devices that encourage or may encourage gambling at levels that cause or may cause harm; and
c: by informed participants who understand the nature of the activity and do not participate in ways that cause or may cause harm; and
d: conducted in a manner that is consistent with the general law of New Zealand, including being consistent with the maintenance of law and order .
16: The definition of sales promotion scheme section 4(1) restricted or prize
17: The definition of sales promotion scheme
c: the person is not required to pay direct or indirect consideration other than to purchase the goods or services promoted (except the cost, at the standard rate, incurred in submitting an entry into the promotion, for example, the cost of postage at the standard rate or sending a telecommunication by mobile telephone at the standard rate); and .
18: The definition of venue operator section 4(1) venue operator .
19: Section 4
2A: For the purposes of the definition of sales promotion scheme
a: is determined solely by a telecommunications provider or other service provider who is not associated with the sales promotion scheme; and
b: relates solely to the communication cost incurred in submitting an entry into the promotion and does not reflect cost incurred in participating in the promotion.
2B: In this Act, a reference to possibility, in relation to problem gambling or underage gambling, is a reference to risk, and vice versa.
6: New section 5 substituted
Section 5
5: Extended meaning of conduct
In this Act, conduct
a: organising, using, managing, supervising, and operating (but not playing) gambling or gambling equipment:
b: distributing the turnover of gambling (for example, by paying prizes, meeting costs, or making grants):
c: selling tickets to participate in gambling:
d: promoting gambling:
e: assisting in activities described in paragraphs (a) to (d)
7: New section 8A inserted
The following section is inserted after section 8
8A: Act binds the Crown
This Act binds the Crown.
2: Amendments to provisions relating to classes of gambling and institutions
8: What is increase in casino gambling
1: Section 12
1: Decisions on what constitutes an increase in the opportunities for casino gambling are a function of the Gambling Commission.
2: Section 12(2) Casino Control Authority, or the Gambling Commission, Gambling Commission
9: Advertising overseas gambling prohibited
Section 16(2)(e) overseas gambling
10: New section 17 substituted
Section 17
17: Regulations may restrict or prohibit prizes
1: The Governor-General may, by Order in Council, make regulations that, consistent with the purpose of this Act, restrict or prohibit any property (whether real or personal) or services being offered or used as a prize for gambling.
2: Regulations made under subsection (1)
a: specify a quantity or dollar value of any property or services that may not be offered or used as a prize for gambling:
b: specify circumstances in which—
i: any property or services may not be offered or used as a prize for gambling:
ii: a quantity or dollar value of any property or services may not be offered or used as a prize for gambling:
c: apply to all gambling or to particular games, or categories, classes, or forms of gambling.
3: Gambling that offers or uses any property or services as a prize in breach of regulations made under subsection (1)
4: In this section, property or services
11: New section 17A inserted
The following section is inserted after section 17
17A: Retail value of non-cash prize must be stated
1: A person who is conducting gambling must inform participants, at the time and place of sale of the tickets, of the retail value and characteristics of any non-cash prize offered or used as a prize for the gambling.
2: Gambling that offers or uses any non-cash prize in breach of subsection (1)
12: Secretary may categorise gambling
Section 21
1: The Secretary may, by notice in the Gazette
a: the categorisation contributes to achieving the purpose of this Act; and
b: the level of risk associated with the game, or category or class of game, or form of gambling justifies the categorisation.
13: Meaning of class 1 gambling
1: Section 22
da: there are game rules for the gambling; and .
2: Section 22(e) , and the conduct of the gambling, gambling
14: Meaning of class 2 gambling
1: Section 24
da: there are game rules for the gambling; and .
2: Section 24(e) , and the conduct of the gambling, gambling
15: Meaning of class 3 gambling
1: Section 27
ba: there are game rules for the gambling; and .
2: Section 27(c) , and the conduct of the gambling, gambling
16: New section 30 substituted
Section 30
30: Meaning of class 4 gambling
In this Act, class 4 gambling
a: the net proceeds from the gambling are applied to, or distributed for, authorised purposes; and
b: no commission is paid to, or received by, a person for conducting the gambling; and
c: there are game rules for the gambling; and
d: the gambling, and the conduct of the gambling, satisfies relevant game rules; and
e: either—
i: the Secretary has categorised the gambling as class 4 gambling and not as another class of gambling; or
ii: the gambling utilises or involves a gaming machine.
17: Status of New Zealand Racing Board and racing clubs
Section 33
1: The New Zealand Racing Board and societies that are racing clubs under the Racing Act 2003 must be treated as corporate societies—
a: for the purposes of—
i: a class 4 operator's licence or class 4 venue licence; or
ii: an application for, or the renewal or amendment of, either licence; and
b: that, for the purposes of a class 4 operator's licence or a class 4 venue licence, apply net proceeds from class 4 gambling to an authorised purpose.
1A: Despite subsection (1)(b) section 52A
18: New section 34 substituted
Section 34
34: Meaning of casino gambling
In this Act, casino gambling
a: means gambling—
i: for which there are game rules; and
ii: that satisfies those game rules; and
iii: which is conducted in accordance with those game rules; and
iv: to which both a casino venue licence and casino operator’s licence apply; but
b: does not include gambling conducted by the New Zealand Racing Board referred to in section 120.
19: Secretary must investigate applicant for class 3 operator's licence
Section 36(3) 10 7
20: Content and conditions of class 3 operator's licence
Section 38(2)(a) risks of players becoming problem gamblers the risk of problem gambling
21: New section 38A inserted
The following section is inserted after section 38
38A: Continuing obligations of class 3 operator
Every society that holds a class 3 operator’s licence must, in relation to class 3 gambling conducted by the society, ensure that at all times—
a: the purpose of that gambling is to raise money for authorised purposes; and
b: the net proceeds from that gambling are maximised and the operating costs of that gambling are minimised; and
c: the costs incurred in conducting that gambling are actual, reasonable, and necessary; and
d: the net proceeds from that gambling are applied to or distributed for authorised purposes; and
e: all applicable regulatory requirements are complied with.
22: Renewal of class 3 operator’s licence
1: Section 41(1) operates conducts
2: Section 41(5)
ab: the Secretary is not satisfied that the applicant complies with section 38A .
3: Section 41(5)(b) including the obligations set out in section 38A relevant requirements of this Act,
23: Amending class 3 operator’s licence
Section 42
5: The Secretary must refuse to amend a class 3 operator’s licence if—
a: any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 37; or
b: the Secretary is not satisfied that the applicant complies with section 38A
c: the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, including the obligations set out in section 38A
24: Suspension or cancellation of class 3 operator’s licence
1: Section 43(1)
b: the society is failing, or has failed, to comply with the obligations set out in section 38A or with any other relevant requirements, minimum standards, game rules, or licence conditions of this Act; or .
2: Section 43
3: The Secretary may exercise the power of suspension conferred by this section in respect of any breach that falls within any of paragraphs (a) to (c) of subsection (1), whether or not—
a: the breach continues at the time that the power is exercised or is proposed to be exercised:
b: a penalty is prescribed for the breach.
25: Procedure for suspending, cancelling, or refusing to amend or renew class 3 operator’s licence
1: Section 44(4)
c: the reason for the suspension.
2: Section 44
4A: Where the licence is suspended because of a continuing breach, the Secretary must notify the society of—
a: the matters to be dealt with in order for the Secretary to consider withdrawing the suspension before the end of the suspension period; and
b: the consequences of not dealing with the matters identified.
26: Application for class 4 operator’s licence
1: Section 50(2)(c)
a: by omitting risks risk
b: by inserting corporate including the
2: Section 50(2)
da: in the case of an applicant that proposes to apply some or all of its net proceeds from the class 4 gambling to an authorised purpose, information to assist the Secretary to determine whether the applicant meets the requirements of section 52A(1) .
3: Section 50(2)(e) operates mainly to distribute mainly or wholly distributes
4: Section 50(2)(f) class 4 gambling, history in gambling conducting class 4 gambling
27: Secretary must investigate applicant for class 4 operator's licence
Section 51(3) 10 7
28: Grounds for granting class 4 operator’s licence
1: Section 52(1)(g) risks risk
2: Section 52(1)(j) club that intends to operate gambling equipment on its own non-commercial premises, the New Zealand Racing Board, or a racing club class 4 venue licence application, which was not or is not required under section 65(3) or (4) to be accompanied by a class 4 venue agreement
3: Section 52(4)(a) 10 7
4: Section 52(4)(a) ; and :
iv: been a director of a company that has been placed in receivership or put into liquidation, and been involved in the events leading to the company being placed in receivership or put into liquidation:
v: been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993:
vi: been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006; and .
5: Section 52(4)
b: the financial position and credit history of the applicant and each key person; and .
29: New section 52A inserted
The following section is inserted after section 52
52A: Circumstances in which corporate society may apply net proceeds to authorised purpose
1: A corporate society may apply some or all of its net proceeds to an authorised purpose only if the Secretary is satisfied that the corporate society’s primary activity is itself an authorised purpose and the conduct of gambling by the corporate society is only incidental to that activity.
2: When considering whether subsection (1)
a: whether the corporate society can demonstrate a significant history of carrying out activities that are authorised purposes; and
b: whether the corporate society’s governing document is consistent with the corporate society having a primary objective of carrying out activities that are authorised purposes.
3: When considering whether subsection (1)
a: whether the club has, or had before merging under section 95, a significant history of operating as a club for club purposes; and
b: whether the club has substantial active membership.
30: Content and conditions of class 4 operator’s licence
1: Section 53(1) granted after the commencement of this section
2: Section 53(2)(a) risks of players becoming problem gamblers the risk of problem gambling
31: New section 53A inserted
The following section is inserted after section 53
53A: Continuing obligations of class 4 operator
Every corporate society that holds a class 4 operator’s licence must, in relation to class 4 gambling conducted by the corporate society, ensure that, at all times,—
a: the purpose of conducting that gambling is to raise money for authorised purposes; and
b: the net proceeds from that gambling are maximised and the operating costs of that gambling are minimised; and
c: the costs incurred in conducting that gambling are actual, reasonable, and necessary; and
d: the net proceeds from that gambling are applied to, or distributed for, authorised purposes; and
e: the risks of problem gambling posed by that gambling are minimised; and
f: all applicable regulatory requirements are complied with.
32: Renewal of class 4 operator’s licence
Section 56
5: The Secretary must refuse to renew a class 4 operator’s licence if—
a: any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 52; or
b: the Secretary is not satisfied that the applicant complies with section 53A
c: the Secretary is not satisfied that the applicant will comply with all applicable regulatory requirements of this Act, including the obligations set out in section 53A Gazette
33: Amending class 4 operator’s licence
Section 57
5: The Secretary must refuse to amend a class 4 operator’s licence if—
a: any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 52; or
b: the Secretary is not satisfied that the applicant complies with section 53A
c: the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, including the obligations set out in section 53A Gazette
34: Suspension or cancellation of class 4 operator’s licence
1: Section 58(1)
b: the corporate society is failing, or has failed, to comply with all relevant requirements of this Act, including the obligations set out in section 53A Gazette .
2: Section 58
3: The Secretary may exercise the power of suspension conferred by this section in respect of any breach that falls within any of paragraphs (a) to (d) of subsection (1) whether or not—
a: the breach continues at the time that the power is exercised or is proposed to be exercised:
b: a penalty is prescribed for the breach.
35: Procedure for suspending, cancelling, or refusing to amend or renew class 4 operator’s licence
1: Section 59(4)
c: the reason for the suspension.
2: Section 59
4A: Where the licence is suspended because of a continuing breach, the Secretary must notify the society of—
a: the matters to be dealt with in order for the Secretary to consider withdrawing the suspension before the end of the suspension period; and
b: the consequences of not dealing with the matters identified.
36: Application for class 4 venue licence
1: Section 65(2)(d) risks risk
2: Section 65(2)(e) class 4 gambling, history in gambling, conducting class 4 gambling,
3: Section 65(2)(k) for a class 4 venue that is not established before the commencement of this section, if the application relates to a venue for which a class 4 venue licence was not held at the time of commencement of this section,
37: Secretary must investigate applicant for class 4 venue licence
1: Section 66(4) 10 7
2: Section 66(6) or (2)
38: Grounds for granting class 4 venue licence
1: Section 67(1)(b) minimal minimised
2: Section 67(1)(l) for a class 4 venue that is not established before the commencement of this section, if the application relates to a venue for which a class 4 venue licence was not held at the time of commencement of this section,
3: Section 67(1)(m) to which section 65(3) applies that is required under section 65(3) to be accompanied by a class 4 venue agreement
4: Section 67(1)
s: the applicant is able to comply with all other applicable regulatory requirements.
39: Determining suitability for class 4 venue licence
Section 68(1)(a)
a: omitting he or she has, within the last 10 he, she, or it has, within the last 7
b: adding the following subparagraphs:
iv: been a director of a company that has been placed in receivership or put into liquidation, and been involved in the events leading to the company being placed in receivership or put into liquidation:
v: been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993:
vi: been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006: .
40: New section 69A inserted
The following section is inserted after section 69
69A: Continuing obligations of corporate society in relation to class 4 venue licence
A corporate society that holds a class 4 venue licence must, in relation to class 4 gambling conducted at the class 4 venue for which the licence is held, ensure that, at all times,—
a: the possibility of persons under 18 years old gaining access to class 4 gambling at the venue is minimised; and
b: the corporate society owns all gambling equipment (except for electronic monitoring systems) that it operates at the venue; and
c: the corporate society does not operate any gambling equipment that is financed by the manufacturer, distributor, or vendor of the equipment; and
d: all gambling equipment operated at the venue meets relevant minimum standards; and
e: the venue is not used mainly for operating gaming machines; and
f: if the New Zealand Racing Board is the licensee, the venue is used mainly for racing betting or sports betting; and
g: the risk of problem gambling is minimised.
41: Content and conditions of class 4 venue licence
1: Section 70(1) granted after the commencement of this section
2: Section 70(1)
ca: the name of the class 4 venue; and .
3: Section 70(2)(a) procedures conditions
4: Section 70(2)(c) procedures for banking conditions concerning the banking of
5: Section 70(2)
fa: conditions to minimise the possibility of problem gambling at the venue: .
6: Section 70(2)(g) procedures to encourage conditions encouraging
42: Significant changes in relation to class 4 venue licence must be notified
1: Section 71(1)
da: the venue manager changes: .
2: Section 71(1)(g) , under section 79(1)(a), surrendered
43: Renewal of class 4 venue licence
Section 72
5: The Secretary must refuse to renew a class 4 venue licence if—
a: the applicant does not hold the associated operator’s licence; or
b: any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 67; or
c: the Secretary is not satisfied that the applicant complies with section 69A
d: the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, including the obligations set out in section 69A Gazette
44: Amending class 4 venue licence
Section 73
5: The Secretary must refuse to amend a class 4 venue licence if—
a: the applicant does not hold the associated operator’s licence; or
b: any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 67; or
c: the Secretary is not satisfied that the applicant complies with section 69A
d: the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, including the obligations set out in section 69A Gazette
45: Suspension or cancellation of class 4 venue licence
1: Section 74(1)
b: the corporate society is failing, or has failed, to comply with all relevant requirements of this Act, including the obligations set out in section 69A Gazette .
2: Section 74
3: The Secretary may exercise the power of suspension conferred by this section in respect of any breach that falls within any of paragraphs (a) to (d) of subsection (1) whether or not—
a: the breach continues at the time that the power is exercised or is proposed to be exercised:
b: a penalty is prescribed for the breach.
46: Procedure for suspending, cancelling, or refusing to amend or renew class 4 venue licence
1: Section 75(4)
c: the reason for the suspension.
2: Section 75
4A: Where the licence is suspended because of a continuing breach, the Secretary must notify the society of—
a: the matters to be dealt with in order for the Secretary to consider withdrawing the suspension before the end of the suspension period; and
b: the consequences of not dealing with the matters identified.
47: Certain information must be displayed at class 4 venue
Section 82(1)(c)
a: inserting mainly or wholly are
b: repealing subparagraph (ii) and substituting the following subparagraph:
ii: the corporate society’s contact details for submitting complaints regarding the distribution of net proceeds; and .
48: Obligation on disposal of gaming machines
1: Section 83(1) or former holder holder
2: Section 83(1)
aa: the manufacturer, model, and serial number of the gaming machine and any other details necessary to identify the gaming machine with ease; and .
3: Section 83(1)(b) if relevant, the name
4: Section 83(2) or former holder holder
49: Disabling gambling equipment
Section 85(6) or a person appointed under section 88 to implement and operate the system Crown
50: Holder of class 4 operator’s licence must connect to electronic monitoring system
1: Section 86
1: The holder of a class 4 operator’s licence must connect the following gambling equipment to an electronic monitoring system specified by the Secretary in a notice to the holder:
a: all gaming machines under the holder’s control; and
b: any other gambling equipment, or classes of gambling equipment, specified by the Secretary by notice in the Gazette
2: Section 86(3)
a: to particular corporate societies or classes of corporate society: .
3: Section 86(4)
4: Section 86
6: A notice under subsection (1)(b)
51: Secretary may select monitor
Section 88
2: Despite subsection (1) subsection (1)
52: Limit on number of gaming machines for which class 4 venue licence held on 17 October 2001
Section 92(2) and (3) society corporate society
53: Limit on number of gaming machines for which class 4 venue licence granted after 17 October 2001 but before commencement
1: Section 93(2) society corporate society
2: Section 93(3) to (7)
3: Section 93(8) society corporate society
54: Ministerial discretion to permit more gaming machines if clubs merge
1: Section 95(1)(c) to which section 92 applies
2: Section 95
3: The Minister may approve an application under subsection (2) as the Minister sees fit.
3: Section 95(6)
a: omitting from paragraph (a) the previous any previous
b: repealing paragraph (b) and substituting the following paragraph:
b: a corporate society may not, within 6 months after the cancellation, submit an application for a class 4 venue licence in relation to any of the class 4 venues referred to in paragraph (a)
55: Ministerial discretion to permit more than 9 machines at certain class 4 venues
1: Section 96
3: The Minister may approve an application under subsection (2) as the Minister sees fit.
2: Section 96
5A: On the issue of a new class 4 venue licence,—
a: the Secretary must cancel any previous class 4 venue licences held by the corporate society, and there is no right of appeal against that cancellation; and
b: a corporate society may not, within 6 months after the cancellation, submit an application for a class 4 venue licence in relation to any of the class 4 venues referred to in paragraph (a)
56: New section 98 substituted
Section 98
98: When territorial authority consent required
A territorial authority consent is required in the following circumstances:
a: if a corporate society proposes to increase the number of gaming machines that may be operated at a class 4 venue (whether by way of an application for, or amendment to, a class 4 venue licence, and whether or not in association with an application for ministerial discretion under section 95 or 96):
b: if a corporate society applies for a class 4 venue licence and a class 4 venue licence has not been held by any corporate society for the venue within the last 6 months:
c: if a corporate society proposes, in accordance with a relocation policy of the territorial authority, to change the venue to which a class 4 venue licence currently applies.
57: Considering and determining application for territorial authority consent
1: Section 100(1)(a) and determine consider
2: Section 100(1)(b)(i) (but with no other condition) venue
3: Section 100
5: A territorial authority consent for a class 4 venue expires 6 months after its date of issue if no application for a class 4 venue licence in relation to the venue has been submitted.
58: Adoption and review of class 4 venue policy
Section 102(1)(a) corporate each
59: Provision of information relating to class 4 venues in territorial authority district
Section 103(a) corporate each
60: Gaming machine profits must be banked
1: Section 104
1: A venue manager must bank all gaming machine profits from class 4 gambling directly into a dedicated account for gaming machine profits specified by, and in the name of, the holder of the class 4 operator’s licence at a registered bank in New Zealand.
2: Section 104(2) The gaming machine profits must be banked The venue manager must bank the gaming machine profits
3: Section 104
3: If a venue manager contravenes subsection (1)
a: must advise the Secretary of the contravention as soon as possible after becoming aware of the contravention; and
b: must immediately—
i: take steps to disable all gaming machines at the class 4 venue and advise the Secretary of the disablement; or
ii: request the Secretary to disable all gaming machines at the class 4 venue by means of the electronic monitoring system; and
c: must not subsequently enable, or if paragraph (b)(ii) subsection (1)
4: Section 104(4) subsection (1) or (3) this section
5: Section 104
5: In this section and sections 105 and 105A gaming machine profits
61: Interest, etc, on gaming machine profits
1: Section 105
1: The holder of a class 4 operator’s licence must ensure that the interest or other investment return on the gaming machine profits referred to in section 104, plus any gain above the book value from the sale of gambling assets, is credited directly to or banked directly into (as the case may be) a dedicated account for gaming machine profits in the name of the holder of the class 4 operator’s licence at a registered bank in New Zealand.
2: Section 105(3)
62: New section 105A inserted
The following section is inserted after section 105
105A: Management of gaming machine profits bank account
1: The holder of a class 4 operator’s licence must not meet the costs of the class 4 gambling operation or apply funds to, or distribute funds for, authorised purposes except from a dedicated account for gaming machine profits referred to in section 104(1) or 105(1)
2: Unless the Secretary gives consent to some or all of the gaming machine profits, interest, investment return, and any gain above the book value from the sale of gambling assets being transferred to another bank account, the gaming machine profits, interest, investment return, and any gain above the book value from the sale of gambling assets must remain in the account for the gaming machine profits until the class 4 operator either—
a: uses the gaming machine profits, interest, investment return, and any gain above the book value from the sale of gambling assets to meet the costs of the class 4 gambling operation; or
b: applies the gaming machine profits, interest, investment return, and any gain above the book value from the sale of gambling assets to, or distributes the gaming machine profits, interest, investment return, and any gain above the book value from the sale of gambling assets for, authorised purposes.
3: A holder of a class 4 operator’s licence who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $5,000.
63: Corporate society must apply or distribute net proceeds from class 4 gambling to or for authorised purpose
1: Section 106
1A: To avoid doubt, the requirement in subsection (1) for a corporate society to apply or distribute the net proceeds from class 4 gambling is subject to the restriction in section 52A
2: Section 106(3)(b) applied or yet
64: Contents of annual report
Section 108(1) to or gambling
65: Annual review of criteria for distribution of net proceeds
Section 109 operates mainly to distribute mainly or wholly distributes
66: Publication requirements for corporate societies
1: Section 110(1) conducts class 4 gambling mainly to distribute mainly or wholly distributes
2: Section 110(3)(c) net distribution of
67: Application or distribution of net proceeds when corporate society ceases class 4 gambling
Section 111
1: A corporate society that has not operated class 4 gambling for a period of more than 4 weeks must, unless it has notified the Secretary and the Secretary has agreed that it may remain inactive for a further specified period,—
a: report to the Secretary within 20 working days of the end of that 4-week period on how and when it proposes to apply or distribute the remaining net proceeds to or for authorised purposes; and
b: promptly sell all gambling assets and apply or distribute any gain above the book value from the sale of gambling assets to or for authorised purposes; and
c: promptly apply or distribute all other remaining net proceeds from its conduct of class 4 gambling to or for authorised purposes.
1A: A corporate society that has applied or distributed net proceeds in accordance with subsection (1)(b) or (c)
a: any gain above the book value from the sale of gambling assets; and
b: the final application or distribution of net proceeds from class 4 gambling under subsection (1)
68: Key persons must not be involved in certain activities or decisions
1: Section 113 in relation to a venue in relation to a class 4 venue licence
2: Section 113(1) to which section 65(3) applies , the application for which was required under section 65(3) to be accompanied by a class 4 venue agreement,
3: Section 113(1)
c: provide, or be involved in decisions about who will provide, goods or services to the corporate society that conducts gambling at the class 4 venue; or
4: Section 113
1A: Subsection (1)(c)
a: to a person who is a key person in relation to the class 4 venue licence only because that person services gambling equipment at the class 4 venue; or
b: to the provision of services listed in the class 4 venue agreement.
69: Regulations regarding application or distribution of net proceeds from class 4 gambling
1: Section 114(1)(a) apply allocate for application, apply,
2: Section 114(1)(b) to or for authorised purposes distribution
70: New section 115A inserted
The following section is inserted after section 115
115A: Duty on grant recipients
1: A grant recipient who receives a grant of net proceeds from class 4 gambling must use the grant—
a: only for the specific authorised purpose for which it was granted; and
b: in accordance with any conditions consistent with this Act attaching to the grant.
2: A grant recipient who contravenes subsection (1)
71: Secretary may limit or exclude costs of corporate society
Section 116
1: The Secretary may, by notice in the Gazette
a: set limits on, or exclude, the costs that may be incurred by a corporate society that conducts class 4 gambling:
b: set the rates of depreciation for gambling assets acquired by a corporate society in respect of class 4 gambling.
72: Secretary may investigate and audit licensees, grant recipients, and businesses at class 4 venues
Section 117(1) , application, generation
73: Certain persons must not seek, receive, or offer benefits with conditions attached
1: Section 118
3A: Any other person involved in making decisions on grant applications made to the holder of a class 4 operator’s licence must not knowingly receive or seek money, a benefit, an advantage, a privilege, or a gift from a grant recipient (or potential grant recipient) if the receipt has a condition attached to it, and whether the receipt or condition is direct, indirect, formal, informal, or otherwise.
2: Section 118(6)(a) and (b) , benefit, advantage, privilege, or gift money
74: Suitability requirements
Section 124(2)(b)
iv: whether the applicant or person has been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993; and
v: whether the applicant or person has been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006; and .
75: Conditions of casino licence
Section 139(2)(b) purposes purpose
76: Notification of suspension and cancellation
1: Section 146
1A: The Gambling Commission may exercise the power of suspension conferred by this section in respect of any breach that falls within section 144(a) or (c) whether or not—
a: the breach continues at the time that the power is exercised or is proposed to be exercised:
b: a penalty is prescribed for the breach.
2: Section 146(2)
c: where the casino licence is suspended because of a continuing breach,—
i: the matters to be dealt with in order for the Gambling Commission to consider withdrawing the suspension before the end of the suspension period; and
ii: the consequences of not dealing with the matters identified; and .
3: Section 146(2)(e) section 148 section 235
4: Section 146(3) section 148 section 235
77: Section 148 repealed
Section 148
78: Review of associated persons by Secretary
Section 155(3) subsection (1) subsection (2)
79: Information and matters that Secretary may take into account
Section 161(1)(b) ; and
iv: whether the applicant has been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993; and
v: whether the applicant has been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006.
80: Expiry of certificate of approval
Section 164
c: 12 months after the holder of the certificate of approval ceases to be employed by, or contracted to, the holder of a casino licence—
i: to do activities to which section 158(2) applies; or
ii: to perform the services referred to in section 158(4); or
iii: as a casino employee in any class prescribed in regulations made under section 371(1)(f); or .
81: Application for suspension or cancellation of certificate of approval
Section 166(6) applicant holder of the certificate of approval
82: Obligation on disposing of gaming machine
1: The heading to section 179 disposing of gaming machine disposal of gaming machines
2: Section 179(1)
aa: the manufacturer, model, and serial number of the gaming machine and any other details necessary to identify the gaming machine with ease; and .
3: Section 179(1)(a) : ; and
4: Section 179(1)(b) if relevant, the name
83: Grounds for granting licensed promoter’s licence
1: Section 201(1) and will comply with all relevant requirements of this Act
2: Section 201
2: In determining whether an applicant is suitable for a licensed promoter's licence, the Secretary may investigate and take into account the following things:
a: whether the applicant or a key person has, within the last 7 years,—
i: been convicted of a relevant offence:
ii: held, or been a key person in relation to, a licence under this Act or previous gaming Acts that has been cancelled, or suspended, or for which an application for renewal has been refused:
iii: been placed in receivership, gone into liquidation, or been adjudged bankrupt:
iv: been a director of a company that has been placed in receivership or put into liquidation, and been involved in the events leading to the company being placed in receivership or put into liquidation:
v: been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993:
vi: been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006:
b: the profile of past compliance by the applicant and each key person with—
i: this Act, minimum standards, game rules, Gazette
ii: the Racing Act 2003 or the Racing Act 1971 (and any rules of racing made under either of those Acts); and
iii: previous gaming Acts, and regulations made under previous gaming Acts; and
iv: a licence or a site approval issued under a previous gaming Act; and
c: the financial position and credit history of the applicant and each key person.
84: New section 203A inserted
The following section is inserted after section 203
203A: Significant changes in relation to licensed promoter’s licence must be notified
1: A licensed promoter must notify the Secretary and provide details of significant changes to the information supplied in, or accompanying, an application for a licence or an amendment to or renewal of a licence.
2: Notification must occur before, or as soon as practicable after, the changes occur.
3: The powers and obligations in section 200 apply to a notification of changes as if the notification were an application for a licensed promoter’s licence.
4: The Secretary may require the licensed promoter to apply for an amendment to the licence under section 205A
85: Heading above section 205 amended
The heading above section 205 or amendment Renewal
86: Renewal of licensed promoter’s licence
Section 205(3) 200 193, 200,
87: New section 205A inserted
The following section is inserted after section 205
205A: Amending licensed promoter’s licence
1: A licensed promoter must apply to the Secretary to amend that licensed promoter’s licence if he, she, or it proposes to make any change that impacts on the licensed promoter’s ability to continue to comply with this Act or the licence.
2: An application must be on the relevant standard form.
3: The Secretary may return an incomplete application, and the accompanying documents and any fee, to an applicant.
4: Sections 200 and 201 apply to an application for amendment as if it were an application for a licensed promoter’s licence.
5: The Secretary must refuse to amend a licensed promoter’s licence if any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 201.
88: New section 225A inserted
The following section is inserted after section 225
225A: Protection of Gambling Commission and Department
1: The Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission under section 228 is not liable—
a: for any act or omission by reason only of being the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing those services; or
b: for any act or omission by him or her, in the performance or intended performance of the Gambling Commission’s functions, unless done in bad faith.
2: The Secretary may indemnify the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission under section 228 for costs incurred by him or her in a proceeding that relates to acts or omissions by him or her in good faith in the performance or intended performance of the Gambling Commission’s functions.
3: The Secretary may effect insurance for the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission under section 228 in relation to—
a: liability (other than criminal liability) for any act or omission in the performance or intended performance of the Gambling Commission’s functions; and
b: costs incurred in any proceeding relating to that liability or in any criminal proceedings.
4: In this section,—
a: references to the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission include references to a former Chief Gambling Commissioner, a former Gambling Commissioner, and a person who formerly provided services to the Gambling Commission under section 228:
b: effect insurance indemnify
89: Gambling Commission to sit in divisions
1: The heading to section 227 to may
2: Section 227
1: The Gambling Commission may, as it thinks fit, sit as a division to carry out any of its functions under section 224.
2: If the Gambling Commission decides to sit as a division, the division must consist of up to 3 members, including the Chief Gambling Commissioner or a Gambling Commissioner acting on behalf of the Chief Gambling Commissioner.
3: Section 227(4) to (6)
90: Appeals
1: Section 235(4) or the date of the High Court decision (as the case may be) decision
2: Section 235
4A: To avoid doubt, a casino licence remains in force (unless it expires or is surrendered) until all appeals are decided, or the period for appeal expires.
91: Functions of Lotteries Commission
Section 238(b) risks of problem gambling and underage gambling are risk of problem gambling and underage gambling is
92: Board of Lotteries Commission
Section 240(1) 5 members at least 2, and not more than 9, members
93: Crown entity
Section 291 is
94: Subpart 4 repealed
Subpart 4
3: Amendments to provisions relating to harm prevention and minimisation, enforcement, and other matters
95: Age restriction on instant games and similar games
Section 301(5) he or she the defendant
96: Age restriction on class 4 gambling
Section 302(5) and (6) he or she the defendant
97: Age restriction on gambling in casinos
Section 303(3) and (4) he or she the defendant
98: Requirement to develop policy for identifying problem gamblers
1: Section 308(3) The holder of a class 4 venue licence or The venue manager or the holder of a
2: Section 308
4: A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, must take all reasonable steps to ensure that the policy is used to identify actual or potential problem gamblers.
3: Section 308
6: A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, who contravenes subsection (4)
99: Exclusion order may be issued to problem gambler identified under section 308
1: Section 309(1) or she , she, or it
2: Section 309(3) and (4) , or a person acting on behalf of either of those persons, licence
100: New section 309A inserted
The following section is inserted after section 309
309A: Duty to assist problem gambler if ongoing concern exists
A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, must take all reasonable steps to assist a person including, if appropriate, issuing the person with an exclusion order under section 309(3)
a: the venue manager or the holder of the casino operator’s licence, or a person acting on behalf of either of those persons, has already approached the person and provided information or advice to the person about problem gambling under section 309(1)
b: the person has not requested that he or she be issued with an exclusion order under section 310(1)
c: the person’s ongoing gambling or other behaviour at the venue means that the venue manager or the holder of the casino operator’s licence, or a person acting on behalf of either of those persons, still has reasonable grounds to believe that the person is a problem gambler.
101: Exclusion order must be issued to self-identified problem gambler
1: Section 310(1)(a) and (b) , or a person acting on behalf of either of those persons, licence
2: Section 310(1)(b) gambling area of the entering the
3: Section 310
1A: A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, may refuse to issue an exclusion order under subsection (1) if—
a: the person requesting the order fails or refuses to comply with a request to—
i: provide the person’s name and date of birth; and
ii: either provide a recent photograph of the person or consent to a photograph of him or her being taken; or
b: the quality of the photograph referred to in paragraph (a)(ii)
4: Section 310(2) , or a person acting on behalf of either of those persons, licence
102: New section 312 substituted
Section 312
312: Offences relating to breach of exclusion order
1: Every person commits an offence who enters the gambling area of a class 4 venue or casino venue—
a: in breach of an exclusion order issued under section 309(3) or 310(1)
b: in breach of a condition of re-entry imposed under section 309(4) or 310(2)
2: Every venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, commits an offence who, after having received a request under section 310(1) section 310(1A)
3: Every venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, commits an offence who—
a: allows a person who is subject to an exclusion order under section 310(1)
b: fails to remove a person who has entered those areas—
i: in breach of an exclusion order issued under section 310(1)
ii: in breach of a condition of re-entry imposed under section 310(2)
4: It is a defence to a charge under subsection (3)
a: there were procedures in place at the venue to prevent a person subject to an exclusion order issued under section 310(1)
b: the defendant had reasonable grounds to believe that those procedures would be effective in preventing a person subject to an exclusion order issued under section 310(1)
c: despite the breach of subsection (3)
5: Every person who commits an offence—
a: against subsection (1)
b: against subsection (2) or (3)
103: New section 312A inserted
The following section is inserted after section 312
312A: Duty to keep record of excluded persons
Every holder of a class 4 venue licence or casino operator’s licence must,—
a: in relation to each person excluded from the class 4 venue or casino venue (as the case may be), keep a record of—
i: the person’s name and date of birth (if provided); and
ii: whether the person was excluded from the venue under section 309 or 310
iii: the date on which the exclusion order was issued and the date of its expiry; and
iv: any conditions imposed on the person’s re-entry to the venue; and
b: provide the person's initials and date of birth and the information referred to in paragraph (a)(ii) to (iv)
104: Regulations relating to harm prevention and minimisation
1: Section 313(1)
ba: restricting or prohibiting inducements to gamble: .
2: Section 313(1)(e) that may be conducted at a specified venue
3: Section 313(1)(e)(iii) information or frequency of
4: Section 313(1)
ea: regulating the transfer of money to a gaming machine: .
5: Section 313(1)(f) to persons about particular forms of gambling or classes of gambling
6: Section 313(1)
g: restricting or prohibiting the advertising of gambling, gambling delivery mechanisms, gambling venues, gambling prizes, or any other thing related to gambling, or prescribing codes requiring such advertising to be responsible: .
7: Section 313(1)
ha: specifying minimum standards or content for problem gambling awareness training: .
8: Section 313(1)(i)
iia: the availability of EFTPOS devices in close proximity to gambling equipment at a venue: .
9: Section 313(2)
d: to any particular games, or classes of games, or categories, classes, or forms of gambling.
105: Regulations relating to exclusion of problem gamblers
1: Section 316(1)(a)
a: prescribing 1 or more procedures to enable a venue manager, the holder of a class 4 operator’s licence or the holder of a casino operator’s licence, or a person acting on behalf of any of those persons, to identify problem gamblers (including the sources of information that must or may be considered or sought to assist in identifying problem gamblers): .
2: Section 316(2) must may
106: Process for developing integrated problem gambling strategy
Section 318(1)(e)
e: take into account any under-recovery or over-recovery of levy (gambling sector by gambling sector) in previous levy periods; and .
107: Calculating levy
1: The formula in section 320(2) ± R × C
2: Section 320(2) D
R: is the estimated under-recovery or over-recovery of levy from a sector in previous levy periods .
3: Section 320(3) calculating the levy rate under subsection (2) this section
4: Section 320(3)(a) in amount A,
5: Section 320(3)(a)(ii) section 12B of the Gaming Duties Act 1971 section 104(5)
6: Section 320(3)(b)(i) or the department responsible for the administration of this Act Department
7: Section 320(3)(c)
c: the proposed amount of C must take into account the approximate cost to Government of the integrated problem gambling strategy in the 3-year period for which the levy is payable: .
8: Section 320(3)(d)(i) or the department responsible for the administration of this Act Department
108: New section 320A inserted
After section 320
320A: Levy may be calculated for period of less than 3 years
1: Sections 319 and 320 authorise (but do not require) the calculation of the levy on the basis that—
a: it will be payable only for a period that commences part-way through the 3-year period to which it relates; but
b: it is set at a rate sufficient to recover the full cost of the integrated problem gambling strategy for the whole of that 3-year period.
2: Subsection (1)
109: Section 321 repealed
Section 321
110: Section 325 repealed
Section 325
111: New section 326A inserted
The following section is inserted after section 326
326A: Temporary operation of gambling equipment for research or evaluation purposes
1: Despite section 326, the Secretary may, by notice in the Gazette
a: the operation of the gambling equipment is primarily for research or evaluation purposes for the purpose of this Act; and
b: the methodology of the research or evaluation proposal is approved by the department responsible for the integrated problem gambling strategy; and
c: the gambling equipment used for the research or evaluation purposes is to be operated for no longer than 12 months; and
d: the operation of the gambling equipment complies with all other relevant requirements of this Act.
2: A declaration made under subsection (1)
a: the purpose of the research or evaluation; and
b: the commencement and expiry date of the research or evaluation; and
c: the name of the gambling operator who will conduct the gambling at the venue at which the research or evaluation will take place; and
d: the address and a description of the venue at which the gambling will be conducted; and
e: details of the gambling equipment that may be operated at the venue for the research or evaluation purposes; and
f: any other conditions that the Secretary thinks fit, including conditions relating to—
i: the management of the research or evaluation:
ii: the ownership of the data generated by the research or evaluation:
iii: the management of the gambling that will be conducted, including records that must be kept and reporting requirements:
iv: the need to minimise the possibility of problem gambling while conducting the research or evaluation:
v: the need to encourage responsible gambling while conducting the research or evaluation:
vi: the areas within a venue that are the only areas permitted for operating gambling equipment in conducting the research or evaluation; and
g: any other conditions consistent with this Act that the Secretary considers will promote or ensure compliance with this Act.
3: The Secretary may revoke an approval given under subsection (1)
4: The Secretary may consider a request from any person to make a declaration under subsection (1)
112: Functions of gambling inspector
1: Section 332(c) societies gambling operators
2: Section 332(d) or conducting gambling gambling
113: Power of gambling inspector to require information or documents
Section 333(2) or documents information
114: Power of gambling inspector to enter and demand information
1: Section 334(1)(b) operation conduct
2: Section 334(3)(a) or the conduct of gambling
115: Power of gambling inspector to seize equipment in public place
Section 336(6)(b) or the conduct of gambling
116: Search warrants
Section 340(4)(b) or the conduct of gambling
117: Regulations relating to infringement offences
1: Section 360(b)(i) $50,000 $5,000
2: Section 360(b)(ii) $10,000 $2,500
118: Evidence of bookmaking
Section 362(1)(b) and or
119: Information gathering
Section 365
4: For the purposes of this section, the Secretary—
a: may specify the types of information that may be required under subsection (1) or (2); and
b: may specify the manner and form in which that information must be collected and provided to the Secretary; and
c: may require that information to be provided regularly, at specified intervals or in respect of specified periods; and
d: must make any statistical information collated by the Secretary from that information available on the Department's Internet site, or in another electronic form that is easily accessible to the public, within a reasonable time after that information is collated.
120: Power to make game rules
Section 367
1: The Secretary may make rules and amend or revoke rules made—
a: for playing or participating in particular games or classes of games, or categories, classes, or forms of gambling; and
b: for the systems, processes, information, and documentation associated with particular games or classes of games, or categories, classes, or forms of gambling.
121: Regulations relating to forms of gambling and gambling equipment
1: Section 368(a) , or type of act, behaviour, or transaction transaction
2: Section 368(b) , or type of machine, device, or thing thing
122: New section 370A inserted
The following section is inserted after section 370
370A: Regulations relating to offences
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing offences in respect of the contravention of any regulation or game rule made under this Act:
b: prescribing the penalty for each offence under paragraph (a)
i: in the case of a licence holder, must not exceed $10,000:
ii: in the case of an individual, must not exceed $5,000.
123: Other regulations
1: Section 371(1)(d) class 4
2: Section 371(1)
da: specifying the time frame within which, and the accounts from which, the costs incurred in conducting gambling must be met:
db: specifying the time frame within which, and the accounts from which, funds must be applied to or distributed for authorised purposes: .
3: Section 371(2)(d) classes of game classes of games, or categories, classes, or forms of gambling
124: Consultation before regulation
Section 372(1)
a: inserting 86 21,
b: inserting 370A 370,
4: Repeals and other amendments
125: Section 373 repealed
Section 373
126: Savings
Section 376(2)
127: Schedule 6 amended
1: Schedule 6 s 104 Banking and other related requirements for gaming machine profits $2,500 s 105 Banking requirements for interest, investment return, etc, on gaming machine profits $2,500
2: Schedule 6 s 105A Management of bank accounts for gaming machine profits $2,500
3: The item relating to section 267 in Schedule 6 267 267(2)
4: The item relating to section 268 in Schedule 6 268 268(1)
128: Schedule 7 repealed
Schedule 7
129: Consequential amendments to Gaming Duties Act 1971
1: This section amends the Gaming Duties Act 1971
2: Paragraph (a) of the definition of gaming machine operator section 12B corporate society
3: Section 12B society
4: Section 12B corporate society .
5: Paragraph (b) of the definition of gaming wins section 12M authorised games casino gambling 2015-03-03 Gaming Duties Act 1971
130: Consequential amendment to Gambling (Class 4 Net Proceeds) Regulations 2004
1: This section amends the Gambling (Class 4 Net Proceeds) Regulations 2004
2: Regulation 3(1) gross proceeds gross proceeds .
3: The heading to Part 2 conducts class 4 gambling mainly to distribute mainly or wholly distribute
4: Regulation 9(1) conducts class 4 gambling mainly to distribute mainly or wholly distributes 2015-03-03 Gambling (Class 4 Net Proceeds) Regulations 2004
131: Consequential amendment to Gambling (Harm Prevention and Minimisation) Regulations 2004
1: This section amends the Gambling (Harm Prevention and Minimisation) Regulations 2004
2: Regulation 12(2)(c) risks and consequences dangers 2015-03-03 Gambling (Harm Prevention and Minimisation) Regulations 2004 Transitional provisions
132: Notices under section 116(1)(b) to have prospective effect only
A notice under section 116(1)(b) section 71
133: New definition of net proceeds to have prospective effect only
The net proceeds of a corporate society in any financial year that commenced before the commencement of this Act must be determined as if section 5(10) |
DLM6565402 | 2015 | WorkSafe New Zealand Amendment Act 2015 | 1: Title
This Act is the WorkSafe New Zealand 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 in force 4 April 2016 WorkSafe New Zealand Amendment Act 2015 Commencement Order 2016 Section 2(1) brought into force 1 December 2017 WorkSafe New Zealand Amendment Act 2015 Commencement Order 2017
3: Principal Act
This Act amends the WorkSafe New Zealand Act 2013 principal Act OIC LI 2016/12 2016-04-04 WorkSafe New Zealand Act 2013 Sections 4(1), (3), (4), and 5–8 OIC LI 2017/130 2017-12-01 WorkSafe New Zealand Act 2013 Sections 4(2), 9 & 10, Schedule
4: Section 3 amended (Interpretation)
1: In section 3 relevant health and safety legislation relevant health and safety legislation section 16 of the Health and Safety at Work Act 2015
2: In section 3 transferred employee section 11 or clause 1 of Schedule 2
3: In section 3 workplace workplace section 20 of the Health and Safety at Work Act 2015
4: In section 3 EPA PCBU section 17 of the Health and Safety at Work Act 2015 worker section 19 of the Health and Safety at Work Act 2015
5: Section 7 amended (WorkSafe New Zealand's board)
1: In section 7(2)(c) and (f) workplace work
2: In section 7(2)(e) employers PCBUs
6: Section 8 amended (Advisory groups)
In section 8(1)(a) and (b) employers, and workers on workplace PCBUs, and workers on work
7: Section 9 amended (WorkSafe New Zealand's main objective)
1: In section 9(1) contribute to a balanced framework for
2: After section 9(1)
1A: An additional objective of WorkSafe New Zealand is to promote and contribute to the safe supply and use of electricity and gas in New Zealand.
8: Section 10 amended (WorkSafe New Zealand's functions)
1: In section 10 workplace work
2: After section 10(c)
ca: publish information about—
i: its approach to enforcing compliance with relevant health and safety legislation (including where a provision of relevant health and safety legislation overlaps with a provision in another enactment); and
ii: its performance standards for completing investigations in relation to enforcing compliance with relevant health and safety legislation:
3: After section 10(e)
ea: develop safe work instruments:
4: In section 10(g) on or
5: After section 10(j)
ja: foster a co-operative and consultative relationship with the EPA when carrying out its functions, duties, and powers in respect of hazardous substances:
9: New section 21A and cross-heading inserted
After section 21 Transfer of EPA employees and contracts
21A: Transfer of EPA employees and contracts to WorkSafe New Zealand
Schedule 2
10: New Schedule 2 inserted
After the Schedule Schedule |
DLM6485530 | 2015 | KiwiSaver (HomeStart) Amendment Act 2015 | 1: Title
This Act is the KiwiSaver (HomeStart) Amendment Act 2015.
2: Commencement
This Act is treated as coming into force on 1 April 2015.
3: Principal Act
This Act KiwiSaver Act 2006 principal Act 2015-05-27 KiwiSaver Act 2006 deemed as coming into force on 1 April 2015.
4: Schedule 1 amended
In Schedule 1, replace clause 8(1)(ab) and (b)
b: the person has been a member of 1 or more KiwiSaver schemes or complying superannuation funds for a combined total period of 3 years or more. |
DLM6402702 | 2015 | Friendly Societies and Credit Unions Amendment Act 2015 | 1: Title
This Act is the Friendly Societies and Credit Unions 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 Friendly Societies and Credit Unions Act 1982 principal Act 2015-03-26 Friendly Societies and Credit Unions Act 1982
4: Section 10 repealed (Annual report)
Repeal section 10 |
DLM5655000 | 2015 | Immigration Amendment Act 2015 | 1: Title
This Act is the Immigration Amendment Act 2015.
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent, except as provided in subsections (2) (4)
2: Sections 28 64 85 109
3: Sections 4(5) and (6) 22 to 25 29(1) 35 104
4: Sections 66 71 102
a: the date or dates appointed by the Governor-General by Order in Council (and 1 or more Orders in Council may be made appointing different dates for different sections); or
b: the date that is 1 year after the date on which this Act receives the Royal assent. 2015-06-06 Immigration Act 2009 Sections 28, 85. See section 2(2). Sections 64 and 109 amend other legislation. 2015-11-06 Immigration Act 2009 Sections 4(5) & (6), 22–25, 29(1), 35, 104. See section 2(3) 2016-05-06 Immigration Act 2009 Sections 66, 71. See section 2(4). Can brought into force earlier by OIC 2015-05-07 Immigration Act 2009 All sections not brought into force by section 2(2)-(4) OIC LI 2015/273 2015-12-07 Immigration Act 2009 Section 102 Section 2(4)(a) brought into force 7 December 2015 Immigration Amendment Act 2015 Commencement Order 2015
3: Principal Act
This Act amends the Immigration Act 2009 principal Act
1: Amendments to Parts 1 to 7
1: Amendments to Part 1 (Preliminary provisions)
4: Section 4 amended (Interpretation)
1: In section 4 chief executive Director of Security, the Chief of Defence Force, the General Manager of the Aviation Security Service,
2: In section 4 deportation liability notice section 171 , and, for the purposes of serving a notice, includes a copy of the notice
3: In section 4 deportation order
ab: for the purposes of serving or executing an order described in paragraph (a), includes a copy of the order; and
4: In section 4 New Zealand and 77(4)(a) 77(4)(a), 277, 277A
5: In section 4 transit passenger
6: In section 4 transit period transit period section 401(d) section 86A
7: In section 4 New Zealand address
8: In section 4 address for service section 387 contact address section 387A
5: Section 5 amended (Notifications)
Replace section 5(3) and (4)
3: Where this Act or any regulations under this Act provide that any notice or other document must be served on a person other than the Minister or a person referred to in subsection (2), the notice or other document must be served in accordance with section 386A(2)
4: Where this Act or any regulations under this Act provide that any notice or other document must be supplied, notified, or in any other way given to a person other than the Minister or a person referred to in subsection (2), the notice or other document must be given or sent to the person in accordance with section 386A(3)
5: Subsections (1) to (4) 387B
6: Section 8 amended (Meaning of granting visa or entry permission as result of administrative error)
In section 8(1)(d) specified in regulations or
7: Section 9 amended (Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen))
After section 9(2)(b)
ba: as starting on the day after the date on which a permit granted to the person under the former Act expired or was revoked without another permit being granted under that Act; or
8: Section 10 amended (Meaning of deported)
In section 10(3)(a)(i) 175 175A
9: Section 11 amended (Meaning of absolute discretion of the decision maker)
1: After section 11(c)(i)
ia: privacy principle 6 (which relates to access to personal information and is set out in section 6 of the Privacy Act 1993) does not apply to any reasons for any decision relating to the purported application; and
2: In section 11
2: Subsection (1)(c) (ia)
2: Amendments to Part 2 (Core provisions and matters in relation to decision making)
10: Section 15 amended (Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand)
Replace section 15(3)(c)
c: was deported under this Act but is not, or is no longer, subject to a period of prohibition on entry under section 179 or 180; or
11: Section 19 amended (Duty of chief executive to communicate obligation to leave New Zealand)
In section 19(2)(c) arriving temporary
12: Section 22 amended (Immigration instructions)
In section 22(5)(b) that person or of any other person (a third party
13: New section 29A inserted (Use of automated system to confirm New Zealand citizenship)
After section 29
29A: Use of automated system to confirm New Zealand citizenship
1: An automated electronic system that applies criteria predetermined by the chief executive may be used, for the purposes of this Act, to confirm a person's status as a New Zealand citizen.
2: The automated electronic system may be used to confirm a person's status as a New Zealand citizen only if there is available at least 1 other way of confirming the person's status, and that other way involves confirmation by a person.
3: A determination made using an automated electronic system must for all purposes be treated as a determination made by a person who is authorised to make the determination under this Act.
3: Amendments to Part 3 (Visas)
14: Section 49 amended (Visas may be subject to conditions)
1: In section 49(1)(e) 54, or 55 or 54
2: After section 49(1)(e)
ea: imposed by section 55:
15: Section 55 amended (Condition that visa holder have sponsor)
After section 55(2)
2A: Where a condition under this section applies to a resident visa, the condition applies for the period, which may not exceed 10 years, specified—
a: in immigration instructions, in relation to any type of resident visa; or
b: by the Minister or an immigration officer, in relation to any particular visa.
16: Section 56 amended (Visa holder must comply with conditions)
In section 56(4) section 386 section 386A
17: Section 57 amended (Applications for visas)
Replace section 57(2) to (4)
2: The applicant must provide his or her contact address and address for service.
18: Section 58 amended (Obligation on applicant to inform of all relevant facts, including changed circumstances)
Replace section 58(5)
5: For the purposes of sections 157 and 158, an applicant is treated as having concealed relevant information if he or she fails to comply with the obligation in subsection (3).
19: Section 61 amended (Grant of visa in special case)
1: In section 61(1)(b) in force ; and
2: After section 61(1)(b)
c: is not a person in respect of whom a removal order is in force.
20: Section 64 amended (Cancellation of visa on triggering event)
1: After section 64(1)(a)
ab: on the day after the first date on which a deportation order may be served on the person under section 175A
2: After section 64(2)
3: To avoid doubt, if a person’s visa is cancelled under subsection (1)(ab)
21: Section 65 amended (Cancellation of resident visa before holder first arrives in New Zealand as holder of visa)
In section 65(2) , in writing, at the address supplied under section 57(2) in writing
22: Section 86 amended (Who must obtain transit visa)
Repeal section 86(7)
23: New section 86A inserted (Obligation of transit passenger)
After section 86
86A: Obligation of transit passenger
1: During the transit period applying to a transit passenger, the transit passenger must remain—
a: on the craft concerned; or
b: in an immigration control area; or
c: in the custody of the Police.
2: If a transit passenger fails to comply with subsection (1) section 115(1)(f)
24: Section 88 replaced (Currency and nature of transit visa)
Replace section 88
88: Currency of transit visa
A transit visa is current for the period or until the date specified in it, and may be expressed to be effective for any number of journeys to New Zealand in that period or until that date. 1987 No 74 s 14E(3)
25: Section 91 replaced (Expiry of transit period)
Replace section 91
91: Expiry of transit period
At any time before the transit period of a transit passenger expires, an immigration officer may, in his or her absolute discretion,—
a: extend the transit passenger's transit period beyond the transit period prescribed under section 401(d)
b: grant the transit passenger a visa and entry permission.
26: Section 92 amended (Expressions of interest)
Replace section 92(2) to (4)
2: A person submitting an expression of interest must provide a contact address and an address for service.
27: Section 93 amended (Obligation to inform of all relevant facts, including changed circumstances)
In section 93(6) amounts to concealment of relevant information must be treated as concealing relevant information
4: Amendments to Part 4 (Arrivals and departures)
28: Section 102 replaced (Obligations of carriers, and persons in charge, of craft to provide information)
Replace section 102
102: Obligations of carriers, and persons in charge, of craft to provide information
1: The purpose of this section is to facilitate—
a: the exercise or performance of powers, functions, or duties under this Act:
b: the prevention, detection, investigation, prosecution, and punishment of immigration offences:
c: the protection of border security.
2: A person (being a carrier, or a person in charge, of a craft) to whom section 96 applies must provide the chief executive with the information prescribed for the purposes of this subsection about every person who intended to board the craft for the purpose of travelling to New Zealand, including persons who did not in fact board the craft for any reason (including because of a decision made by the chief executive under section 97).
3: The chief executive may, in writing, exempt a person to whom section 96 applies from providing some or all of the information required under subsection (2)
4: A person granted an exemption under subsection (3) subsection (2)
5: Information required under subsection (2) (4)
a: in a form and manner approved by the chief executive; and
b: on the date, or at the time, specified by the chief executive; and
c: for the period, if any, specified by the chief executive.
6: Information provided or otherwise made available to the chief executive under this section may be retained by the chief executive for any of the purposes listed in subsection (1)
29: Section 103 amended (Obligations on persons arriving in New Zealand)
1: Replace section 103(1)(d)(iv)
iv: the person is a transit passenger who holds a transit visa or is a person to whom a transit visa waiver applies:
2: After section 103(1)(d)
da: to produce, on demand by an immigration officer, the person's passport or certificate of identity and any travel tickets held by the person:
30: Section 109 amended (Decisions on entry permission in relation to temporary entry class visa holders)
In section 109(6) Subsection (4) Subsection (5)
31: New section 109A inserted (Form of entry permission)
After section 109
109A: Form of entry permission
1: Entry permission is granted by being entered and retained in the records (whether electronic or physical) of the Department in a manner determined by the chief executive.
2: Entry permission may (but need not) be evidenced by an endorsement in a passport or certificate of identity.
3: To avoid doubt, no electronic or physical record is required to be created for entry permission that is deemed to be granted by or under this Act.
32: Section 110 amended (Applicant for entry permission to provide address)
1: In section 110 permission— permission must provide a contact address and an address for service.
2: Repeal section 110(a) to (c)
33: Section 111 replaced (Applicant for entry permission to allow collection of biometric information)
Replace section 111
111: Collection of biometric information
1: An immigration officer may require a person who applies for entry permission (irrespective of whether the application is still being considered, or whether entry permission has been granted or refused) to provide biometric information—
a: at any time before the person leaves the immigration control area, designated place, or prescribed place at which the application is made; and
b: if the application is not made in New Zealand, at any time before the person leaves the immigration control area or prescribed place at which he or she arrives in New Zealand.
2: If a person refuses to allow the biometric information to be collected, the Minister or an immigration officer may—
a: refuse to grant entry permission; or
b: revoke any entry permission already granted.
3: Entry permission may be revoked at any time before the person leaves the immigration control area, designated place, or prescribed place.
4: A revocation under this section is made by entry on the records of the Department, and takes effect immediately.
5: This section does not apply to persons who, in accordance with regulations made under section 400(l)
6: In this section, designated place
34: Section 112 amended (Obligation to inform of all relevant facts, including changed circumstances)
1: In section 112(5) amounts to concealment of relevant information must be treated as concealing relevant information
2: In section 112(6) decline refuse
35: Section 115 amended (Arrest, detention, and turnaround of persons)
Replace section 115(1)(f)
f: is a transit passenger who holds a transit visa or is a person to whom a transit visa waiver applies, and the transit period concerned has expired.
36: Section 118 amended (Obligations of carriers, and persons in charge, of craft)
Replace section 118(2)(a)(i)
i: who was on board the craft, or any other craft operated by the carrier, when it arrived in New Zealand and did not hold a visa permitting travel to New Zealand and who, on arrival in New Zealand, was—
A: refused a visa and entry permission; or
B: granted a visa and entry permission, but then had that entry permission revoked; or
5: Amendments to Part 5 (Refugee and protection status determinations)
37: Section 133 amended (How claim made)
Replace section 133(5)
5: A claimant must provide a refugee and protection officer with a contact address and an address for service.
38: Section 149 amended (Powers of refugee and protection officers)
In section 149(1)(d) his or her or its
6: Amendments to Part 6 (Deportation)
39: Section 154 amended (Deportation liability if person unlawfully in New Zealand)
1: In section 154(3) subsection (4) or (5)
2: After section 154(4)
5: A person is not entitled to an appeal under subsection (2) if—
a: the person is unlawfully in New Zealand following the cancellation of the person's visa under section 64(1)(ab)
b: the person has already had an opportunity (whether exercised or not) to appeal against his or her liability for deportation.
40: Section 155 amended (Deportation liability if person's visa granted in error)
After section 155(4)
5: However, subsection (4) does not apply if the person is liable for deportation under this section because the person re-entered New Zealand while he or she was subject to a period of prohibition on entry.
41: Section 157 amended (Deportation liability of temporary entry class visa holder for cause)
In section 157(5)(d) concealment of concealing
42: Section 158 amended (Deportation liability of residence class visa holder if visa or citizenship obtained or held by fraud, forgery, etc)
1: In the heading to section 158 if visa or citizenship obtained or held by due to
2: Replace section 158(1)
1: A residence class visa holder is liable for deportation if—
a: the person is convicted of an offence where it is established that—
i: any of the information provided in relation to the person's application, or purported application, for a residence class visa or entry permission was fraudulent, forged, false, or misleading, or any relevant information was concealed; or
ii: any of the information provided in relation to the person's, or any other person’s, application, or purported application, for a visa on the basis of which the residence class visa was granted was fraudulent, forged, false, or misleading, or any relevant information was concealed; or
b: the Minister determines that—
i: any of the information provided in relation to the person's application, or purported application, for a residence class visa or entry permission was fraudulent, forged, false, or misleading, or any relevant information was concealed; or
ii: any of the information provided in relation to the person's, or any other person’s, application, or purported application, for a visa on the basis of which the residence class visa was granted was fraudulent, forged, false, or misleading, or any relevant information was concealed.
1A: Subsection (1)
a: whether or not the person holding the residence class visa is the person who—
i: provided the information that is established or determined to be fraudulent, forged, false, or misleading; or
ii: concealed the relevant information that is established or determined to have been concealed; and
b: whether the visa was granted before or after this subsection came into force.
43: Section 161 amended (Deportation liability of residence class visa holder convicted of criminal offence)
1: In section 161(1)(c) visa ; or
2: After section 161(1)(c)
d: of an offence against section 350(1)(a) or 351, if the offence was committed not later than 10 years after the person first held a residence class visa, and whether that visa was granted before or after this paragraph comes into force.
3: In section 161(3) and (c) (c), and (d)
44: Section 169 amended (Effect of being liable for deportation)
After section 169(3)
3A: However, nothing in subsection (3) prevents the processing of any application referred back to the Minister or the chief executive by the Tribunal under section 188(1)(d) or (e).
45: Section 170 amended (Deportation liability notice)
Replace section 170(3)
3: If a deportation liability notice is served by way of personal service, it may be served only by an immigration officer or by another person on behalf of an immigration officer.
46: Section 171 amended (Contents of deportation liability notice)
In section 171(a) or provisions
47: Section 172 amended (Minister may cancel or suspend liability for deportation)
1: After section 172(2)
2A: The Minister may exercise his or her powers under this section whether or not the person who is liable for deportation—
a: has given good reason under section 155(2), 156(2)(b), or 157(2) why the person should not be deported; or
b: has purported to apply to the Minister for any other reason.
2: In section 172(3)(b), replace section 175(1)(e) section 175A(4)
48: Section 175 replaced (When deportation order may be served)
Replace section 175
175: Service of deportation order
1: A deportation order may be served on a person who is liable for deportation on or after the date or time specified in section 175A
2: However, a deportation order may be served on an earlier date, if requested by the person liable for deportation.
3: A deportation order may only be served by an immigration officer (or by another person on behalf of an immigration officer) or a constable.
4: A deportation order may only be served on a person outside New Zealand if the person still holds a visa.
175A: Time when deportation order may be served
1: Where a person has a right to give good reason why deportation should not proceed, the first day on which a deportation order may be served on the person is,—
a: if the person does not provide submissions as to good reason why deportation should not proceed, the day that is 15 days after the date of service of a deportation liability notice on the person; or
b: if the person provides submissions as to good reason why deportation should not proceed, and the person to whom the submissions are provided determines that deportation should continue, the day after the person is notified of that determination.
2: Where a person has a right to appeal under this Act against liability for deportation, the first day on which a deportation order may be served on the person is—
a: the day after the expiry of the period for lodging an appeal, if the person has not lodged an appeal:
b: where the person has lodged an appeal to the Tribunal,—
i: if the appeal is withdrawn, the day after the withdrawal:
ii: if the liability for deportation is upheld, the day that is 28 days after the Tribunal determines the appeal (but subject to paragraph (c)
c: where the person has applied under section 245 for leave to appeal to the High Court,—
i: if the application for leave is withdrawn, the day after the withdrawal:
ii: if the High Court refuses leave to appeal, on the day after the expiry of the period for lodging an application for leave to the Court of Appeal in accordance with the rules of the Court of Appeal (but subject to subparagraph (iii)
iii: if the person applies to the Court of Appeal for leave and leave is refused, the day after the person is notified of the Court of Appeal’s refusal:
iv: if the application for leave is granted but the appeal is withdrawn, the day after the withdrawal:
v: if the application for leave is granted and the person’s liability for deportation is upheld, the day after the person is notified of the determination of the appeal.
3: Where a person has both a right to give good reason why deportation should not proceed and a right to appeal under this Act against liability for deportation, the first day on which a deportation order may be served on the person is the later of—
a: the first day on which the deportation order may be served under subsection (1)
b: the first day on which a deportation order may be served under subsection (2)
4: Where a person has breached the conditions stated in a notice or order suspending his or her liability for deportation under section 172(2) or 212(1), the first day on which a deportation order may be served on the person is the later of—
a: the day that is 28 days after service of a deportation liability notice on the person under section 172(3) or 212(3)(a), as the case may be; and
b: any applicable day determined under subsection (2)
5: A deportation order may be served immediately on a person in the following circumstances:
a: where the person has been served with a deportation liability notice and the person does not have—
i: a right to give good reason why deportation should not proceed; or
ii: a right of appeal against liability for deportation:
b: where an Order in Council under section 163 has been made in respect of the person:
c: where the person—
i: was unlawfully in New Zealand before 2 am on 29 November 2010; and
ii: continues to be unlawfully in New Zealand under this Act; and
iii: has no right of appeal under this Act against liability for deportation:
d: where the person was the holder of a limited visa that has expired (unless that person has been served with a deportation liability notice under paragraph (a) paragraph (a)
6: In this section, a right to give good reason why deportation should not proceed
49: Section 176 amended (Content of deportation order)
1: Replace section 176(1)(b)
b: that any visa held by the person has been, or will be, cancelled in accordance with section 64(1)(ab)
2: Replace section 176(1)(g)
g: that the person is required to repay the actual or (if an estimate of costs is specified in the deportation order) the estimated costs of deportation.
50: Section 177 amended (Deportation order may be cancelled)
After section 177(4)(a)
ab: privacy principle 6 (which relates to access to personal information and is set out in section 6 of the Privacy Act 1993) does not apply to any reasons for any decision relating to the purported application; and
51: Section 179 amended (Deported person may not enter New Zealand during period of prohibition on entry)
1: In section 179(1) (convicted of gaining residence class visa by fraud, forgery, etc) (fraud, forgery, etc, in relation to an application)
2: Replace section 179(2)
2: A person who is liable for deportation is not subject to any period of prohibition on entry if the person—
a: is liable for deportation only on the grounds that the person is unlawfully in New Zealand; and
b: leaves New Zealand voluntarily before he or she is served with a deportation order.
3: For the purposes of subsection (1), the relevant provision for determining why the person was deported is—
a: the provision under which the person became liable for deportation, as stated in the last deportation order served on the person; or
b: if no deportation order was served on the person, the provision under which liability for deportation arose, as stated in the last deportation liability notice served on the person.
7: Amendments to Part 7 (Appeals, reviews, and other proceedings)
52: Section 187 amended (Rights of appeal in relation to decisions concerning residence class visas)
Repeal section 187(6) and (7)
53: Section 194 amended (Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims))
1: In section 194(1)(e) on a ground under section 145(b) under section 145
2: In section 194(6)(a) (however, the person may lodge a humanitarian appeal subsequently if his or her claim for recognition is declined)
3: After section 194(6)
6A: If the Tribunal dispenses (under subsection (6)(a)) with the consideration of a person's humanitarian appeal lodged at the same time as an appeal under subsection (1)(a) or (b), the person may subsequently lodge a humanitarian appeal only if it is lodged, as required by subsection (6), at the same time as an appeal under subsection (1)(c).
54: Section 196 amended (Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement)
1: In section 196(2) uphold or reverse the decision of the refugee and protection officer dismiss or allow the appeal
2: In section 196(3) reverses the decision allows the appeal
3: In section 196(3)(b) decision appeal
55: Section 197 amended (Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee)
1: In section 197(3) uphold or reverse the decision of the refugee and protection officer dismiss or allow the appeal
2: In section 197(4) reverses the decision allows the appeal
3: In section 197(4)(b) decision appeal
56: Section 198 amended (Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition)
1: In section 198(1) section 194(1)(c) or (d) section 194(1)(c), (d), or (e)
2: Replace section 198(2)
2: However, if the appeal is brought under section 194(1)(e) and relates to a decision to cancel recognition on the grounds that section 145(b)(i) or (iii) (or both) apply, the Tribunal must—
a: determine the matter de novo; and
b: determine whether either or both of the following apply:
i: recognition of the person as a refugee or a protected person may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information:
ii: the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and
c: if it finds that either or both of the matters under paragraph (b)
d: if it does not find that either of the matters described in paragraph (b)
3: In section 198(3) uphold or reverse the decision of the refugee and protection officer dismiss or allow the appeal
4: In section 198(4) reverses a decision allows an appeal
5: In section 198
57: Section 202 amended (Grounds for determining appeal on facts)
Replace section 202(c)
c: in the case of an appellant liable for deportation under section 158(1)(b)(i)
ca: in the case of an appellant liable for deportation under section 158(1)(b)(ii)
58: Section 206 amended (Who may appeal to Tribunal on humanitarian grounds)
1: In section 206(2)(b) section 210(2) section 115, 154(5)
2: In section 206(2)(c) section 163 ; or
3: After section 206(2)(c)
d: if he or she holds a limited visa and is liable for deportation under section 155, 156, or 157; or
e: if the person is liable for deportation under section 155 because he or she re-entered New Zealand while subject to a period of prohibition on entry.
59: New section 224A inserted (Annual report on performance of Tribunal's functions)
After section 224
224A: Annual report on performance of Tribunal's functions
1: The chair of the Tribunal must, in each year, provide a report to the Minister of Justice, the Minister of Immigration, and the Minister for Courts on the performance of the Tribunal's functions under this Act in respect of the financial year ending in that year.
2: The report must include details of both the number of determinations and the nature of the determinations made by the Tribunal in the period to which the report relates.
3: The Minister of Justice must present a copy of the report to the House of Representatives as soon as practicable after it is provided to that Minister.
60: Section 225 amended (How appeal or matter lodged)
1: Replace section 225(2)(a)
a: provide the Tribunal with a contact address and an address for service; and
2: In section 225(2)(b) any either
3: Repeal section 225(3) and (4)
61: Section 245 amended (Appeal to High Court on point of law by leave)
1: After section 245(1)
1A: A decision by the Court of Appeal to refuse leave to appeal to the High Court is final.
2: In section 245(2) Every appeal under this section must be brought An application to the High Court under this section for leave to appeal must be made
62: Section 247 amended (Special provisions relating to judicial review)
Replace section 247(1) and (2)
1: Any review proceedings in respect of a statutory power of decision arising out of or under this Act must be commenced not later than 28 days after the date on which the person concerned is notified of the decision, unless—
a: the High Court decides that, by reason of special circumstances, further time should be allowed; or
b: leave is required, under section 249(3) section 249(4)
63: Section 249 replaced (Restriction on review)
Replace section 249
249: Restriction on judicial review of matters within Tribunal’s jurisdiction
1: No review proceedings may be brought in any court in respect of a decision where the decision (or the effect of the decision) may be subject to an appeal to the Tribunal under this Act unless an appeal is made and the Tribunal issues final determinations on all aspects of the appeal.
2: No review proceedings may be brought in any court in respect of any matter before the Tribunal unless the Tribunal has issued final determinations in respect of the matter.
3: Review proceedings may then only be brought in respect of a decision or matter described in subsection (1) (2)
4: An application to the High Court for leave to bring review proceedings must be made—
a: not later than 28 days after the date on which the Tribunal’s determination in respect of the decision or matter to which the review proceedings relate is notified to the person bringing the proceedings; or
b: within such further time as the High Court may allow on application made before the expiry of that 28-day period.
5: A decision by the Court of Appeal to refuse leave to bring review proceedings in the High Court is final.
6: In determining whether to grant leave for the purposes of this section, the court to which the application for leave is made must have regard to—
a: whether review proceedings would involve issues that could not be adequately dealt with in an appeal against the final determination of the Tribunal; and
b: if paragraph (a)
7: A court that grants leave under subsection (3)
8: Nothing in this section limits any other provision of this Act that affects or restricts the ability to bring review proceedings.
249A: Applications for appeal and judicial review of Tribunal decision to be lodged together
1: This section applies if a person intends to both appeal against a determination of the Tribunal under this Act and bring review proceedings in respect of that same decision.
2: The person must—
a: lodge the application for leave to appeal and the application for leave to bring review proceedings together; and
b: if both applications for leave are granted, lodge the application for appeal and the application for judicial review together.
3: The High Court must, unless it considers it impracticable in the particular circumstances of the case to do so,—
a: endeavour to determine both applications for leave together; and
b: if both applications for leave are granted, endeavour to hear the appeal and the review proceedings together.
249B: Appeal to Court of Appeal against judicial review of matters within Tribunal’s jurisdiction
1: This section applies in respect of judicial review proceedings for which leave was granted under section 249(3)
2: Any party to the proceedings who is dissatisfied with any determination of the High Court in the proceedings may, with the leave of the High Court (or, if the High Court refuses leave, with the leave of the Court of Appeal), appeal to the Court of Appeal. Section 66 of the Judicature Act 1908 applies to any such appeal.
3: In determining whether to grant leave to appeal under this section, the court to which the application for leave is made must have regard to whether the issue involved in the appeal is one that, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for its decision.
8: Amendment to related enactment
64: Amendment to Immigration (Carriers' Information Obligations) Regulations 2010
1: This section amends the Immigration (Carriers' Information Obligations) Regulations 2010
2: Replace regulation 6(1)
1: For the purposes of section 102(2) (4) 2015-06-06 Immigration (Carriers' Information Obligations) Regulations 2010 Section 64 commencement. See section 2(2).
2: Amendments to Parts 8 to 11
1: Amendments to Part 8 (Compliance and information)
65: Section 277 amended (Powers of entry and inspection relating to records of employers)
1: In section 277(1)(b) employer's obligations (which, to avoid doubt, includes the obligation not to commit an offence)
2: After section 277(1)(c)
d: determining whether a person who is working for an employer in New Zealand is entitled to work in New Zealand.
3: In section 277(2)(a) business
4: After section 277(4)
5: In this section, premises
66: New sections 277A to 277C inserted
After section 277
277A: Powers of entry and search for employees on employers’ premises
1: In this section,— premises specified employee specified person
a: is not entitled under this Act to work in New Zealand; or
b: is not complying with 1 or more work-related conditions of his or her visa.
2: An immigration officer may, for any purpose listed in section 277(1), exercise any 1 or more of the powers in subsection (3)
a: that are owned, occupied, or used by an employer; and
b: at which the officer believes on reasonable grounds that work is being done.
3: An immigration officer may—
a: enter any part of the premises; and
b: search for any specified person or specified employee at the premises; and
c: require any specified person at the premises to answer questions put by the immigration officer in order to ascertain—
i: whether the person is entitled to work in New Zealand; and
ii: whether the person is complying with the work-related conditions of his or her visa (if any); and
d: require any specified person at the premises to produce for inspection—
i: any documentary or other evidence of the person's identity; and
ii: the person's passport or certificate of identity (whether or not it also relates to any other person); and
e: require anyone at the premises who has access to copying facilities to provide copies of any documents or things provided under paragraph (d)
f: require any specified employee at the premises to answer questions put by the immigration officer in order to ascertain whether the specified employee's employer is complying with the employer's obligations under this Act.
4: An immigration officer may retain any original documents or things produced under subsection (3)(d) subsection (3)(e)
5: The powers in subsection (3)
6: Any original documents or things produced under this section may be retained and used by an immigration officer until the immigration officer has determined whether the person to whom they relate is liable for deportation or turnaround, and then,—
a: if the person is liable for deportation or turnaround, or becomes liable for deportation following the exercise of the immigration officer's powers under this section, the documents or things may be retained and used by the Crown toward effecting the person's deportation or departure from New Zealand; or
b: if the person is not liable for deportation or turnaround, and does not become liable for deportation following the exercise of the immigration officer's powers under this section, the documents or things must be returned to the person as soon as possible.
277B: Department must review and report on entry and search powers under section 277A
1: The Department must, not later than 3 years after the commencement of section 277A
a: review the exercise by immigration officers of the entry and search powers conferred by section 277A(3)(a) and (b)
b: prepare a report on the review for the Minister.
2: The report must include recommendations to the Minister on whether any amendments to the Act concerning the powers under section 277A(3)(a) or (b)
3: As soon as practicable after receiving the report, the Minister must present a copy of the report to the House of Representatives.
277C: Departmental annual report to record exercise of entry and search powers under section 277A
1: The chief executive must include in every annual report prepared by the chief executive for the purposes of section 43
a: the number of occasions during the period covered by the report on which immigration officers exercised the powers conferred by section 277A(3)(a) or (b)
b: the number of persons charged during the period covered by the report with an offence under section 350 or 351 section 277A(3)(a) or (b)
2: To avoid doubt, this section does not require the chief executive to include in any annual report information about an entry or a search undertaken by consent.
67: New section 279A inserted (Treatment of identity documents and other things)
After section 279
279A: Treatment of identity documents and other things
1: In this section and sections 280 to 281B identity document
a: documentary or other evidence of the person’s identity:
b: any passport or certificate of identity relating or purporting to relate to the person, whether or not it also relates to any other person:
c: any passport or certificate of identity relating to a dependent child of the person (but only in circumstances where there is good cause to suspect that the child is liable for deportation or turnaround).
2: Any identity documents or things surrendered or obtained under sections 280 to 281B
3: To the extent that any identity documents or things surrendered or obtained under sections 280 to 281B
a: on the person's departure from New Zealand or on the person being granted a visa and entry permission; or
b: when the person's liability for deportation is cancelled or suspended, or ceases for any reason.
68: Section 280 amended (Power of immigration officer to request information and documents where liability for deportation or turnaround suspected)
Replace section 280(1)
1: If an immigration officer has good cause to suspect that a person is liable for deportation or turnaround, the officer may, for the purpose of establishing whether that is the case, request the person to do 1 or more of the following things:
a: supply the person's full name (or names, if the person is known by more than 1 name), date of birth, country of birth, nationality, and residential address:
b: produce any identity documents for inspection:
c: surrender any identity document produced under paragraph (b)
d: if the person does not currently have in his or her possession an identity document requested by the officer, give details to the officer of where it can be found or who is holding it.
69: Section 281 replaced (Powers on deportation or turnaround)
Replace section 281
281: Power to require information from person liable for deportation or turnaround
Where a person is liable for deportation or turnaround, an immigration officer may require the person to—
a: do any of the things in section 280(1)
b: produce and surrender any travel tickets, or cash or security in lieu of travel tickets, held by the person.
281A: Obligation of third parties to surrender identity documents
1: A person ( person A person B
a: person B—
i: has failed to produce or surrender the identity document when required to do so under section 280 or 281
ii: has told an immigration officer where the identity document may be found or who is holding it; and
b: the immigration officer has good cause to suspect that person A is in possession of the identity document; and
c: the immigration officer gives person A a certificate in the prescribed form that requires person A to surrender the identity document.
2: No action lies against person A in any court if, pursuant to a requirement or purported requirement under this section by an immigration officer, person A surrenders an identity document relating to person B to the immigration officer.
281B: Power of entry and search for identity documents
1: An authorised immigration officer may, in order to facilitate the deportation or turnaround of a person, exercise the powers in subsection (2)
a: the person is liable for deportation or turnaround; and
b: the person has refused a requirement under section 281
c: the immigration officer has reasonable grounds to believe that the identity document is at the place to be entered and searched; and
d: the place proposed to be entered and searched is—
i: the place (which may include a vehicle) where the person is currently located; or
ii: the person's abode; or
iii: any premises or vehicle owned by, or under the control of, the person.
2: An immigration officer may at any reasonable time, without a warrant or any other authority than this section, do either or both of the following:
a: enter and search a place referred to in subsection (1)(d)
b: seize any identity document that a person has been required to produce or surrender and that is found at the place.
3: However, an immigration officer must not exercise any power under this section until on or after the date on which section 285A
70: Section 285 amended (Power of entry and search at border place)
1: In section 285(2) has good cause to believe that
2: Replace section 285(2)(a) and (b)
a: has good cause to suspect that an offence against this Act is likely to be, or is being, committed; or
b: believes on reasonable grounds that a person to whom subsection (1)(b) applies is in the place.
71: New section 285A inserted (Search of persons)
After section 285
285A: Search of persons
1: An immigration officer may search a person who arrives in New Zealand from another country if—
a: the immigration officer has demanded, under section 103(1)(da)
b: the person has failed to comply with that demand; and
c: the immigration officer believes on reasonable grounds that the person is not a New Zealand citizen; and
d: the immigration officer has reasonable cause to suspect that some or all of the required documents are hidden on or about the person or in any baggage under the immediate control of the person.
2: A search under this section may include a rub-down search (as defined in the Search and Surveillance Act 2012), a search of the person, or both.
3: If, as a result of a search under this section, the person's passport or certificate of identity or any travel tickets are found,—
a: the documents may be retained by the immigration officer for the purpose of administering this Act (unless the person is found to be a New Zealand citizen or a person who has a visa and entry permission); and
b: the documents must be returned to the person—
i: if the person is granted a visa and entry permission; or
ii: on the person's departure from New Zealand.
4: Sections 123 to 126 and subpart 7 of Part 4 of the Search and Surveillance Act 2012 apply in respect of any immigration officer exercising a power under this section, and, if the search is a rub-down search, sections 85 to 87 of that Act also apply.
72: Section 286 amended (Powers of entry and search relating to deportation)
1: In section 286 or executing a deportation order , deportation order, or removal order, or executing a deportation order or removal order
2: In section 286(b) or execute the deportation order or order, or execute the deportation order or removal order
73: Sections 287 to 290 replaced
Replace sections 287 to 290
287: Special biometric information
For the purposes of sections 288 to 290A special biometric information
a: the person's palm-prints:
b: the person's footprints:
c: measurements of the whole person:
d: photographs of the whole person.
288: Requirement to allow collection of biometric information and special biometric information
1: If a person is liable for deportation or turnaround, an immigration officer may require the person to allow biometric information, special biometric information, or both to be collected from him or her.
2: An immigration officer may require a person to allow biometric information to be collected from him or her if the immigration officer has good cause to suspect any of the following matters, and the immigration officer requires the biometric information in order to determine any of those matters:
a: that the person is liable for deportation or turnaround:
b: that the person is not complying with, or is materially breaching, the conditions of the person's visa:
c: that the person is undertaking work or a course of study but is not entitled to undertake that work or study under this Act:
d: that the person has obtained a visa under a fraudulent identity.
3: Any biometric information or special biometric information obtained from a person under subsection (1) section 290 section 289(1)
289: Application for order authorising collection of biometric information
1: An immigration officer may apply, in writing and on oath, to a District Court Judge for a compulsion order in any case where a person has refused to allow biometric information, special biometric information, or both to be collected from him or her in response to a requirement by an immigration officer under section 288(1)
a: the facts relied on to show that the person is liable for deportation or turnaround; and
b: evidence that the person has refused to allow biometric information or special biometric information to be collected from him or her in accordance with a requirement under section 288(1)
c: if special biometric information was required, the facts relied on for believing that any of the things referred to in section 287
2: An immigration officer may apply, in writing and on oath, to a District Court Judge for a compulsion order in any case where a person has refused to allow biometric information to be collected from him or her in response to a requirement by an immigration officer under section 288(2)
a: the facts relied on to show that there is good cause to suspect that any matter in section 288(2)
b: evidence that the person has refused to allow biometric information to be collected from him or her in accordance with a requirement under section 288(2)
c: the reasons why it is considered necessary to obtain a compulsion order in relation to the person, including the facts relied on to show that there are reasonable grounds to believe that biometric information collected from the person would tend to confirm whether or not any matter in section 288(2)
3: For the purposes of subsection (1)(a)
4: If an application is made under this section,—
a: an immigration officer must serve a copy of the application on the respondent; and
b: both the immigration officer and the respondent may appear and may offer evidence at the hearing of the application.
5: In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be otherwise admissible in a court of law.
290: Judge may authorise biometric information and special biometric information to be collected
1: On the hearing of an application for a compulsion order, a District Court Judge may make a compulsion order requiring the respondent to allow specified biometric information, special biometric information, or both to be collected from him or her if the Judge is satisfied that,—
a: in the case of an application relating to a refusal of a requirement under section 288(1)
i: the respondent is liable for deportation or turnaround; and
ii: the respondent has refused to allow the biometric information, special biometric information, or both to be collected from him or her following a requirement under section 288(1)
iii: if special biometric information was required, there are reasonable grounds to believe that any of the things referred to in section 287
iv: in all the circumstances, it is reasonable to make the order:
b: in the case of an application relating to a refusal of a requirement under section 288(2)
i: there is good cause to suspect that any matter in section 288(2)
ii: there are reasonable grounds to believe that biometric information collected from the respondent would tend to confirm or disprove that any matter in section 288(2)
iii: the respondent has refused to allow biometric information to be collected from him or her following a requirement under section 288(2)
iv: in all the circumstances, it is reasonable to make the order.
2: In considering whether to make a compulsion order, the Judge must have regard to any matter the Judge considers relevant, including—
a: any reasons given by the respondent for opposing the making of the order; and
b: in relation to an application under section 289(1) section 287
c: in relation to an application under section 289(2)
3: A person served with a compulsion order must allow the biometric information or special biometric information specified in the order to be collected from him or her.
290A: Obtaining biometric information by compulsion
1: If, after a compulsion order is served on a person, the person refuses to allow the biometric information or special biometric information specified in the order (the required biometric information
a: arrest the person; and
b: remove the person to, and detain him or her in, a suitable place where the required biometric information can be collected; and
c: collect, as soon as practicable, the required biometric information from the person, by force if necessary.
2: If force is used under subsection (1)(c)
3: The person must be released from detention as soon as the required biometric information has been collected, unless the person's continued detention is authorised under any other provision of this or any other Act.
74: Section 293 amended (Police to have powers of immigration officers)
In section 293, after 292 and 293A
75: Section 293A replaced (Immigration officer may apply for search warrant)
Replace section 293A
293A: Warrant to enter and search
1: An immigration officer may apply for a search warrant to search any place or thing.
2: The application must be made, in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, to an issuing officer (within the meaning of section 3(1) of that Act).
3: An issuing officer may issue a search warrant to an immigration officer if the issuing officer is satisfied that there are reasonable grounds—
a: to suspect that any relevant offence specified in the application has been committed, is being committed, or will be committed; and
b: to believe that the search will find evidential material in respect of the offence in or on the place or thing specified in the application.
4: In this section, relevant offence
a: this Act or any regulations made under it; or
b: the former Act or any regulations made under it; or
c: any other enactment, if the offence relates directly to matters concerning immigration.
5: The provisions of Part 4 of the Search and Surveillance Act 2012 apply, except that sections 118 and 119 apply only if the warrant is executed (as provided for in section 293 of this Act) by a constable.
76: Section 298 amended (Information matching to verify social security benefit matters)
In section 298(4)(g) (whether under this Act or the former Act) or removed under the former Act
2: Amendments to Part 9 (Detention and monitoring)
77: Section 317 amended (Decision on application for warrant of commitment)
In section 317(5)(d)(i) deportation order or with a removal order under the former Act
78: Section 328 amended (Additional powers relating to detention by immigration officer)
Replace section 328(2) to (5)
2: By virtue of section 82 of the Search and Surveillance Act 2012, sections 85 to 87 of that Act (about rub-down searches) apply to this section, and by virtue of section 89(1)(e) of that Act, Part 4 of that Act (and in particular sections 124 to 126 (about searches of the person)) also applies.
79: Section 329 amended (Arresting or detaining officer may seek assistance)
1: In section 329(3) justified (as defined in section 2(1) of the Crimes Act 1961)
2: In section 329(3) arrest or detention
80: Section 331 amended (Form of custody of persons detained without warrant overnight)
1: In section 331(a) 18 years of age who is not married or in a civil union
2: In section 331(a)(ii) if the person is not married or in a civil union,
81: Section 332 amended (Form of custody of persons detained under warrant of commitment)
1: In section 332(a) 18 years of age who is not married or in a civil union
2: In section 332(a)(ii) if the person is not married or in a civil union,
82: Section 339 amended (During epidemic certain warrants and extensions to have effect for 28 days)
1: In the heading to section 339 and extensions
2: In section 339
3: Amendments to Part 10 (Offences, penalties, and proceedings)
83: Section 343 amended (Aiding and abetting)
Replace section 343(3)(c) to (e)
c: arrives in New Zealand as the holder of a visa, or is granted a visa on arrival in New Zealand, but—
i: the visa was or is granted in a false identity; or
ii: any of the information provided in relation to the person's application for the visa was fraudulent, forged, false, or misleading, or relevant information was concealed; or
d: is granted entry permission but—
i: the entry permission was or is granted on the basis of a visa granted in a false identity; or
ii: any of the information provided in relation to the person's application for the entry permission was fraudulent, forged, false, or misleading, or relevant information was concealed; or
84: Section 344 amended (Obstruction or failing to meet requirements)
Replace section 344(c)
c: fails to remain in an immigration control area or other prescribed place when required to do so, or to follow an immigration officer's instructions while in an immigration control area or other prescribed place; or
85: Section 349 amended (Offences relating to carriers, and persons in charge, of craft)
Replace section 349(1)(d) and (e)
d: fails without reasonable excuse to comply with any of the carrier’s or the person’s obligations under section 102(2) (4) (5)
86: Section 351 amended (Exploitation of persons not legally entitled to work)
1: In the heading to section 351 persons not legally entitled to work unlawful employees and temporary workers
2: In section 351(1) unlawful employee or temporary worker
3: In section 351(1) the employee or worker
4: Replace section 351(7)
7: For the purposes of this section, an employer is treated as knowing—
a: that an employee is not entitled under this Act to do any particular work if, at any time in the preceding 12 months (whether before or after the commencement of this subsection) the employer has been informed of that fact in writing by an immigration officer; and
b: that a worker holds a temporary entry class visa if, at any time in the preceding 12 months (whether before or after the commencement of this subsection) the employer has been informed of that fact in writing by an immigration officer.
5: Replace section 351(8)
8: In this section, in relation to an employer,— temporary worker
a: who the employer knows holds a temporary entry class visa; or
b: who holds a temporary entry class visa and in respect of whom the employer is reckless as to whether or not the person holds a temporary entry class visa unlawful employee
a: the employer knows, under this Act, the person is not entitled to undertake; or
b: the person is, under this Act, not entitled to undertake and in respect of which the employer is reckless as to whether or not the person is entitled to undertake the work.
87: Section 355 amended (Penalties: general)
Replace section 355(5)
5: A person convicted of an offence against this Act, or against any regulations made under this Act, for which no specific penalty is provided in the Act or regulations is liable to a fine not exceeding $5,000.
88: Section 357 amended (Penalties: employers)
Replace section 357(3)
3: A person convicted of an offence against section 351(1) is liable to imprisonment for a term not exceeding 7 years, a fine not exceeding $100,000, or both, if the offence relates to—
a: a temporary worker within the meaning of paragraph (a) section 351(8)
b: an unlawful employee within the meaning of paragraph (a) section 351(8)
4: A person convicted of an offence against section 351(1) is liable to imprisonment for a term not exceeding 5 years, a fine not exceeding $100,000, or both, if the offence relates to—
a: a temporary worker within the meaning of paragraph (b) section 351(8)
b: an unlawful employee within the meaning of paragraph (b) section 351(8)
89: Section 361 amended (Immigration officer may require information)
After section 361(e)
f: an electronic address for service for the carrier:
g: an electronic address for service for the person in charge of the craft.
90: Section 362 amended (Infringement notices)
Replace section 362(3) and (4)
3: Every infringement notice must be served on the carrier, or person in charge, of the craft who appears to have committed the infringement offence.
91: Section 365 amended (Revocation of infringement notices)
In section 365 by written notice to the person to whom the notice was issued by written notice served on the person to whom the infringement notice was issued
92: New section 365A inserted (Service of notices)
After section 365
365A: Service of notices
1: This section applies to the following notices:
a: an infringement notice served under section 362:
b: a reminder notice referred to in section 363:
c: a notice served under section 365 that revokes an infringement notice.
2: Every notice to which this section applies must be served by way of—
a: sending it to the electronic address for service of the recipient, in which case it is deemed to be received by the recipient on the date on which it was sent; or
b: personal service on the recipient; or
c: sending it by registered post to the recipient's last known place of residence or business, in which case it is deemed to be received by the recipient on the date on which it was posted.
3: Subsection (2)
a: if service is effected in accordance with subsection (2)
b: in any case, for the purpose of sections 387 and 389 of the Companies Act 1993, the service is deemed to have been service by way of leaving the notice at the recipient's address for service.
93: Section 366 amended (Evidence in proceedings: certificates in relation to persons)
1: After section 366(2)(13)
13A: the person was removed from New Zealand on a specified date; or
2: Replace section 366(2)(24)
24: the person did not provide, or otherwise make available, to the chief executive the information prescribed for the purposes of section 102(2)
4: Amendments to Part 11 (Miscellaneous provisions)
94: Section 381 amended (Chief executive may approve forms)
In section 381(3) appeals or matters (as defined in section 183) in the Tribunal
95: Section 386 amended (Giving notice, service of notice, etc)
1: Replace the heading to section 386 Serving and giving notices, etc, to Minister and officers
2: Repeal section 386(3) to (7)
96: New section 386A inserted (Serving and giving notices, etc, to other people)
After section 386
386A: Serving and giving notices, etc, to other people
1: This section applies where, under this Act or any regulations made under it, a notice or other document is required to be served on, or supplied, notified, or in any other way given to, a person other than a person referred to in section 386(1) or (2).
2: A notice or other document that is required to be served on a person must be in writing and must be served by—
a: personal service on the person; or
b: sending it by registered post to the person's address for service; but if the address for service is the address of a lawyer or agent, service is effected only if the lawyer or agent signs a memorandum stating that he or she accepts service of the notice or document on behalf of the person.
3: If a notice or other document is required to be supplied, notified, or in any other way given to a person, the notice or other document must be in writing and must be either given to the person personally or sent to the person's contact address, in which case,—
a: if the address is a physical address, it must be sent by registered post to that address; and
b: if the address is an electronic address, it must be sent by electronic means to that address.
4: A notice or document served or sent by registered post is deemed to be received by the person to whom it is addressed,—
a: if the address is in New Zealand, 7 days after the date on which it was sent; and
b: if the address is outside New Zealand, 14 days after the date on which it was sent.
5: A notice or other document sent to an electronic address is deemed to be received by the person to whom it is addressed 3 working days after the date on which it was sent.
6: Subsection (4)
a: he or she is—
i: the holder of a residence class visa; or
ii: a person described in section 187(1)(a) to (c); or
b: the address to which the notice or document was sent is an address outside New Zealand.
97: Section 387 replaced (New Zealand address)
Replace section 387
387: Address for service
1: A person's address for service is, unless any of subsections (2) to (4)
a: the person's physical address (whether in or outside New Zealand):
b: a physical address in New Zealand of a lawyer or other person who is acting as an agent for the person and is authorised by the person to accept service on his or her behalf.
2: If the address provided by a person as his or her address for service is known not to be an address at which service can properly be effected, and if subsections (3) and (4)
3: If a person is under 18 years of age and is not married or in a civil union, the person's address for service is,—
a: if, in the notice or other document that is being sent, the person is named as a dependent child of another person, the address for service of that other person; or
b: if a responsible adult has been determined or nominated under section 375 (or under section 141B of the former Act) to represent the person's interests, the address supplied by the responsible adult under section 375(7) (or under section 141B of the former Act).
4: If a person is detained in custody or is required under an enactment to reside at a particular address, and if subsection (3)
5: A person who has provided an address for service may at any time substitute a different address for service by giving written notice of the new address to an immigration officer, a refugee and protection officer, or the Tribunal, as the case requires.
6: Subsection (7) section 97 of the Immigration Amendment Act 2015
7: Despite subsection (1) section 97 of the Immigration Amendment Act 2015 subsections (2) to (4)
387A: Contact address
1: A person's contact address is whichever of the following addresses the person has designated as his or her contact address, unless any of subsections (2) to (4)
a: the person's postal address:
b: an electronic address for the person:
c: the postal address or electronic address of a lawyer or other person who is acting as an agent for the person.
2: If a person's designated contact address is known not to be an address at which the person can be contacted, and if subsections (3) and (4)
a: any other address referred to in subsection (1)
b: any address for the person that is obtained, after this section comes into force, as a result of the exercise by an immigration officer or constable of any of the powers under section 274, 276, 277, 278, or 280.
3: If a person is under 18 years of age and is not married or in a civil union, the person's contact address is,—
a: if, in the notice or other document that is being sent, the person is named as a dependent child of another person, the contact address of that other person; or
b: if a responsible adult has been determined or nominated under section 375 (or under section 141B of the former Act) to represent the person's interests, the address supplied by the responsible adult under section 375(7) (or under section 141B of the former Act).
4: If a person is detained in custody or is required under an enactment to reside at a particular address, and if subsection (3)
5: If a person's contact address is an electronic address, the person is deemed to have consented to receive at that address all notices or other documents required to be supplied, notified, or in any other way given to the person, but only if the person provides the address after this section comes into force.
6: A person who has designated an address as a contact address may at any time substitute a different contact address by written notice to an immigration officer, a refugee and protection officer, or the Tribunal, as the case requires.
7: Subsection (8) section 97 of the Immigration Amendment Act 2015
8: Despite subsection (1) section 97 of the Immigration Amendment Act 2015 subsections (2) to (4)
387B: Departures from sections 386A to 387A
Sections 386A to 387A
98: Section 388 amended (Designation of immigration officers)
1: In section 388(3)(b) 277, 277A
2: In section 388(3)(c) and 288 281A 281B
3: In section 388(3)(d) and 285 285, and 285A
4: Replace section 388(3)(f)
f: the power to require biometric information, special biometric information, or both under section 288
99: Section 393 amended (Fees and how they may be prescribed for purposes of section 400)
1: After section 393(1)(c)
d: the regulations may prescribe fees payable by a third party (not being an applicant for, or a holder of, a visa or entry permission) in connection with a status or approval that, under the immigration instructions, the third party requires, or wishes to obtain or keep, where that status or approval is relevant to applicants for a visa or entry permission.
2: In section 393(10) Crown Bank Account Departmental Bank Account
100: Section 394 amended (Other charges)
1: In section 394(4) Crown Bank Account Departmental Bank Account
2: In section 394(8) Crown Bank Account Departmental Bank Account
101: Section 398 amended (Costs of deportation or repatriation)
Replace section 398(4) to (6)
4: The costs incurred by the Crown in deporting or repatriating a person are recoverable as a debt due to the Crown, and those costs include (without limitation) costs incurred—
a: in locating, detaining, transporting, and maintaining the person pending his or her deportation or repatriation; and
b: in paying for travel for the person outside New Zealand.
5: The costs recoverable by the Crown may be the actual costs (determined after the deportation or repatriation has been effected), or an estimate of those costs determined by,—
a: in the case of deportation costs only, an immigration officer, in which case the estimate must be noted on the deportation order along with a statement requiring those costs to be paid; or
b: in the case of either deportation costs or repatriation costs, a court of competent jurisdiction, on application by the Minister or an immigration officer.
6: Where the estimated costs of deportation or repatriation are recovered from a person, if the amount recovered exceeds the actual costs of the deportation or repatriation, the excess must, on application by the person in the prescribed manner, be refunded to the person.
6A: If the person deported or repatriated is under 18 years of age and not married or in a civil union, the costs of his or her deportation or repatriation are recoverable from the person's parent or guardian.
102: Section 399 amended (Migrant levy)
1: In the heading to section 399 Migrant Immigration
2: In section 399(1) a migrant levy on persons who are granted a visa an immigration levy on applicants for a visa
3: In section 399(2)(b) immigration ; and
4: After section 399(2)(b)
c: the infrastructure required for, and the operation of, the immigration system, including (without limitation) for the following purposes:
i: establishing and verifying the identity of persons:
ii: managing risk to the integrity of the immigration system:
iii: managing immigration risk to the safety and security of New Zealand:
iv: managing compliance with the immigration system; and
d: activities aimed at attracting migrants to New Zealand; and
e: the Immigration Advisers Authority, to the extent that it is not otherwise funded.
5: Replace section 399(3)(a)
a: specify the categories or classes of applicants who are liable to pay the immigration levy:
6: In section 399(3)(c) migrant applicants
7: In section 399(3)(e) pending the grant of a visa
8: After section 399(3)
3A: The Minister may, by special direction,—
a: exempt any person or persons from the obligation to pay all or part of the levy; or
b: refund all or part of a levy paid.
9: In section 399(5) migrant immigration
10: After section 399(6)
7: In this subsection and subsection (8) commencement date section 102 of the Immigration Amendment Act 2015 migrant levy relevant person
a: had applied for, but had not yet been granted, a visa; and
b: would have been liable to pay the migrant levy if the visa had been granted before the commencement date.
8: On and after the commencement date,—
a: a relevant person is not liable to pay, in respect of an application for a visa made before the commencement date, the immigration levy imposed by regulations that apply after the commencement date; but
b: if the relevant person is granted a visa on the basis of that application, he or she is liable to pay the migrant levy that would have been payable if section 102 of the Immigration Amendment Act 2015
103: Section 400 amended (Regulations generally)
1: After section 400(a)
ab: providing that the chief executive may require that certain applications for visas must be made electronically, in which case the chief executive must maintain a list of such requirements and the regulations must prescribe how that list is to be publicly available:
2: In section 400(j) $2,000 $5,000
3: After section 400(k)
ka: providing requirements, which may differ from the requirements of sections 386A to 387A
4: In section 400(l) biometric data biometric information
104: Section 401 amended (Regulations relating to visas and expressions of interest)
Replace section 401(d)
d: prescribe 1 or more transit periods, and different periods may be prescribed for the holders of transit visas and persons to whom a transit visa waiver applies:
105: Section 402 amended (Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand)
Replace section 402(b)
b: prescribe the information that must be provided to the chief executive for the purposes of section 96(2)(b), which may include, without limitation,—
i: a description of the location of the information prescribed for the purposes of section 102(2)
ii: if applicable, the electronic address for the information referred to in subparagraph (i)
106: Section 403 amended (Regulations in respect of refugee and protection matters)
Repeal section 403(1)(b)
107: New section 403A inserted (Regulations made on recommendation of Minister)
After section 403
403A: Regulations made on recommendation of Minister
1: Regulations made under this Part may be made only on the recommendation of the Minister, except as provided in subsection (2)
2: Any regulations made under the following provisions may, if they relate to appeals or other matters in the Tribunal, be made only on the recommendation of the Minister for Courts, after consultation with the Minister:
a: section 400(d):
b: section 400(e):
c: section 400(f):
d: section 400(i).
108: Section 463 amended (Immigration officers who may make and cancel removal orders under former Act)
After section 463(1)
1A: Privacy principle 6 (which relates to access to personal information and is set out in section 6 of the Privacy Act 1993) does not apply to any reasons for any decision made by an immigration officer under section 58 of the former Act.
5: Related amendments to other enactments
109: Amendments to Immigration (Carriers' Infringement Offences, Fees, and Forms) Regulations 2012
1: This section amends the Immigration (Carriers' Infringement Offences, Fees, and Forms) Regulations 2012
2: In Schedule 1 section 349(1)(d) and (e) The following table is small in size and contains 4 columns which do not have headings. 349(1)(d) Failing without reasonable excuse to comply with obligations under section 102(2), (4), or (5) 1,000 500 2015-06-06 Immigration (Carriers' Infringement Offences, Fees, and Forms) Regulations 2012 Section 109 commencement. See section 2(2).
110: Amendments to Immigration (Certificate, Warrant, and Other Forms) Regulations 2010
Sections 111 112 Immigration (Certificate, Warrant, and Other Forms) Regulations 2010 2015-05-07 Immigration (Certificate, Warrant, and Other Forms) Regulations 2010
111: New regulation 5A inserted (Certificate requiring surrender of documents held by third party)
After regulation 5
5A: Certificate requiring surrender of documents held by third party
A certificate given by an immigration officer for the purpose in section 281A(1)(c) form 2A
112: New form 2A inserted in Schedule
In the Schedule, after form 2 form 2A Schedule 1
113: Amendment to Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010
1: This section amends the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010
2: In regulation 16 (as defined in section 86(7) of the Act) 2015-05-07 Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010
114: Amendment to Search and Surveillance Act 2012
1: This section amends the Search and Surveillance Act 2012
2: In the Schedule Human Tissue Act 2008 Schedule 2 2015-05-07 Search and Surveillance Act 2012 |
DLM6602202 | 2015 | Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 | 1: Title
This Act is the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015.
2: Commencement
This Act comes into force on 1 July 2017
3: Principal Act
This Act Anti-Money Laundering and Countering Financing of Terrorism Act 2009 principal Act 2017-07-01 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
4: Section 4 amended (Overview)
1: In section 4(3) 6 subparts 7 subparts
2: After section 4(3)(b)
ba: subpart 2A
5: Section 5 amended (Interpretation)
1: In section 5 domestic physical cash transaction international wire transfer
a: at least 1 of the following institutions is in New Zealand:
i: the ordering institution:
ii: the intermediary institution:
iii: the beneficiary institution; and
b: at least 1 of the following institutions is outside New Zealand:
i: the ordering institution:
ii: the intermediary institution:
iii: the beneficiary institution prescribed transaction
a: an international wire transfer of a value greater than the applicable threshold value; or
b: a domestic physical cash transaction of a value greater than the applicable threshold value prescribed transaction report section 48A
2: In section 5 law enforcement purposes
iv: an offence within the meaning of section 243(1) of the Crimes Act 1961:
6: Section 40 amended (Reporting entities to report suspicious transactions)
In section 40(1)(b)(v) a serious offence an offence
7: Section 42 amended (Privileged communication defined)
In section 42(1) section 40(3) sections 40(3) and 48A(2)
8: Section 43 amended (Auditors may report suspicious transactions)
In section 43(1)(e) a serious offence an offence
9: New subpart 2A of Part 2 inserted
After section 48
2A: Prescribed transaction reports
48A: Reporting entities to report certain prescribed transactions
1: Despite any other enactment or rule of law, but subject to any regulations made under section 154, if a person conducts a prescribed transaction through a reporting entity, the reporting entity must (as soon as practicable, but not later than 10 working days after the transaction) report the transaction to the Commissioner in accordance with section 48B
2: Nothing in subsection (1)
48B: Prescribed transaction reports
1: Except as provided in subsection (2) section 48A(1)
a: be in the form or forms (if any) prescribed by regulations made under section 153(c); and
b: contain the following information:
i: a description of the nature of the transaction:
ii: the amount of the transaction and the currency in which it was denominated:
iii: the date on which the transaction was conducted:
iv: the parties to the transaction:
v: if applicable, the name of the facility through which the transaction was conducted, and any other facilities (whether or not provided by the reporting entity) directly involved in the transaction:
vi: any other information prescribed by regulations made under section 153(c); and
c: be signed by a person authorised by the reporting entity to sign prescribed transaction reports (unless the report is provided by electronic means other than an electronic copy of the signed report); and
d: be forwarded, in writing, to the Commissioner—
i: by way of secure electronic transmission specified or provided by the Commissioner for this purpose; or
ii: by another means (including, without limitation, by way of transmission by post, fax, or email) that may be agreed from time to time between the Commissioner and the reporting entity concerned.
2: The Commissioner may confer the authority to receive a prescribed transaction report under subsection (1)
a: any specified Police employee; or
b: Police employees of any specified rank or class; or
c: any Police employee or Police employees for the time being holding any specified office or specified class of offices.
48C: Sections 43 to 48 apply to prescribed transactions
Sections 43 to 48 apply, with all necessary modifications, to prescribed transactions.
10: Section 57 amended (Minimum requirements for AML/CFT programmes)
After section 57(d)
da: reporting prescribed transactions; and
11: Section 78 amended (Meaning of civil liability act)
After section 78(d)
da: fails to report transactions in accordance with subpart 2A
12: Section 90 amended (Pecuniary penalties for civil liability act)
In section 90(3) section 78(a), (e), or (f), section 78(a), (da)
13: Cross-heading above section 92 replaced
Replace the cross-heading above section 92 Offences relating to suspicious transaction reports and prescribed transaction reports
14: Section 92 amended (Failing to report suspicious transaction)
In section 92(b)(v) a serious offence an offence
15: Section 93 amended (Providing false or misleading information in connection with suspicious transaction report)
1: In the heading to section 93 suspicious transaction report suspicious transaction reports or prescribed transaction reports
2: In section 93 a suspicious transaction report or in supplying information in connection with that report a suspicious transaction report or a prescribed transaction report, or in supplying information in connection with a suspicious transaction report or a prescribed transaction report
16: Section 94 amended (Unlawful disclosure of suspicious transaction report)
1: In the heading to section 94 suspicious transaction report suspicious transaction reports or prescribed transaction reports
2: In section 94(2)(b) a suspicious transaction report or a prescribed transaction report
17: Section 95 amended (Failure to keep or retain adequate records relating to suspicious transaction)
1: In the heading to section 95 suspicious transaction suspicious transactions or prescribed transactions
2: In section 95 suspicious transaction or a prescribed transaction
18: Section 96 amended (Obstruction of investigation relating to suspicious transaction report)
1: In the heading to section 96 suspicious transaction report suspicious transaction reports or prescribed transaction reports
2: In section 96 report or prescribed transaction report
19: Section 97 amended (Contravention of section 47(1))
1: In the heading to section 97 47(1) or 48A(1)
2: In section 97 47(1) or 48A(1)
20: Section 99 amended (Time limit for prosecution of offences relating to civil liability act and suspicious transaction reports)
In the heading to section 99 reports or prescribed transaction reports
21: Section 101 amended (Structuring transaction to avoid application of AML/CFT requirements)
In section 101
2: For the purposes of this section, transaction
22: Section 142 amended (Financial intelligence functions of Commissioner)
1: After section 142(j)
ja: receive, analyse, and (if appropriate) refer to investigative branches of the New Zealand Police and to other law enforcement agencies, any prescribed transaction reports:
2: In section 142(f) reports and prescribed transaction reports
3: In section 142(g) reports and prescribed transaction reports
4: In section 142(h) reports and prescribed transaction reports
23: Section 143 amended (Powers relating to financial intelligence functions of Commissioner)
1: In section 143(a) report or a prescribed transaction report
2: In section 143(b) suspicious transaction reports, prescribed transaction reports,
24: Section 145 amended (Guidelines relating to reporting of suspicious transactions)
In section 145(1)(a)(v) a serious offence an offence
25: Section 154 amended (Regulations relating to application of Act)
After section 154(1)(c)
ca: exempting a reporting entity or a class of reporting entity from the obligation to report under section 48A |
DLM5941101 | 2015 | Environmental Reporting Act 2015 | 1: Title
This Act is the Environmental Reporting Act 2015.
2: Commencement
1: This Act comes into force on the earlier of the following:
a: a date appointed by the Governor-General by Order in Council (and 1 or more orders may be made bringing different provisions into force on different dates):
b: the day that is 9 months after the date on which this Act receives the Royal assent.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1)(a) brought into force 27 June 2016 clause 2 Environmental Reporting Act Commencement Order 2016 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purpose
The purpose of this Act is to require regular reports on New Zealand's environment.
4: Interpretation
In this Act, unless the context otherwise requires,— air domain atmosphere and climate domain
a: means the domain that—
i: extends from the surface of the earth to the outer layer of the stratosphere; and
ii: is composed of gases, particulates, and meteorological conditions; and
b: includes climate biodiversity climate Commissioner Environment Act 1986 domain report section 10 ecological integrity ecosystem environmental report freshwater domain
a: means the domain composed of water in all its physical forms; and
b: includes the animals, vegetation, and structures associated with the freshwater domain; and
c: does not include atmospheric water or water that forms part of the marine domain Government Statistician Public Service Act 2020 impact category sections 8(1)(c) 11(1)(c) land domain
a: means the domain composed of soil and underlying rock; and
b: includes the animals, vegetation, and structures associated with the land domain marine domain
a: means the domain bounded on the landward side by the mean high-water mark, and on the seaward side by the outer limits of New Zealand's exclusive economic zone and continental shelf; and
b: includes estuaries, the sea, the seabed, and the soil of the area described in paragraph (a); and
c: includes the animals, vegetation, and structures associated with the marine domain Minister for the Environment Environment Act 1986 Minister of Statistics Statistics Act 1975 Ministers Ministry Environment Act 1986 pressure public health section 6(1) Secretary Statistics New Zealand Statistics Act 1975 structure section 2(1) synthesis report section 7 te ao Māori topic section 19 Section 4 Government Statistician amended 7 August 2020 section 135 Public Service Act 2020
5: Treaty of Waitangi/Te Tiriti o Waitangi
In order to recognise and respect the Crown’s responsibility to take appropriate account of the Treaty of Waitangi/Te Tiriti o Waitangi
a: sections 8(1)(c) 11(1)(c)
b: section 19(3)
6: Act binds the Crown
This Act binds the Crown.
2: Environmental reporting
Synthesis reports
7: Synthesis reports
1: The Secretary and the Government Statistician must jointly produce and publish reports on New Zealand's environment.
2: As soon as is reasonably practicable after the Secretary and the Government Statistician have published a synthesis report, the Ministers must jointly present the report to the House of Representatives.
3: In subsection (1), New Zealand's environment section 10
8: Content of synthesis reports
1: Each synthesis report must describe, in relation to the topics prescribed in regulations made under section 19
a: the state of New Zealand's environment including biodiversity and ecosystems; and
b: the pressures that may be causing, or have the potential to cause, changes to the state of New Zealand's environment; and
c: the impacts that the state of the environment and changes to the state of the environment may be having on each of the following impact categories:
i: ecological integrity; and
ii: public health; and
iii: the economy; and
iv: te ao Māori; and
v: culture and recreation.
2: In addition to the matters set out in subsection (1), each synthesis report must describe—
a: changes to the state of New Zealand's environment over time, including, if information in the report is able to be compared with that in a previous synthesis report, changes to the state of the environment since that previous report was published:
b: how the state of New Zealand's environment measures against national or international standards.
3: The Secretary and the Government Statistician are not required to include in synthesis reports information that cannot be obtained by using reasonable efforts.
9: Frequency of synthesis reports
1: A synthesis report must be published once every 3 years.
2: The first synthesis report must be published not later than 3 years after the date on which the first domain report is published under this Act. Domain reports
10: Domain reports
1: The Secretary and the Government Statistician must jointly produce and publish reports on the following:
a: the air domain:
b: the atmosphere and climate domain:
c: the freshwater domain:
d: the land domain:
e: the marine domain.
2: As soon as is reasonably practicable after the Secretary and the Government Statistician have published a domain report, the Ministers must jointly present the report to the House of Representatives.
11: Content of domain reports
1: Each domain report must describe, in relation to the topics prescribed in regulations made under section 19
a: the state of the domain the report relates to, including biodiversity and ecosystems dependent on that domain; and
b: the pressures that may be causing, or have the potential to cause, changes to the state of the domain; and
c: the impacts that the state of the environment and changes to the state of the environment may be having on each of the following impact categories:
i: ecological integrity; and
ii: public health; and
iii: the economy; and
iv: te ao Māori; and
v: culture and recreation.
2: In addition to the matters set out in subsection (1), each domain report must describe—
a: changes to the state of the domain over time, including, if information in the report is able to be compared with that in a previous domain report, changes to the state of the domain since that previous report was published:
b: how the state of the domain measures against national or international standards.
3: The Secretary and the Government Statistician are not required to include in domain reports information that cannot be obtained by using reasonable efforts.
12: Frequency of domain reports
1: The first domain report for one of the domains listed in section 10
2: A domain report for one of the domains listed in section 10
3: If, by virtue of subsection (2), a domain report is not published because of the publication of a synthesis report, the domain report must be published within the next 6 months after the synthesis report is published.
4: Each of the domains listed in section 10 Production of environmental reports
13: Overview of process for producing environmental reports
The process for producing an environmental report involves the following steps:
a: the topics to be reported on are prescribed by regulations made under section 19
b: the statistics to measure those topics are selected in accordance with section 14(2)
c: the procedures and methods to be used in providing those statistics in an environmental report are decided in accordance with section 14(4)
14: Roles of Secretary and Government Statistician
1: In producing and publishing an environmental report, the Secretary and the Government Statistician must utilise the expertise of the Ministry and Statistics New Zealand.
2: Before producing an environmental report, the Government Statistician must, after consulting the Secretary, decide what statistics will be used to measure topics prescribed by regulations made under section 19
3: In deciding under subsection (2) what statistics will be used to measure topics, the Government Statistician must—
a: follow what he or she believes to be best practice principles and protocols; and
b: be satisfied that the statistics accurately represent the topic they purport to measure.
4: The Government Statistician has the sole responsibility for deciding the procedures and methods to be used in providing statistics that will be included in an environmental report.
15: Duty to act independently
In producing and publishing an environmental report, the Secretary and the Government Statistician must act independently of any Minister of the Crown.
16: Reports to be fair and accurate
The Secretary and the Government Statistician must, in so far as it is reasonably practicable, ensure that all environmental reports published give a fair and accurate representation of the state of New Zealand's environment, or the state of the domain being reported on.
17: Protecting integrity of untested information
1: This section applies only to untested information.
2: All requests for untested information must be transferred to the Government Statistician.
3: The Government Statistician may, in response to a request for untested information, at his or her sole discretion withhold any untested information.
4: In this section,— request for untested information Ombudsmen Act 1975 Public Audit Act 2001 untested information
a: means data, statistics, or findings prepared for reporting under this Act and not already in the public domain; but
b: does not include those data, statistics, or findings once the report for which they were prepared is published. Role of Parliamentary Commissioner for the Environment
18: Role of Commissioner
1: In accordance with his or her functions and powers under the Environment Act 1986
2: The matters that the Commissioner may report on under subsection (1) include, but are not limited to,—
a: analysing environmental reports:
b: identifying trends:
c: discussing the implications of environmental report findings:
d: recommending responses to environmental report findings. Regulations
19: Regulations
1: The Governor-General may, on the joint recommendation of the Ministers, by Order in Council, make regulations prescribing—
a: topics to be covered in synthesis reports relating to—
i: the state of New Zealand's environment:
ii: the pressures that may be causing, or have the potential to cause, changes to the state of New Zealand's environment:
iii: the impacts that the state of the environment and changes to the state of the environment may be having on the matters set out in section 8(1)(c)
b: topics to be covered in domain reports relating to—
i: the state of a domain:
ii: the pressures that may be causing, or have the potential to cause, changes to the state of a domain:
iii: the impacts that the state of a domain and changes to the state of the domain may be having on the matters set out in section 11(1)(c)
2: Before recommending the making of regulations under subsection (1), the Ministers must be satisfied that any—
a: pressure topic or impact topic affects significant areas, resources, or numbers of people:
b: topic can be measured with robust statistical methods:
c: pressure topic is closely related to any state topic that it is asserted to affect:
d: impact topic is closely related to any state topic that is asserted to give rise to that impact.
3: Before recommending the making of regulations under subsection (1), the Ministers must consult—
a: the Government Statistician; and
b: the Commissioner; and
c: the public; and
d: iwi authorities; and
e: local authorities.
4: In this section,— impact topic pressure topic state topic
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 |
DLM6055201 | 2015 | Te Kawerau ā Maki Claims Settlement Act 2015 | 1: Title
This Act is the Te Kawerau ā Maki 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 historical claims
Preliminary matters
3: Purpose
The purpose of this Act is—
a: to record in English and te reo Māori the acknowledgements and apology given by the Crown to Te Kawerau ā Maki 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 Kawerau ā Maki.
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: records the text of the acknowledgements and apology given by the Crown to Te Kawerau ā Maki, as recorded in the deed of settlement; and
e: defines terms used in this Act, including key terms such as Te Kawerau ā Maki 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: cultural redress that does not involve the vesting of land, namely,—
i: protocols for Crown minerals and taonga tūturu on the terms set out in the documents schedule; and
ii: a statutory acknowledgement by the Crown of the statements made by Te Kawerau ā Maki of their cultural, historical, spiritual, and traditional association with certain statutory areas and the effect of that acknowledgement, together with a deed of recognition for the specified area; and
iii: the whenua rāhui applying to a certain area of land; and
iv: the provision of official geographic names; and
b: cultural redress requiring vesting in the trustees of the fee simple estate in certain cultural redress properties, including the vesting of the Kopironui property pursuant to a determination of the Māori Land Court made under the jurisdiction conferred on the court by subpart 5
4: Part 3
a: in subpart 1
b: in subpart 2
c: in subpart 3
d: in subpart 4
5: There are 4 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3
d: Schedule 4 Section 6(2)(g)(iv) amended 30 January 2021 section 161 Trusts Act 2019 Acknowledgements and apology of the Crown
7: Acknowledgements and apology
1: Sections 8 9
2: The acknowledgements and apology are to be read together with the historical account recorded in part 2 of the deed of settlement.
8: Acknowledgements
1: The Crown acknowledges that until now it has failed to deal with the long-standing grievances of Te Kawerau ā Maki in an appropriate way and that recognition of these grievances is long overdue.
2: The Crown acknowledges that Te Kawerau ā Maki has honoured its obligations under the Treaty of Waitangi
3: The Crown acknowledges that in considering pre-Treaty land transactions and pre-emption waiver purchases for lands in which Te Kawerau ā Maki had interests, it breached the Treaty of Waitangi
a: failed to consider the interests of Te Kawerau ā Maki before approving these transactions; and
b: applied a policy of taking surplus lands from these transactions without assessing the adequacy of lands that Te Kawerau ā Maki held.
4: The Crown acknowledges that it did not properly apply certain regulations for pre-emption waiver transactions, including for lands in the West Auckland and upper Waitemata Harbour regions. The Crown also acknowledges that it did not always protect Māori interests during investigation into these transactions.
5: The Crown acknowledges that in purchasing the extensive area called Mahurangi and Ōmaha in 1841 it breached the Treaty of Waitangi
a: failed to conduct an adequate investigation of customary rights when it purchased the land; and
b: acquired the land without the knowledge and consent of Te Kawerau ā Maki; and
c: failed to provide adequate compensation and reserves for the future use and benefit of Te Kawerau ā Maki when it later learned of their interests in the purchase area.
6: The Crown further acknowledges that—
a: it failed to adequately survey and define the Mahurangi and Ōmaha purchase and this caused confusion and uncertainty for Te Kawerau ā Maki; and
b: the process whereby the Crown granted land to settlers within the Mahurangi and Ōmaha purchase area compounded the prejudice arising from the 1841 transaction.
7: The Crown acknowledges that in purchasing the extensive area called Hikurangi in 1853–1854 it breached the Treaty of Waitangi
a: failed to conduct an adequate investigation of customary rights when it purchased this land; and
b: acquired the land without the knowledge or consent of Te Kawerau ā Maki; and
c: failed to provide adequate compensation or reserves for the future use and benefit of Te Kawerau ā Maki when it later learned of their interests in the land.
8: The Crown acknowledges that the 1853 and 1854 purchase deeds for Hikurangi, Paeōterangi, and Puatainga contained provisions that 10% of the proceeds of sale were to be expended for the benefit of Māori and for specific payments to be made to the vendors. The Crown failed to keep adequate records after 1874 and the vendors, including Te Kawerau ā Maki, received no further identifiable benefit under the 10% provision.
9: The Crown acknowledges that when it purchased a large amount of land in the Waitākere region between 1853 and 1856 it failed to actively protect Te Kawerau ā Maki by ensuring adequate lands were reserved from the purchase and thereafter protected from alienation and this was in breach of the Treaty of Waitangi
10: The Crown acknowledges that—
a: it introduced the native land laws without consulting Te Kawerau ā Maki and the individualisation of title imposed by these laws was inconsistent with Te Kawerau ā Maki tikanga; and
b: Te Kawerau ā Maki had no choice but to participate in the Native Land Court system to protect their interests in their lands and to integrate into the modern economy; and
c: the Native Land Court title determination process carried significant costs, including survey and hearing costs, which at times contributed to the alienation of Te Kawerau ā Maki land; and
d: the operation and impact of the native land laws made the lands of Te Kawerau ā Maki more susceptible to partition, fragmentation, and alienation. This further contributed to the erosion of tribal structures of Te Kawerau ā Maki, which were based on collective ownership of land. The Crown failed to take adequate steps to actively protect those structures. This had a prejudicial effect on Te Kawerau ā Maki and was a breach of the Treaty of Waitangi
11: The Crown acknowledges that it did not promote any means in the native land law legislation for a form of collective title enabling Te Kawerau ā Maki to administer and utilise their lands until 1894, by which time title to much Te Kawerau ā Maki land had been awarded to individuals. The failure to promote a legal means for collective administration of Te Kawerau ā Maki land was a breach of the Treaty of Waitangi
12: The Crown acknowledges that lands of significance to Te Kawerau ā Maki at Kopironui and elsewhere were acquired by the Crown for sand-dune reclamation purposes between 1920 and 1951, including through compulsory taking. The Crown acknowledges that it did not work with Te Kawerau ā Maki to find an alternative to compulsory acquisition and that the loss of these lands has hindered Te Kawerau ā Maki access to urupā, kaimoana, and other resources and that this acquisition has been a major grievance for Te Kawerau ā Maki.
13: The Crown acknowledges the loss of Te Kawerau ā Maki wāhi tapu through Crown and private purchases and public works takings and that this loss was prejudicial to Te Kawerau ā Maki cultural and spiritual well-being.
14: The Crown acknowledges that Te Kawerau ā Maki have experienced ongoing difficulties in accessing and managing their few remaining lands.
15: The Crown acknowledges that the cumulative effect of the Crown purchasing, public works takings, and private purchasing has left Te Kawerau ā Maki virtually landless. The Crown’s failure to ensure that Te Kawerau ā Maki were left with sufficient land for their present and future needs was a breach of the Treaty of Waitangi Whakaaetanga ki te Whakataunga a Te Kawerau ā Maki
1: E whakaae ana te Karauna, mohoa noa nei, nōna i hē ai ki te whakatikatika i ngā aureretanga nō mai rā anō o Te Kawerau ā Maki i runga i te tika me te pono ā, kua roa rawa te wā e noho tārewa tonu ana ēnei nawe.
2: E whakaae ana te Karauna, e te mau tonu a Te Kawerau ā Maki ki ōna here ki raro i Te Tiriti o Waitangi mai i te tau 1840.
3: E whakaae ana te Karauna, nā te whakatau i ngā whakawhitinga whenua nō mua i te Tiriti me ngā hokonga ā-unu mana hoko mō ngā whenua i whai pānga atu ai a Te Kawerau ā Maki, he takahitanga tērā i te Tiriti o Waitangi me ōna mātāpono inā—
a: kāore i āta whakaarohia ngā pānga tuku iho o Te Kaweau ā Maki i mua i te whakaaetanga atu o ēnei whakawhitinga; ā
b: ka whakahaeretia he kaupapahere e hāngai ana ki te tango i ngā whenua e toe ana i ēnei whakawhitinga me te kore aro atu ki te hāngaitanga o ngā whenua i pupurutia tonutia ai e Te Kawerau ā Maki.
4: E whakaae ana te Karauna, kāore ia i āta whakarite here e pā ana ki ngā whakawhitinga ā-unu mana hoko, tae atu ki ngā whenua i Tāmaki Makaurau ki te Uru me ngā rohe o te Whanga o Waitematā ki runga. E whakaae hoki ana te Karauna, kāore i āta tiakina e ia ngā pānga Māori i ngā wā katoa i te wā o ngā uiuitanga i ēnei whakawhitinga.
5: E whakaae ana te Karauna, nā tana hokonga i te whenua rarahi nei e kīia ana, ko “Mahurangi me Ōmaha” i te tau 1841, he takahitanga tērā i Te Tiriti o Waitangi me ōna mātāpono inā—
a: kāore i whakahaeretia he āta uiuitanga e pā ana ki ngā mana tuku iho i te wā tonu o taua hokonga whenua; ā
b: ka riro whenua atu ki a ia me te kore mōhiotanga me te kore whakaaetanga o Te Kāwerau ā Maki; ā
c: kāore i tukuna he kamupeniheihana e tika ana, tae atu ki ngā whenua rāhui hei whakamahinga, hei painga anō hoki mō Te Kawerau ā Maki i te whakamōhiotanga atu i muri mai, he pānga nō rātou ki te rohe whenua i hokona ai.
6: E whakaae ana hoki te Karauna—
a: kāore i āta rūrihia, kāore hoki i āta tūtohua e ia te hokonga o Mahurangi me Ōmaha
b: nā te tikanga whakahaere i taea ai e te Karauna te whakaae whenua atu ki a Tauiwi ki roto i te rohe hoko o “Mahurangi me Ōmaha”, ka muramura te kiriwetitanga i tupu ake ai i te whakawhitinga i te tau 1841.
7: E whakaae ana te Karauna, ko te hokonga o te whenua rarahi tonu e kīia ana ko “Hikurangi” i te tau 1853 ki te tau 1854, he takahitanga tērā i Te Tiriti o Waitangi me ōna mātāpono inā—
a: kāore i whakahaeretia he āta uiuitanga e pā ana ki ngā mana tuku iho i te wā tonu o te hokonga o tēnei whenua; ā
b: ka riro atu ki a ia te whenua me te kore mōhiotanga atu me te kore whakaaetanga atu o Te Kawerau ā Maki; ā
c: kāore i tukuna he kamupeniheihana e tika ana, he whenua rāhui rānei hei whakamahinga, hei painga mō Te Kawerau ā Maki i te whakamōhiotanga atu i muri mai, he pānga ō rātou ki te whenua.
8: E whakaae ana te Karauna, kei roto i ngā whakaaetanga hoko o te tau 1853 me te tau 1854 mō Hikurangi, mō Paeōterangi me Puatainga, ētahi whakaritenga kia whakapaungia te tekau ōrau o ngā pūtea moni hei oranga mō te Māori ā, kia utua tōtika atu hoki he moni ki ngā kaihoko o te whenua. Kāore te Karauna i tiaki pūrongo e tika ana i muri i te tau 1874 ā, kāore ngā kaihoko, tae atu ki a Te Kawerau ā Maki, i whiwhi painga ake i muri mai i raro i te whakaritenga o te tekau ōrau
9: E whakaae ana te Karauna, i te wā o tana hokonga i te whānui o ngā whenua i te rohe o Waitākere i waenganui i te tau 1853 me te tau 1856, kāore i āta whakamarumarutia e ia a Te Kawerau ā Maki, mā te whakarato whenua rāhui e tika ana mai i te hokonga, he whenua e kore rawa e whakawehea ai ā, he takahitanga tērā i Te Tiriti o Waitangi me ōna mātāpono.
10: E whakaae ana te Karauna—
a: ka whakaturea e ia ngā ture whenua Māori me te kore whiriwhiri kōrero atu ki a Te Kawerau ā Maki ā, ko te whakatakitahitanga ā-taitara i whakaritea e ēnei ture, he taupatupatu tērā i ngā tikanga o Te Kawerau ā Maki; ā
b: kāore he putanga atu ki a Te Kawerau ā Maki ā, ka mate ki te whaiwāhi ki ngā tikanga whakahaere o Te Kooti Whenua Māori hei whakamarumaru i ō rātou ake pānga ki ō rātou ake whenua ā, mā reira e uru pai ai rātou ki roto i te ōhanga o nāianei; ā
c: he taumaha hoki ngā utunga i puta mai i te tikanga whakahaere mō te whakatau taitara a Te Kooti Whenua Māori, tae atu ki ngā utu rūri, ngā utu whakawā hoki ā, i ētahi wā, ko te whakawehewehe whenua o Te Kawerau ā Maki te papa; ā
d: nā te whakahaeretanga me te papānga o ngā ture whenua Māori ka noho mōrearea ngā whenua o Te Kawerau ā Maki kei wāwāhia, kei whakarohea, kei whakawehea tonu. Ka whai anō, ko te turakitanga o ngā hanganga ā-iwi o Te Kawerau ā Maki, he mea i takea mai i tō rātou rangatiratanga ā-ohu ki te whenua. Kāore i āta tiakina e te Karauna ēnei hanganga ā-iwi. Ka pā te kiriweti ki a Te Kawerau ā Maki ā, i tua atu, he takahitanga tērā i Te Tiriti o Waitangi me ōna mātāpono.
11: E whakaae ana te Karauna, kāore ia i whakawātea mai he huarahi i roto i ngā hanganga ture whenua mō tētahi momo taitara ā-ohu e taea ai e Te Kawerau ā Maki te whakahaere, te whakamahi hoki ō rātou whenua kia tae rā anō ki te tau 1894. Ā, ko te mate kē, kua tukuna kētia te taitara o te nuinga o ngā whenua o Te Kawerau ā Maki ki ngā tāngata takitahi. Ko te kore whakatū huarahi ā-ture e taea ai te whakahaeretanga ā-ohu mō ngā whenua o Te Kawerau ā Maki, he takahitanga tērā i Te Tiriti o Waitangi me ōna mātāpono.
12: E whakaae ana te Karauna, ka riro atu ki a ia ngā whenua nui whakaharahara ki a Te Kawerau ā Maki i Kōpironui me ētahi atu wāhi hei mahinga tāmata whenua oneone i waenganui i te tau 1920 me te tau 1951 ā, i ētahi wā, nā te here o te ture. E whakaae ana te Karauna, kāore ia i mahi ngātahi ai me Te Kawerau ā Maki ki te kimi huarahi kē i tua atu i te rironga noa ā, nā te whakangaronga atu o ēnei whenua ka aukatingia te āta āheinga atu ki ngā urupā, ki ngā wāhi kaimoana me ērā atu rawa tūpuna ā, ko te otinga o tēnei hokonga, e ngau kino tonu nei i te manawa o Te Kawerau ā Maki.
13: E whakaae ana te Karauna, nā te whakangarotanga atu o ngā wāhi tapu o Te Kawerau ā Maki nā ngā hokonga a te Karauna, a te tangata takitahi rānei, me ngā tangohanga hei mahinga tūmatanui, ko te pānga kino mai ki te oranga ā-tikanga, ā-wairua anō hoki o Te Kawerau ā Maki te otinga.
14: E whakaae ana te Karuna, he riterite tonu ngā taumahatanga e pā ana ki a Te Kawerau ā Maki mō te whakaāheinga atu me te whakahaeretanga o ō rātou whenua e toe tonu ana.
15: E whakaae ana te Karauna, ko te otinga atu o ngā hokonga a te Karauna, ngā rirotanga atu mō ngā mahinga tūmatanui tae atu ki ngā hokonga ā-tangata tūmataiti, kua tata noho whenua kore a Te Kawerau ā Maki. Nā te kore whakaū a te Karauna kia whakarāhuitia ngā whenua e tika ana hei whakatutukitanga i ō rātou wawata mō nāianei, mō ngā rā kei mua hoki, he takahitanga tērā i Te Tiriti o Waitangi me ōna mātāpono. Nā ēnei mahi ka whakapōreareatia te whakawhanaketanga ā-papori, ā-ōhanga, ā-tikanga anō hoki o Te Kawerau ā Maki hei iwi tonu ā, kua whakamemehatia te kaha o Te Kawerau ā Maki ki te whakamarumaru, ki te whakahaere i ō rātou taonga me ō rātou wāhi tapu ā, ki te mau tonu ki ngā hononga ā-wairua ki ō rātou whenua. E whakaae anō ana te Karauna, kua pā kino mai ēnei āhuatanga ki te oranga o Te Kawerau ā Maki i ēnei rā.
9: Apology
1: The Crown recognises the grievances of Te Kawerau ā Maki are long-held and acutely felt. For too long the Crown has failed to appropriately respond to your claims for redress and justice. The Crown now makes this apology to Te Kawerau ā Maki, to your ancestors and descendants.
2: The Crown profoundly regrets its breaches of the Treaty of Waitangi
3: The Crown unreservedly apologises for not having honoured its obligations to Te Kawerau ā Maki under the Treaty of Waitangi Whakapāhatanga a te Karauna mō Te Kawerau ā Maki
1: E whakaae ana te Karauna, e ngau kino tonu ana ngā mamaetanga o Te Kawerau ā Maki mai rā anō. E Te Kawerau ā Maki, kua roa rawa te Karauna e kōroiroi ana kia tika te urupare atu ki a koutou, e Te Kawerau ā Maki, hei whakatika hē, hei whakatau tikanga. Ko tēnei te whakapāhatanga atu a Te Karauna ki a Te Kawerau ā Maki, ki ō koutou tūpuna, ki ō koutou uri anō hoki.
2: E kaha pōuri ana te Karauna mō ōna takahitanga i Te Tiriti o Waitangi me ōna mātāpono i whakangarongaro atu ai te nui o ngā whenua o Te Kawerau ā Maki tae noa mai ki te tau 1856. E ngākau pōuri ana te Karauna ki tōna kore e aro atu, i muri mai, ki te whakamarumaru i ērā whenua i whakarāhuitia ai mō Te Kawerau ā Maki. Nō te whakawehewehetanga atu o te katoa o ēnei whenua rāhui, me ō koutou whenua taketake anō hoki, ka patua te oranga ā-wairua, ā-tikanga, ā-ōhanga, ā-tinana hoki o Te Kawerau ā Maki. Ka ngaua tonutia ēnei āhuatanga i ēnei rā tonu.
3: E whakapāha ana te Karauna me te kore here, mō te kore whakatutuki i ōna here ki a Te Kawerau ā Maki i raro i Te Tiriti o Waitangi. Mā tēnei whakapāhatanga me tēnei whakataunga e rīpenetā ana ia mō ōna mahi hē ā, mā konā e hiki ai te kawenga o te mamae kia tīmata ai he wā hei whakaoratanga anō. Mā reira hoki e hanga hononga hou me ngā tāngata o Te Kawerau ā Maki nā runga i te pono tahitanga, te mahi tahitanga me te aronui mō Te Tiriti o Waitangi me ōna mātāpono. Interpretation provisions
10: 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.
11: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2(1) attachments Auckland Prison section 109 Auckland Prison Housing Block Housing Block section 95 commercial redress property section 95 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) Crown section 2(1) cultural redress property section 60 deed of recognition
a: means the deed of recognition issued under section 36
b: includes any amendments made under section 36(3) deed of settlement
a: means the deed of settlement dated 22 February 2014 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: George Hori Winikeri Taua, Hamuera Taua, Miriama Tamaariki, and Ngarama Walker, for and on behalf of Te Kawerau ā Maki; and
iii: Te Warena Taua, George Hori Winikeri Taua, Hamuera Taua, Miriama Tamaariki, and Ngarama Walker, being the trustees of the Te Kawerau Iwi Settlement Trust; 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 95 Director-General documents schedule effective date exclusive RFR land section 111 historical claims section 13 interest Kopironui property section 60 Kopironui vesting date section 71 LINZ local authority section 5(1) member of Te Kawerau ā Maki section 12(1)(a) Ngā Maunga Whakahii o Kaipara Development Trust section 11 property redress schedule 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 12(1)(a)
ii: 1 or more members of Te Kawerau ā Maki; or
iii: 1 or more of the whānau, hapū, or groups referred to in section 12(1)(c) reserve section 2(1) reserve property section 60 resource consent section 2(1) RFR subpart 4 RFR area section 109 RFR land section 110 settlement date statutory acknowledgement section 27 Te Kawerau Iwi Settlement Trust tikanga trustees of Te Kawerau Iwi Settlement Trust trustees whenua rāhui section 41 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 11 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
12: Meaning of Te Kawerau ā Maki
1: In this Act, Te Kawerau ā Maki
a: means the collective group composed of individuals who are descended from an ancestor of Te Kawerau ā Maki; 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 13 ancestor of Te Kawerau ā Maki
a: exercised customary rights by virtue of being descended from 2 or more of the following ancestors:
i: Tawhiakiterangi (also known as Te Kawerau ā Maki):
ii: Mana:
iii: Te Au o Te Whenua:
iv: Kowhatu ki te Uru:
v: Te Tuiau:
vi: any other recognised ancestor of a group referred to in part 8 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 area of interest 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 Kawerau ā Maki tikanga.
13: Meaning of historical claims
1: In this Act, historical claims
a: means the claims described in subsection (2); and
b: includes the claim described in subsection (3); but
c: does not include the claims described in subsection (4).
2: The historical claims are every claim that Te Kawerau ā Maki 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 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 every claim to the Waitangi Tribunal to which subsection (2) applies, including Wai 470, the Te Kawerau ā Maki claim.
4: However, the historical claims do not include—
a: a claim that a member of Te Kawerau ā Maki, or a whānau, hapū, or group referred to in section 12(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
14: 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 Act; or
d: the collective Act; or
e: the collective deed; or
f: the redress provided under the deed of settlement, the collective deed, this Act, or the collective Act.
5: Subsection (4)—
a: 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, the collective deed, this Act, or the collective Act; and
b: does not limit the jurisdiction of the Māori Land Court, for the purposes of sections 74 to 79
6: In this section,— collective Act Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 collective deed section 8(1) Amendment to Treaty of Waitangi Act 1975
15: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3 Te Kawerau ā Maki Claims Settlement Act 2015 section 14(4) and (5) 2015-09-15 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply
16: Certain enactments do not apply
1: The enactments listed in subsection (2) do not apply—
a: to Auckland Prison; or
b: to a cultural redress property (other than the Kopironui property during the period before it is vested under section 72
c: to the Kopironui property on and from the date of its vesting under section 72
d: to the commercial redress property; or
e: to a deferred selection property on and from the date of its transfer to the trustees; or
f: to the exclusive RFR land; or
g: to the Housing Block on and from the date of its transfer under section 96
h: to non-exclusive RFR land on and from the date of its disposal under a contract formed under section 119
i: for the benefit of Te Kawerau ā Maki 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 16(2)(b) replaced 1 August 2020 section 668 Education and Training Act 2020
17: 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: Auckland Prison:
ii: a cultural redress property:
iii: the commercial redress property:
iv: a deferred selection property:
v: the exclusive RFR land:
vi: the Housing Block:
vii: non-exclusive RFR land disposed of under a contract formed under section 119
b: is subject to a resumptive memorial recorded under any enactment listed in section 16(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 (other than the Kopironui property), the commercial redress property, or the exclusive RFR land; or
b: the date of transfer of the property to the trustees, for a deferred selection property; or
c: the date of the transfer of the Housing Block under section 96
d: the date of the vesting of the Kopironui property under section 72
e: the date of disposal of the land, for non-exclusive RFR land disposed of under a contract formed under section 119
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 16(2) Miscellaneous matters
18: 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 Kawerau Iwi Settlement 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 Kawerau Iwi Settlement Trust is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) Section 18 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 18(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 18(2) amended 30 January 2021 section 161 Trusts Act 2019
19: 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.
20: Provisions that have same effect
If a provision in this Act has the same effect as a provision in another Act, the provisions must be given effect to only once, as if they were 1 provision.
2: Cultural redress
1: Protocols
21: Interpretation
In this subpart,— protocol
a: means each of the following protocols issued under section 22(1)(a)
i: the Crown minerals protocol:
ii: the taonga tūturu protocol; and
b: includes any amendments made under section 22(1)(b) responsible Minister
a: for the Crown minerals protocol, the Minister of Energy and Resources; and
b: for the taonga tūturu protocol, the Minister for Arts, Culture and Heritage; and
c: for either of those protocols, any other Minister of the Crown authorised by the Prime Minister to exercise powers and to perform functions and duties in relation to the protocol. General provisions applying to protocols
22: Issuing, amending, and cancelling protocols
1: Each responsible Minister—
a: must issue a protocol to the trustees on the terms set out in part 6 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.
23: 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 Kawerau ā Maki or a representative entity.
24: 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). Crown minerals
25: Crown minerals protocol
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 Crown minerals 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 Crown minerals protocol 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 Crown minerals protocol area minerals programme section 2(1) Taonga tūturu
26: 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)
2: Statutory acknowledgement and deed of recognition
27: Interpretation
In this subpart,— relevant consent authority statement of association
a: made by Te Kawerau ā Maki of their particular cultural, historical, spiritual, and traditional association with the statutory area; and
b: set out in part 4 of the documents schedule statutory acknowledgement section 28 statutory area Schedule 1 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
28: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association for the statutory areas.
29: 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 30 to 32
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 33 34
c: to enable the trustees and any member of Te Kawerau ā Maki to cite the statutory acknowledgement as evidence of the association of Te Kawerau ā Maki with a statutory area, in accordance with section 35
30: 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
31: 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
32: 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
33: 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 28 to 32 34 35
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
34: 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
35: Use of statutory acknowledgement
1: The trustees and any member of Te Kawerau ā Maki may, as evidence of the association of Te Kawerau ā Maki 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 Kawerau ā Maki are precluded from stating that Te Kawerau ā Maki 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. Deed of recognition
36: Issuing and amending deed of recognition
1: This section applies in respect of the statutory area described in Part 2
2: The Minister of Conservation and the Director-General must issue a deed of recognition in the form set out in part 5 of the documents schedule for the statutory area administered by the Department of Conservation.
3: The persons who issue the deed of recognition may amend the deed, but only with the written consent of the trustees. General provisions relating to statutory acknowledgement and deed of recognition
37: Application of statutory acknowledgement to river or stream
If any part of the statutory acknowledgement applies to a river or stream, including a tributary, 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.
38: Exercise of powers and performance of functions and duties
1: The statutory acknowledgement and the 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 Te Kawerau ā Maki 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 or the Director-General by the deed of recognition.
39: Rights not affected
1: The statutory acknowledgement and the 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
40: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 Te Kawerau ā Maki Claims Settlement Act 2015 2015-09-15 Resource Management Act 1991
3: Whenua rāhui
41: Interpretation
In this subpart,— Conservation Board section 6L conservation management plan section 2(1) conservation management strategy section 2(1) national park management plan management plan section 2 New Zealand Conservation Authority section 6A protection principles
a: means the principles agreed by the trustees and the Minister of Conservation, as set out for the area in part 2 of the documents schedule; and
b: includes any principles amended by the written agreement of the trustees and the Minister of Conservation specified actions statement of values
a: made by Te Kawerau ā Maki of their values relating to their cultural, historical, spiritual, and traditional association with the whenua rāhui area; and
b: set out in part 1 of the documents schedule whenua rāhui whenua rāhui area
a: means the area that is declared under section 42(1)
b: does not include an area that is declared under section 53(1)
42: Declaration of whenua rāhui and the Crown's acknowledgement
1: The area described in Schedule 2
2: The Crown acknowledges the statement of values for the whenua rāhui area.
43: Purposes of whenua rāhui
The only purposes of the whenua rāhui are—
a: to require the New Zealand Conservation Authority and relevant Conservation Boards to comply with the obligations in section 45
b: to enable the taking of action under sections 46 to 51
44: Effect of protection principles
The protection principles are intended to prevent the values stated in the statement of values for the whenua rāhui area from being harmed or diminished.
45: Obligations on New Zealand Conservation Authority and Conservation Boards
1: When the New Zealand Conservation Authority or a Conservation Board considers a conservation management strategy, conservation management plan, or national park management plan that relates to the whenua rāhui area, the Authority or Board must have particular regard to—
a: the statement of values for the area; and
b: the protection principles for the area.
2: Before approving a strategy or plan that relates to the whenua rāhui area, the New Zealand Conservation Authority or a Conservation Board must—
a: consult the trustees; and
b: have particular regard to the views of the trustees as to the effect of the strategy or plan on—
i: any matters in the statement of values for the area; and
ii: the implementation of the protection principles for the area.
3: If the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy in relation to the whenua rāhui area, the Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to those concerns.
46: Noting of whenua rāhui in strategies and plans
1: The application of the whenua rāhui to the whenua rāhui area must be noted in any conservation management strategy, conservation management plan, or national park management plan affecting the area.
2: The noting of the whenua rāhui is—
a: for the purpose of public notice only; and
b: not an amendment to the strategy or plan for the purposes of section 17I section 46
47: Notification in
Gazette
1: The Minister of Conservation must notify in the Gazette
a: the declaration made by section 42
b: the protection principles for the whenua rāhui area.
2: Any amendment to the protection principles, as agreed by the trustees and the Minister of Conservation, must be notified by the Minister in the Gazette
3: The Director-General may notify in the Gazette section 48 49
48: Actions by Director-General
1: The Director-General must take action in relation to the protection principles that relate to the whenua rāhui area, including the specified actions.
2: The Director-General retains complete discretion to determine the method and extent of the action to be taken.
3: The Director-General must notify the trustees in writing of any action intended to be taken.
49: Amendment to strategies or plans
1: The Director-General may initiate an amendment to a conservation management strategy, conservation management plan, or national park management plan to incorporate objectives for the protection principles that relate to the whenua rāhui area.
2: The Director-General must consult relevant Conservation Boards before initiating the amendment.
3: The amendment is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4)
50: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for 1 or more of the following purposes:
a: to provide for the implementation of objectives included in a strategy or plan under section 49(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to the whenua rāhui area:
c: to create offences for breaches of regulations made under paragraph (b):
d: to prescribe the following fines:
i: for an offence referred to in paragraph (c), a fine not exceeding $5,000; and
ii: for a continuing offence, an additional amount not exceeding $50 for every day on which the offence continues.
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 50(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
51: Bylaws
1: The Minister of Conservation may make bylaws for 1 or more of the following purposes:
a: to provide for the implementation of objectives included in a strategy or plan under section 49(1)
b: to regulate or prohibit activities or conduct by members of the public in relation to the whenua rāhui area:
c: to create offences for breaches of bylaws made under paragraph (b):
d: to prescribe the following fines:
i: for an offence referred to in paragraph (c), a fine not exceeding $1,000; and
ii: for a continuing offence, an additional amount not exceeding $50 for every day on which the offence continues.
2: Bylaws under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 51(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
52: Existing classification of whenua rāhui area
1: This section applies to the extent that the whenua rāhui applies to land in a reserve under the Reserves Act 1977
2: The whenua rāhui does not affect—
a: the purpose of the reserve; or
b: the classification of the land as a reserve.
53: Termination of whenua rāhui
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of the whenua rāhui area is no longer subject to the whenua rāhui.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless—
a: the trustees and the Minister of Conservation have agreed in writing that the whenua rāhui is no longer appropriate for the relevant area; or
b: the relevant area is to be, or has been, disposed of by the Crown; or
c: the responsibility for managing the relevant area is to be, or has been, transferred to a different Minister of the Crown or the Commissioner of Crown Lands.
3: The Crown must take reasonable steps to ensure that the trustees continue to have input into the management of a relevant area if—
a: subsection (2)(c) applies; or
b: there is a change in the statutory management regime that applies to all or part of the whenua rāhui area.
4: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 53(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
54: Exercise of powers and performance of functions and duties
1: The whenua rāhui does not affect, and must not be taken into account by, any 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 legislation or a bylaw, must not give greater or lesser weight to the values stated in the statement of values for the whenua rāhui area than that person would give if the area were not subject to the whenua rāhui.
3: Subsection (2) does not limit subsection (1).
4: This section is subject to the other provisions of this subpart.
55: Rights not affected
1: The whenua rāhui 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, the whenua rāhui area.
2: This section is subject to the other provisions of this subpart.
4: Official geographic names
56: Interpretation
In this subpart,— Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Board section 4 official geographic name section 4
57: Official geographic names
1: A name specified in the second column of the table in clause 5.14 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
58: Publication of official geographic names
1: The Board must, as soon as practicable after the settlement date, give public notice, in accordance with section 21(2) and (3) section 57
2: The notice must state that each official geographic name became an official geographic name on the settlement date.
59: 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: To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3)
5: Vesting of cultural redress properties
60: Interpretation
In this subpart,— Crown forest land section 95 Crown forestry licence
a: has the meaning given in section 2(1)
b: in relation to the Kopironui property, means the licence applying to that land on the Kopironui vesting date cultural redress property Schedule 3 Properties vested in fee simple
a: Te Henga site A:
b: Wai Whauwhaupaku: Property vested in fee simple to be held as Māori reservation
c: Te Onekiritea Point property: Properties vested in fee simple to be administered as reserves
d: Parihoa site B:
e: Te Henga site B:
f: Te Kawerau Pā: Properties vested in fee simple subject to conservation covenant
g: Muriwai:
h: Opareira:
i: Parihoa site A: Kopironui property vested in fee simple
j: Kopironui property licensor section 95 reserve property Te Kawerau Pā vesting date
a: the date that is 20 working days after the date the Tiritiri Matangi Island Scientific Reserve vests back in the Crown under section 69(2)
b: the settlement date. Properties vested in fee simple
61: Te Henga site A
1: The reservation of Te Henga site A (being part of Te Henga Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Te Henga site A vests in the trustees.
62: Wai Whauwhaupaku
1: Wai Whauwhaupaku ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Wai Whauwhaupaku vests in the trustees. Property vested in fee simple to be held as Māori reservation
63: Te Onekiritea Point property
1: The fee simple estate in the Te Onekiritea Point property vests in the trustees.
2: The Te Onekiritea Point property is set apart as a Māori reservation as if set apart under section 338(1)
a: for the purposes of a marae; and
b: to be held for the benefit of Te Kawerau ā Maki.
3: The Te Onekiritea Point property is not rateable under the Local Government (Rating) Act 2002 section 9 Properties vested in fee simple to be administered as reserves
64: Parihoa site B
1: Parihoa site B ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Parihoa site B vests in the trustees.
3: Parihoa site B is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Parihoa Historic Reserve.
65: Te Henga site B
1: The reservation of Te Henga site B (being part of Te Henga Recreation Reserve) as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in Te Henga site B vests in the trustees.
3: Te Henga site B is declared a reserve and classified as a historic reserve subject to section 18
4: The reserve is named Te Henga Historic Reserve.
5: Subsections (1) to (4) do not take effect until the trustees have provided—
a: the Crown with a registrable easement in gross for a right of way on the terms and conditions set out in part 7.5 of the documents schedule; and
b: the registered proprietors of the land contained in computer freehold registers NA651/232, NA885/206, and NA885/207 with a registrable right of way easement on the terms and conditions set out in part 7.6 of the documents schedule.
6: 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
66: Te Kawerau Pā
1: This section takes effect on the Te Kawerau Pā vesting date.
2: The reservation of Te Kawerau Pā (being part of Tiritiri Matangi Island Scientific Reserve) as a scientific reserve subject to the Reserves Act 1977
3: The fee simple estate in Te Kawerau Pā vests in the trustees, subject to section 67
4: Te Kawerau Pā is declared a reserve and classified as a scientific reserve subject to section 21
5: Despite the vesting under subsection (3), the Reserves Act 1977
6: To avoid doubt, as a result of subsection (5),—
a: the reserve is not vested in, or managed and controlled by, an administering body; and
b: the Crown continues to administer, control, and manage the reserve; and
c: the Crown continues to retain all income, and be responsible for all liabilities, in relation to the reserve; and
d: the reserve continues to form part of the Hauraki Gulf Marine Park established under section 33
e: the reserve continues to be land to which clause 11
7: However, the Minister of Conservation must not—
a: authorise the exchange of Te Kawerau Pā under the Reserves Act 1977
b: revoke the reserve status of Te Kawerau Pā (but may reclassify it) under that Act.
8: For the purposes of the Forest and Rural Fires Act 1977 section 2(1)
67: Te Kawerau Pā vests subject to, or together with, interests
1: Te Kawerau Pā vests in the trustees under section 66
a: the interests listed for the property in the third column of the table in Schedule 3
b: any other interests affecting the property on the Te Kawerau Pā vesting date.
2: If, on the Te Kawerau Pā vesting date, Te Kawerau Pā is affected by an interest in land, the interest applies as if the Crown were the grantor, or the grantee, as the case may be, of the interest in respect of Te Kawerau Pā.
3: Any interest in land that affects Te Kawerau Pā must be dealt with for the purposes of registration as if the Crown were the registered proprietor of the land.
4: Subsections (2) and (3) continue to apply despite any subsequent transfer of the reserve land under section 90
5: Subsections (6) and (7) apply if Te Kawerau Pā vests subject to an interest (other than an interest in land), whether or not the interest also applies to land outside the property.
6: The Crown remains the grantor of the interest.
7: The interest applies—
a: until the interest expires or is terminated, but any subsequent transfer of the property must be ignored in determining whether the interest expires or is or may be terminated; and
b: with any necessary modifications; and
c: despite any change in status of the land in Te Kawerau Pā. Properties vested in fee simple subject to conservation covenant
68: Muriwai
1: The reservation of Muriwai (being part of Motutara Settlement Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Muriwai 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 Muriwai on the terms and conditions set out in part 7.1 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
69: Opareira
1: The reservation of Opareira (being part of Henderson Valley Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Opareira 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 Opareira on the terms and conditions set out in part 7.2 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
70: Parihoa site A
1: Parihoa site A ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Parihoa site A vests in the trustees.
3: Subsections (1) and (2) do not take effect until the trustees have provided the Crown with—
a: a registrable covenant in relation to Parihoa site A on the terms and conditions set out in part 7.3 of the documents schedule; and
b: a registrable easement in gross for a right of way on the terms and conditions set out in part 7.4 of the documents schedule.
4: The covenant is to be treated as a conservation covenant for the purposes of section 77 Kopironui property vested in fee simple
71: Interpretation
In sections 72 to 79 84 Kopironui vesting date
a: the later of the following:
i: 20 working days after the order of the Māori Land Court is notified in the Gazette section 79
ii: 20 working days after the registration of the Woodhill Crown forestry licences resulting from the processes referred to in section 90(1)(b)
b: if section 72(2) Ministers Ngāti Whātua o Kaipara section 12 relevant trustees
a: the Te Kawerau Iwi Settlement Trust:
b: the Ngā Maunga Whakahii o Kaipara Development Trust specified iwi
a: Te Kawerau ā Maki:
b: Ngāti Whātua o Kaipara.
72: Fee simple estate in Kopironui property vested
1: On and from the Kopironui vesting date,—
a: the Kopironui property ceases to be Crown forest land; and
b: the fee simple estate in the Kopironui property vests in the relevant trustees specified by order of the Māori Land Court in accordance with section 77
2: However, if the order of the Māori Land Court given in accordance with section 77
73: Licensor or joint licensors
1: On the Kopironui vesting date, the Crown must give notice under section 17(4)(b) section 8HB(1)(a)
2: Notice given by the Crown under subsection (1) 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 Kopironui vesting date.
3: The relevant trustees specified by the Māori Land Court in accordance with section 77(2)
a: on the Kopironui vesting date; and
b: under section 36
4: However, section 36(1)(b) Jurisdiction of Māori Land Court in relation to Kopironui property
74: Proceedings to determine ownership of Kopironui property
1: The Ministers must, as soon as practicable after the settlement date, apply to the Māori Land Court under this section for an order of the kind described in section 75
2: An application under this section must be—
a: made in form 1
b: filed in the office of the Chief Registrar of the Māori Land Court.
3: The provisions of sections 78 79
4: The Māori Land Court has jurisdiction to make an order in accordance with section 77
75: Determination by Māori Land Court
1: As soon as practicable after the application is filed under section 74
2: The Chief Judge or the Judge to whom the application is allocated must inquire into and determine—
a: which of the specified iwi is entitled to receive the beneficial interest in the Kopironui property; or
b: if both specified iwi are entitled to receive a share in the beneficial interest in the Kopironui property,—
i: how the beneficial interest in the property is to be shared between the 2 specified iwi; and
ii: what proportion of the beneficial interest in the property each of the specified iwi is entitled to receive; and
iii: whether the property should be subdivided.
3: The Māori Land Court—
a: must make an order accordingly; but
b: must not make an order in respect of any iwi or person other than the specified iwi.
4: If the Māori Land Court determines that the property be subdivided, the court must determine—
a: how the land is to be subdivided; and
b: whether any right of way easements are necessary to provide access to any part of the Kopironui property, including any terms that the court thinks appropriate (but subject to any Crown forestry licence that applies to the whole of the Kopironui property).
5: In making a determination under this section, the Māori Land Court—
a: must consider evidence as to the identity of persons or groups of persons who were owners of the Kopironui property at the time that the property was alienated from Māori ownership and evidence as to the identity of the successors of those owners:
b: may consider evidence as to—
i: the identity of persons or groups of persons to whom title in the Kopironui Block was awarded—
A: in 1871; and
B: when the Block was later partitioned:
ii: the owners of the Kopironui Block, excluding the Kopironui property, on the settlement date:
iii: any other matters relevant to the required determination.
6: In subsection (5), Kopironui Block
76: Agreement by consent order
1: This section applies if, at any time before the Māori Land Court makes an order under section 75
a: which of the relevant trustees is entitled to receive the fee simple estate in the whole or a part of the Kopironui property; or
b: that both relevant trustees are entitled to share the fee simple estate in the whole or a part of the Kopironui property, and the proportion for each.
2: The relevant trustees must advise the Chief Registrar of the Māori Land Court in writing of the agreement they have entered into, giving sufficient proof of the agreement and in sufficient detail to enable the Māori Land Court to make an order in accordance with section 77
3: The Māori Land Court must issue a consent order to give effect to the agreement if the court is satisfied that the agreement—
a: meets the requirements of subsection (2); and
b: makes provision for all of the land comprising the Kopironui property.
77: Order of Court
1: An order of the Māori Land Court must record the court's determination made under section 75 section 76
2: The order must also specify, in accordance with the determination made under section 75 section 76
a: the relevant trustees in whom the fee simple estate in the Kopironui property, or any part of it, is to vest under section 72
b: if the Kopironui property is to be subdivided, how the property is to be subdivided and any access arrangements required over the Kopironui property:
c: if the fee simple estate in the Kopironui property or any part of it is to be vested in undivided shares in the relevant trustees as tenants in common, the specified shareholding for the relevant trustees. Procedural matters
78: Powers and procedures of Māori Land Court
Notification and service of application
1: As soon as practicable after the Ministers have lodged the application required by section 74 rule 5.3
2: The notices given in accordance with subsection (4) must contain—
a: a brief description of the application and of the orders sought; and
b: the date by which the persons with a right to be heard ( see
c: any other matter that the court directs must be included in a notice.
3: The only persons with a right to be heard are—
a: the relevant trustees; and
b: the Ministers. Setting down for hearing and conduct of hearing
4: The provisions of Parts 5 6 Appointment of additional members for purposes of inquiry
5: For any purpose relevant to the jurisdiction of the Māori Land Court under this subpart, the Chief Judge of the Māori Land Court may appoint 1 or more additional members of the court.
6: An additional member—
a: must have the knowledge and experience relevant to the matter to which the application relates; but
b: is not a Judge of the Māori Land Court.
7: The Chief Judge of the Māori Land Court, before appointing a person under subsection (5), must consult the relevant trustees and the Ministers about the knowledge and experience any such person should have.
8: The following provisions of Te Ture Whenua Maori Act 1993 apply, with any necessary modification, if an additional member is appointed under subsection (5):
a: section 34
b: section 35
c: section 36
79: Service and notification of order
1: As soon as is reasonably practicable after an order made in accordance with section 77 section 41
2: The Ministers must notify the order in the Gazette General provisions applying to vesting of cultural redress properties
80: Vesting of share of fee simple estate in property
In this subpart, a reference to the vesting of a cultural redress property, or the vesting of the fee simple estate in a cultural redress property, includes the vesting of an undivided share of the fee simple estate in the property.
81: Properties vest subject to or together with interests
1: 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 3
2: Subsection (1) does not apply to Te Kawerau Pā vested under section 66 section 72
3: In the case of the Kopironui property, subsection (4) applies if, in accordance with an order of the Māori Land Court made in accordance with section 77
a: the Kopironui property is vested as a whole; or
b: the Kopironui property is subdivided.
4: The Kopironui property or each parcel of land into which the property is subdivided is subject to, or has the benefit of,—
a: any interest listed for the Kopironui property in the third column of the table in Schedule 3
b: any other interests that are granted in relation to the Kopironui property, or in relation to the relevant parcel of the Kopironui property, whether before that vesting date or as a condition of the vesting.
82: Interests that are not interests in land
1: This section applies to each of the following cultural redress properties that are subject to an interest (other than an interest in land) listed for the property in Schedule 3
a: Te Henga site B:
b: Parihoa site A.
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.
83: Registration of ownership
1: This section applies to a cultural redress property, other than the Kopironui property ( see section 84
2: Subsection (3) applies to a cultural redress 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 5 of the deed of settlement.
4: Subsection (5) applies to a cultural redress 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: Subsection (5) is subject to the completion of any survey necessary to create a computer freehold register.
7: A computer freehold register must be created under this section as soon as is reasonably practicable after the date on which the property vests, but not later than—
a: 24 months after that date; or
b: any later date that may be agreed in writing by the Crown and the trustees.
8: In this section, authorised person
a: the chief executive of the Ministry of Justice, for Te Onekiritea Point property; and
b: the Director-General, for all other properties.
84: Registration of ownership of Kopironui property
1: This section applies to the Kopironui property vested under section 72 section 77
2: The Registrar-General must, in accordance with a written application by the authorised person,—
a: create a computer freehold register for the fee simple estate in the property in the name of the relevant trustees declared by order of the Māori Land Court to be the owners of 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.
3: However, if by order of the Māori Land Court the Kopironui property is subdivided or vested in the relevant trustees as tenants in common, the Registrar-General must, in accordance with a written application by the authorised person,—
a: create computer freehold registers, as the case may require,—
i: for the fee simple estate in the parcels of the Kopironui property in the names of the relevant trustees identified by the court in respect of the parcels; or
ii: if the Kopironui property or part of it is vested in the relevant trustees as tenants in common, for specified undivided shares of the fee simple estate in the property or the relevant part of the property in the names of the relevant trustees; and
b: record on each computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.
4: Subsections (2) and (3) are subject to the completion of any survey necessary to create a computer freehold register.
5: A computer freehold register must be created under this section as soon as is reasonably practicable after the Kopironui vesting date, but not later than—
a: 24 months after that vesting date; or
b: any later date that may be agreed in writing by the Crown and the relevant trustees identified by the Māori Land Court as provided for in section 77
6: In this section, authorised person
85: 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: 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
4: Subsections (2) and (3) do not limit subsection (1).
5: Subsection (3) does not apply to Te Kawerau Pā.
86: 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 Te Kawerau Pā),—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 85(3) 90
b: for Te Kawerau Pā,—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 66(5) to (7) 67(3) 90
c: 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, 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 85(3) 90
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: The Registrar-General must comply with an application received in accordance with subsection (3)(a).
5: Subsection (3) does not apply to Te Kawerau Pā.
87: 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.
88: 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, but does not apply to Te Kawerau Pā.
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
89: Application of other enactments to reserve properties
1: The trustees are the administering body of a reserve property.
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)
6: Subsections (1) to (4) do not apply to Te Kawerau Pā.
90: 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 Te Kawerau Pā may only be transferred in accordance with section 92
3: The fee simple estate in the reserve land in any other property may only be transferred in accordance with section 91 92
4: In this section and sections 91 to 93 reserve land
91: 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—
a: to comply with the requirements of the Reserves Act 1977
b: to perform the duties of an administering body under that Act.
3: The Registrar-General must, upon 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.
92: 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) apply.
93: Reserve land not to be mortgaged
The owners of reserve land must not mortgage, or give a security interest in, the reserve land.
94: 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
3: Commercial redress
95: Interpretation
In subparts 1 to 3 Auckland Prison Housing Block Housing Block
a: an effective Housing Block purchase notice has been given; and
b: the requirements for transfer under the Ngāti Whātua o Kaipara deed of settlement have been satisfied 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 licensed land, means the licence described in the second column of the table in part 3 of the property redress schedule Crown forestry rental trust section 34 Crown forestry rental trust deed deferred selection property effective Housing Block purchase notice section 82 Housing Block nominee land holding agency
a: the land holding agency specified, for the commercial redress property, in part 3 of the property redress schedule:
b: the land holding agency specified, for a deferred selection property, in part 4 of the property redress schedule:
c: for the Housing Block, the Department of Corrections licensed land
a: means the property described as licensed land in part 3 of the property redress schedule; but
b: excludes—
i: trees growing, standing, or lying on the land; and
ii: improvements that have been—
A: acquired by a 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 licensee licensor Ngāti Whātua o Kaipara deed of settlement section 11 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 right of access section 106
1: Transfer of commercial redress property and deferred selection properties
96: The Crown may transfer properties
1: To give effect to part 6 of the deed of settlement, the Crown (acting by and through the chief executive of the land holding agency) is authorised—
a: to transfer the fee simple estate in the commercial redress property or a deferred selection property to the trustees; and
b: to transfer the fee simple estate in the Housing Block to 1 or more governance entities that give an effective Housing Block purchase notice or to a Housing Block nominee; and
c: to sign a transfer instrument or other document, or do anything else, as necessary to effect the transfer.
2: Subsection (3) applies if the Housing Block or a deferred selection property is subject to a resumptive memorial recorded under an enactment listed in section 16(2)
3: As soon as is reasonably practicable after the date on which the Housing Block or a deferred selection property is transferred under subsection (1), 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 17
4: In this section, governance entity
a: the trustees:
b: the trustees of the Ngā Maunga Whakahii o Kaipara Development Trust.
97: Transfer of share of fee simple estate in Housing Block
In this Part, a reference to the transfer of the Housing Block, or the transfer of the fee simple estate in that property, includes the transfer of an undivided share of the fee simple estate in the property.
98: 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 the commercial redress property or a deferred selection 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)
99: Computer freehold registers for deferred selection properties and Housing Block
1: This section applies to each of the following properties that is to be transferred under section 96
a: a deferred selection property:
b: the Housing Block.
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: in the case of the Housing Block, if so required by the written application, create 2 computer freehold registers for the fee simple estate in the property in the name of the Crown, each for an undivided specified share of the fee simple estate in the Housing Block; and
c: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application; but
d: omit any statement of purpose from the computer freehold register.
4: Subsection (2) does not apply to the Housing Block if an undivided share of the fee simple estate in the property is transferred under section 96
5: Subsection (3) is subject to the completion of any survey necessary to create a computer freehold register.
6: In this section and sections 100 101 authorised person
100: Computer freehold register for licensed land
1: This section applies to the licensed land that is to be transferred to the trustees under section 96
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.
101: Authorised person may grant covenant for later creation of computer freehold register
1: For the purposes of sections 99 100
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.
102: Application of other enactments
1: This section applies to the transfer of the fee simple estate in the commercial redress property, a deferred selection property, or the Housing Block under section 96
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 96
7: Subsection (6) is subject to subsections (2) and (3).
2: Licensed land
103: Licensed land ceases to be Crown forest land
1: The licensed land ceases to be Crown forest land upon the registration of the transfer of the fee simple estate in the land to the 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
104: Trustees are confirmed beneficiaries and licensors of licensed land
1: The trustees are the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed in relation to the licensed land.
2: The effect of subsection (1) is that—
a: the trustees are entitled to the rental proceeds payable for the licensed land to the trustees of the Crown forestry rental trust under the Crown forestry licence since the commencement of the licence; and
b: all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees are the confirmed beneficiaries in relation to the licensed land.
3: The Crown must give notice under section 17(4)(b) section 8HB(1)(a)
4: Notice given by the Crown under subsection (3) has effect as if—
a: the Waitangi Tribunal made a recommendation under section 8HB(1)(a)
b: the recommendation became final on the settlement date.
5: The trustees are the licensors under the Crown forestry licence as if the licensed land were returned to Māori ownership—
a: on the settlement date; and
b: under section 36
6: However, section 36(1)(b)
105: Effect of transfer of licensed land
1: Section 104
a: the transfer of the fee simple estate in the licensed land has been registered; or
b: the processes referred to in section 90(1)(b)
2: For the period (if any) starting on the settlement date and ending with the completion of the processes referred to in subsection (1), the licence fee payable under the Crown forestry licence in respect of the licensed land is the amount calculated in the manner described in paragraphs 8.22 and 8.23 of the property redress schedule.
3: However, the calculation of the licence fee under subsection (2) is overridden by any agreement made by the trustees as licensor, the licensee, and the Crown.
3: Access to protected sites
106: 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 cultural, historical, or spiritual 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 that are reasonably required—
i: for the safety of people; or
ii: for the protection of land, improvements, flora and fauna, plant and equipment, or livestock; or
iii: for operational reasons.
107: Right of access over licensed land
1: A right of access over licensed land 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.
108: Right of access to be recorded on computer freehold registers
1: This section applies to the transfer to the trustees of the licensed land.
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, upon 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
109: Interpretation
In this subpart and Schedule 4 approving Marutūāhu Iwi collective legislation approving Ngāti Whātua settlement legislation Auckland Council section 6(1) Auckland Prison
a: means the land described as Paremoremo Prison in the second table in part 3A of the attachments if, on the settlement date,—
i: the land is vested in the Crown; or
ii: the fee simple estate is held by the Crown; and
b: includes any land obtained in exchange for a disposal of Auckland Prison under section 126(1)(c) 127 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 in section 7(1)
b: a State enterprise, as defined in 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, a fixture, or a fitting from the land exclusive RFR land section 111 expiry date sections 115(2)(a) 116 governance entity
a: in relation to Auckland Prison,—
i: the trustees:
ii: the trustees of the Ngā Maunga Whakahii o Kaipara Development Trust:
b: in relation to exclusive RFR land, the trustees:
c: in relation to non-exclusive RFR land,—
i: the trustees:
ii: the Marutūāhu Iwi governance entity:
iii: the Ngāti Whātua governance entity Marutūāhu Iwi Marutūāhu Iwi collective redress deed Marutūāhu Iwi governance entity Ngāti Whātua section 4(2) Ngāti Whātua deed of settlement Ngāti Whātua governance entity non-exclusive RFR land
a: means the land that is within the RFR area that, on the RFR date for that land,—
i: is vested in the Crown; or
ii: is held in fee simple by the Crown; or
iii: is a reserve vested in an administering body that derived title to the reserve from the Crown and that would, on application of section 25 27
b: includes any land obtained in exchange for a disposal of non-exclusive RFR land under section 126(1)(c) 127 notice offer section 115 public work section 2 related company section 2(3) relevant approving legislation RFR area RFR date section 113
a: Auckland Prison; and
b: the exclusive RFR land; and
c: the non-exclusive RFR land RFR landowner
a: means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
b: means a Crown body, if the body holds the fee simple estate in the land; and
c: means the Auckland Council, if the Council holds the fee simple estate in the Te Onekiritea Point land ( see section 124(2)
d: includes a local authority to which RFR land has been disposed of under section 121(1)
e: to avoid doubt, does not include an administering body in which RFR land, except the Te Onekiritea Point land, is vested—
i: on the settlement date; or
ii: after the settlement date, under section 122(1) RFR period
a: for Auckland Prison, the period of 170 years on and from the earlier of—
i: the settlement date; and
ii: the date that is 36 months after the date defined as the settlement date in section 11
b: for the exclusive RFR land, the period of 172 years on and from the settlement date:
c: for the non-exclusive RFR land, the period of 173 years on and from the earlier of—
i: the date that is 36 months after the settlement date under this Act; and
ii: the later of the settlement dates under the relevant approving legislation subsidiary section 5 Te Onekiritea Point land
110: Meaning of RFR land
1: In this subpart, RFR land
a: Auckland Prison; and
b: the exclusive RFR land; and
c: the non-exclusive RFR land.
2: Land ceases to be RFR land if—
a: the fee simple estate in the land transfers from the RFR landowner to—
i: a governance entity or their nominee (for example, under a contract formed under section 119
ii: any other person (including the Crown or a Crown body) under section 114(3)
b: the fee simple estate in the land transfers or vests from the RFR landowner in accordance with a waiver or variation given under section 142
c: the RFR period for the land ends; or
d: for RFR land required for another Treaty settlement, notice is given in relation to the land under section 112
3: Except as provided for the Te Onekiritea Point land in section 124(2)
a: under any of sections 123 to 130
b: under any matter referred to in section 131(1)
111: Meaning of exclusive RFR land
1: In this subpart, exclusive RFR land
a: means the land described as Clark House in part 3A of the attachments; and
b: means the Te Onekiritea Point land; and
c: includes any land that has ceased to be a deferred selection property under clause 6.6B of the deed of settlement on or before the settlement date; and
d: includes any land obtained in exchange for a disposal of exclusive RFR land under section 126(1)(c) 127
2: Subsection (1)(a) to (c) applies only if, on the settlement date,—
a: the land is vested in the Crown or is held in fee simple by the Crown or the Auckland Council; and
b: in respect of the land referred to in subsection (1)(c), the land is not subject to a contract formed under section 127
3: If, after the settlement date, land ceases to be a deferred selection property under clause 6.6B of the deed of settlement, that land becomes exclusive RFR land.
4: In subsections (1)(c) and (3), deferred selection property
112: RFR land required for another Treaty of Waitangi settlement
1: The Minister for Treaty of Waitangi Negotiations must, for non-exclusive RFR land required for the settlement of other historical Treaty claims, give notice to the following persons that the land is to cease being RFR land:
a: the RFR landowner; and
b: each of the following governance entities:
i: the trustees:
ii: the Marutūāhu Iwi governance entity:
iii: the Ngāti Whātua governance entity.
2: The notice may be given at any time before a contract is formed under section 119
3: In this section, historical Treaty claim section 2 Application of this subpart
113: When this subpart comes into effect
The provisions of this subpart come into effect as follows:
a: for Auckland Prison, on the settlement date; and
b: for the exclusive RFR land, on the settlement date; and
c: for the non-exclusive RFR land, on the earlier of—
i: the date that is 36 months after the settlement date under this Act; and
ii: the later of the settlement dates under the relevant approving legislation. Restrictions on disposal of RFR land
114: Restrictions on disposal of RFR land
1: An RFR landowner must not dispose of RFR land other than to the trustees or a governance entity referred to in subsection (3)(a)(ii) or (4)(b) who have or that has accepted an offer to dispose of RFR land under section 118
2: However, subsection (1) does not apply if the land is disposed of—
a: under any of sections 120 to 130
b: under any matter referred to in section 131(1)
c: in accordance with a waiver or variation given under section 142
d: in accordance with subsection (3).
3: An RFR landowner may dispose of RFR land to any person within 2 years after the expiry date of an offer made by the RFR landowner if the offer was,—
a: in the case of Auckland Prison, made by notice to—
i: the trustees; and
ii: the trustees of the Ngā Maunga Whakahii o Kaipara Development Trust:
b: in the case of exclusive RFR land, made by notice to the trustees:
c: in the case of non-exclusive RFR land, made by notice in accordance with subsection (4).
4: In the case of non-exclusive RFR land, a notice of offer must be given,—
a: if the settlement dates under both the approving Marutūāhu Iwi collective legislation and the approving Ngāti Whātua settlement legislation have not occurred at the date of offer, to the trustees; or
b: if the settlement date under the relevant approving legislation has occurred at the date of offer,—
i: to the trustees; and
ii: to the relevant approving governance entity.
5: In every case where notice has been given under subsection (3)(a) or (b) or (4), the offer must—
a: have been made in accordance with section 115
b: have been made on terms that are the same as, or more favourable to, the relevant governance entity than, the terms of the disposal to the other person; and
c: not have been withdrawn under section 117
d: not have been accepted under section 118
6: In subsection (4)(b), relevant approving governance entity
a: the Marutūāhu Iwi governance entity if the settlement date under any approving Marutūāhu Iwi collective legislation has occurred:
b: the Ngāti Whātua governance entity if the settlement date under any approving Ngāti Whātua settlement legislation has occurred. Governance entities' right of first refusal
115: Requirements for offer
1: An offer by an RFR landowner to dispose of RFR land to a governance entity must be by notice to the governance entity.
2: The notice must include—
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 for the land; and
c: a statement that identifies the RFR land as exclusive RFR land or non-exclusive RFR land; and
d: a street address for the land (if applicable); and
e: a street address, postal address, and fax number or electronic address for the governance entity to give notices to the RFR landowner in relation to the offer.
116: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 40 working days after the date on which the governance entity receives notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 20 working days after the date on which the governance entity receives notice of the offer if—
a: the governance entity received an earlier offer to dispose of the land; and
b: the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and
c: the earlier offer was not withdrawn.
3: For an offer of non-exclusive RFR land or the Auckland Prison, if the RFR landowner receives notices of acceptance from 2 or more governance entities to which the offer was made at the expiry date specified in the notice given under section 115 section 118(4)
117: Withdrawal of offer
The RFR landowner may, by notice to the relevant governance entity, withdraw an offer at any time before it is accepted.
118: Acceptance of offer
1: A governance entity 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: A governance entity must accept all the RFR land offered, unless the offer permits it to accept less.
3: In the case of an offer of non-exclusive RFR land or the Auckland Prison, the offer is accepted if, at the expiry date, the RFR landowner has received notice of acceptance from only 1 of the governance entities to which the offer was made.
4: In the case of an offer of non-exclusive RFR land or the Auckland Prison, if the RFR landowner has received, at the end of the expiry date specified in the notice of offer given under section 115
a: specifying the governance entities from which acceptance notices have been received; and
b: stating that the offer may be accepted by only 1 of those governance entities before the end of the 20th working day after the day on which the RFR landowner's notice is received under this subsection.
5: However, in the case of non-exclusive RFR land, if the 2 or more governance entities are unable to agree which of them is to provide a notice of acceptance, subsections (6) to (8) apply.
6: Not later than the 20th working day referred to in subsection (4)(b),—
a: the 2 or more governance entities must jointly appoint and authorise a solicitor (as defined in section 6
b: the RFR landowner must receive written notice confirming which one of the 2 or more governance entities may provide a notice of acceptance.
7: In subsection (6), ballot
8: A notice given under subsection (6) must—
a: confirm that the solicitor or Justice of the Peace was authorised by the 2 or more governance entities to conduct a ballot under that subsection; and
b: state the result of that ballot; and
c: attach the notice of acceptance duly signed by the relevant governance entity; and
d: be signed and dated by the solicitor or Justice of the Peace.
9: If subsections (6) and (8) apply, only the notice given under subsection (8)(c) is valid.
119: Formation of contract
1: If a governance entity accepts, under section 118
2: The terms of the contract may be varied by written agreement between the RFR landowner and the governance entity.
3: Under the contract, the governance entity may nominate any other person (the nominee
4: The governance entity may nominate a nominee only if—
a: the nominee is lawfully able to hold the RFR land; and
b: notice is given 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 governance entity nominates a nominee, the governance entity remains liable for the obligations of the transferee under the contract. Disposals to others but land remains RFR land
120: 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 120(2) amended 1 August 2020 section 668 Education and Training Act 2020
121: 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,—
a: in the case of the Te Onekiritea Point land, the RFR landowner may dispose of that land to the Auckland Council for the purposes of a reserve; and
b: if RFR land is disposed of to a local authority, the local authority becomes—
i: the RFR landowner of the land; and
ii: subject to the obligations of an RFR landowner under this subpart.
122: 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
123: Disposal in accordance with obligations under 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.
124: Disposal in accordance with legal or equitable obligations
1: 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 for that land) of an option existing before the RFR date for that land; or
b: the requirements, existing before the RFR date for that land, of a gift, an endowment, or a trust relating to the land.
2: If the RFR landowner disposes of the Te Onekiritea Point land to the Auckland Council in accordance with subsection (1) for the purposes of a reserve,—
a: the land does not cease to be RFR land; and
b: the Auckland Council becomes—
i: the RFR landowner of the land; and
ii: subject to the obligations of an RFR landowner under this subpart.
125: 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)
d: an Act that—
i: excludes the land from a national park within the meaning of the National Parks Act 1980
ii: authorises that land to be disposed of in consideration or part consideration for other land to be held or administered under the Conservation Act 1987 National Parks Act 1980 Reserves Act 1977
126: 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 Māori Land Court under section 134 section 41(1)(e)
127: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
128: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
129: Disposal to tenants
The Crown may dispose of RFR land—
a: that was held on the RFR date for that land 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 for that land; or
ii: on or after the RFR date for that land under a right of renewal in a lease granted before the RFR date for that land; or
c: under section 93(4)
130: Disposal by Housing New Zealand Corporation
1: The Crown, Housing New Zealand Corporation, or any of that corporation's subsidiaries may dispose of the Te Onekiritea Point land if—
a: that land is Crown-owned land held for State housing purposes; and
b: the disposal is for State housing purposes under the Housing Act 1955
2: It is sufficient proof, for the purposes of subsection (1), that the disposal is for State housing purposes if the notice given under section 133
a: is signed by—
i: the chief executive of the department of State responsible for the administration of the Housing Act 1955
ii: the chief executive of Housing New Zealand Corporation; and
b: states that the disposal is in accordance with this section. RFR landowner obligations
131: 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 a governance entity; 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
132: 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 that 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 that 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.
133: Notice to governance entities of disposal of RFR land to others
1: An RFR landowner must give notice of the disposal of RFR land by the landowner,—
a: in the case of Auckland Prison, to the trustees and the trustees of the Ngā Maunga Whakahii o Kaipara Development Trust, if the disposal is to a person other than those trustees or their nominees; and
b: in the case of exclusive RFR land, to the trustees, if the disposal is to a person other than the trustees or their nominee; and
c: in the case of non-exclusive RFR land, to the trustees, the Marutūāhu Iwi governance entity, and the Ngāti Whātua governance entity, if the disposal is to a person other than the trustees or those governance entities or their nominees.
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, including 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 114
f: if the disposal is to be made under section 114(3)
4: The requirement under subsection (1)(c) to notify—
a: the Marutūāhu Iwi governance entity applies only if, before the date of the notice, approving Marutūāhu Iwi collective legislation has been enacted; and
b: the Ngāti Whātua governance entity applies only if, before the date of the notice, approving Ngāti Whātua settlement legislation has been enacted.
134: 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: a governance entity or its nominee (for example, under a contract formed under section 119
ii: any other person (including the Crown or a Crown body) under section 114(3)
b: 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 142
c: 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 123 to 130
ii: under any matter referred to in section 131(1)
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.
4: Subsections (5) and (6) apply if land contained in a computer register ceases to be RFR land because a notice has been given under section 112
5: The RFR landowner must, as soon as practicable after receiving the notice under section 112
6: The notice must include—
a: the legal description of the land; and
b: the reference for the computer register for the land; and
c: a copy of the notice given under section 112
135: Notice to governance entities if disposal of non-exclusive RFR land being considered
1: This section applies if an RFR landowner is considering whether to dispose of non-exclusive RFR land in a way that may require an offer under this subpart.
2: The RFR landowner must give notice to each governance entity that, if the landowner decides to dispose of the land, the landowner may be required to offer the land to that governance entity under this subpart.
3: The notice must be given immediately before the RFR landowner commences the processes under any of the following provisions, as relevant:
a: section 52
b: section 23
c: section 40
d: any other enactment that regulates or applies to the disposal of the land.
4: The notice must—
a: specify the legal description of the land; and
b: identify any computer register that contains the land; and
c: specify the street address for the land or, if it does not have a street address, include a description or a diagram with enough information to enable a person not familiar with the land to locate it.
5: To avoid doubt, a notice given under this section does not, of itself, mean that an obligation has arisen under—
a: section 564(3) Education and Training Act 2020 sections 40 to 42 Education and Training Act 2020
b: sections 23(1) 24(4)
c: section 40
6: In this section, dispose of Section 135(5)(a) amended 1 August 2020 section 668 Education and Training Act 2020
136: Notice to governance entities if disposal of Auckland Prison being considered
1: This section applies if an RFR landowner is considering whether to dispose of Auckland Prison in a way that may require an offer under this subpart.
2: The RFR landowner must give notice to any governance entity to which the offer would be made under this subpart if the land were to be disposed of.
3: The notice must—
a: specify the legal description of the land; and
b: identify any computer register that contains the land; and
c: specify the street address for the land or, if it does not have a street address, include a description or a diagram with enough information to enable a person not familiar with the land to locate it.
4: To avoid doubt, a notice given under this section does not, of itself, mean that an obligation has arisen under—
a: section 564(3) Education and Training Act 2020 sections 40 to 42 Education and Training Act 2020
b: sections 23(1) 24(4)
c: section 40 Section 136(4)(a) amended 1 August 2020 section 668 Education and Training Act 2020
137: Notice requirements
Schedule 4
a: an RFR landowner; or
b: a governance entity. Right of first refusal recorded on computer registers
138: Right of first refusal to be 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 that land; and
b: the RFR land for which a computer register is first created after the RFR date for that land; and
c: land for which there is a computer register and that becomes RFR land after the settlement date.
2: The chief executive must issue a certificate as soon as is reasonably practicable—
a: after the RFR date for the land, for RFR land for which there is a computer register on that date; or
b: after receiving a notice under section 132
3: Each certificate must state that it is issued under this section.
4: The chief executive must provide a copy of each certificate, as soon as is reasonably practicable after issuing the certificate, if the certificate—
a: is for Auckland Prison, to—
i: the trustees; and
ii: the trustees of the Ngā Maunga Whakahii o Kaipara Development Trust:
b: is for exclusive RFR land, to the trustees:
c: is for non-exclusive RFR land,—
i: to the trustees; and
ii: if approving Marutūāhu Iwi collective legislation has been enacted, to the Marutūāhu governance entity; and
iii: if approving Ngāti Whātua settlement legislation has been enacted, to the Ngāti Whātua governance entity.
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 110
b: subject to this subpart (which restricts disposal, including leasing, of the land).
139: 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 134(2)
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 as soon as is reasonably practicable after issuing the certificate, in accordance with the requirements of section 138(4)
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 notification recorded under section 138
140: Removal of notifications when notice given under section 112
1: The chief executive of LINZ must, as soon as is reasonably practicable after receiving a notice under section 134(5)
a: the legal description of the land; and
b: the reference for the computer register for the land; and
c: a copy of the notice given under section 112
d: a statement that the certificate is issued under this section.
2: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove from the computer register identified in the certificate any notification recorded under section 138
141: 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 that RFR land that still has a notification recorded under section 138
b: a statement that the certificate is issued under this section.
2: The chief executive must provide a copy of each certificate, as soon as is reasonably practicable after issuing the certificate, in accordance with the requirements of section 138(4)
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 138 General provisions applying to right of first refusal
142: Waiver and variation
1: A governance entity may, by notice to an RFR landowner, waive any or all of the rights the governance entity has in relation to the landowner under this subpart.
2: A governance entity 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: The trustees, the Marutūāhu Iwi governance entity, and the Ngāti Whātua governance entity, or any 2 of those bodies, may agree in writing that 1 of them may exercise, on behalf of those who agree, any right provided for by this subpart that would otherwise be exercised by each of them separately.
4: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.
143: 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.
144: Assignment of rights and obligations under this subpart
1: Subsection (3) applies if the 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 document; and
b: has given the notices required by subsection (2).
2: The RFR holder must give a notice 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 they 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 4 apply to the assignees (instead of to the RFR holder) as if the assignees were the trustees, with any necessary modifications.
4: In this section,— constitutional document RFR holder
a: they are the trustees; or
b: they have previously been assigned those rights and obligations under this section. |
DLM5976602 | 2015 | Health and Safety at Work Act 2015 | 1: Title
This Act is the Health and Safety at Work Act 2015.
2: Commencement
1: Subpart 4 of Part 5
2: The rest of this Act comes into force on 4 April 2016
1: Health and safety at work
1: Preliminary provisions
3: Purpose
1: The main purpose of this Act is to provide for a balanced framework to secure the health and safety of workers and workplaces by—
a: protecting workers and other persons against harm to their health, safety, and welfare by eliminating or minimising risks arising from work or from prescribed high-risk plant; and
b: providing for fair and effective workplace representation, consultation, co-operation, and resolution of issues in relation to work health and safety; and
c: encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting PCBUs and workers to achieve a healthier and safer working environment; and
d: promoting the provision of advice, information, education, and training in relation to work health and safety; and
e: securing compliance with this Act through effective and appropriate compliance and enforcement measures; and
f: ensuring appropriate scrutiny and review of actions taken by persons performing functions or exercising powers under this Act; and
g: providing a framework for continuous improvement and progressively higher standards of work health and safety.
2: In furthering subsection (1)(a), regard must be had to the principle that workers and other persons should be given the highest level of protection against harm to their health, safety, and welfare from hazards and risks arising from work or from specified types of plant as is reasonably practicable. Model Work Health and Safety Act (Aust) s 3
4: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
2: Application of Act
5: Application of Act to the Crown
1: This Act binds the Crown.
2: An instrument of the Crown that is a Crown organisation (whether or not a body corporate)—
a: must be treated as if it were a separate legal personality for the purpose of complying with this Act; and
b: may be a PCBU in its own right.
3: An instrument of the Crown that is not a Crown organisation or a body corporate—
a: does not have separate legal personality; and
b: may not be a PCBU in its own right.
4: This section is subject to section 6 1992 No 96 s 3
6: Enforcement of Act against the Crown
1: This Act may be enforced against the Crown only in the manner provided in this section. Prosecution of offences
2: An instrument of the Crown may be prosecuted for an offence against this Act, but only if—
a: it is a Crown organisation; and
b: the proceedings are commenced—
i: against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and
ii: in accordance with the Crown Organisations (Criminal Liability) Act 2002 Issue of infringement notices
3: An infringement notice may be served on an instrument of the Crown, in accordance with this Act, but only if—
a: it is a Crown organisation; and
b: it is liable to be proceeded against for the alleged offence under subsection (2); and
c: the notice is served on the Crown organisation in its own name. Injunctions
4: Despite section 17(1)(a)
a: it is a Crown organisation; and
b: the order or injunction is made against the Crown organisation in its own name. Notices issued under this Act
5: A notice issued under this Act may be issued against an instrument of the Crown, in accordance with this Act, but only if—
a: it is a Crown organisation; and
b: it is issued against the Crown organisation in its own name. 1992 No 96 s 3(2), (3)
7: Application of Act to Armed Forces
1: Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to the defence of New Zealand.
2: Subject to this section, section 13 section 213
3: This Act does not apply to—
a: a worker who—
i: is a member of the Armed Forces while the worker is carrying out any operational activity; or
ii: is carrying out work for the Armed Forces at a place outside New Zealand at which the Armed Forces are carrying out any operational activity:
b: any military aircraft or naval ship operating in an area in which the deployment of the aircraft or ship is an operational activity.
4: In this section, operational activity
a: means—
i: any service in time of war or other like emergency or in the event of any actual or imminent emergency involving the deployment of the Armed Forces overseas:
ii: any other service carried out by the Armed Forces overseas that is authorised by the Government of New Zealand and that involves peacekeeping, the maintenance or restoration of law and order or the functioning of government institutions, or any other activity in respect of which the Government of New Zealand wishes to provide assistance (whether or not in conjunction with personnel from 1 or more other countries):
iii: any service or activity or class of service or activity (whether carried out in New Zealand or overseas) that is declared under subsection (5) to be an operational activity for the purposes of this section; and
b: includes any training carried out (whether in New Zealand or overseas) directly in preparation for any specific operational activity within the meaning of paragraph (a)(i) to (iii).
5: The Chief of Defence Force may
6: As soon as practicable after making a declaration under subsection (5), the Chief of Defence Force must—
a: give written notice of the declaration to the Minister of Defence; and
b: provide a copy of the declaration
7: A declaration under this section is secondary legislation ( see Part 3
8:
9: In commanding the New Zealand Defence Force, the Chief of Defence Force must take into account the need to promote the purpose of this Act to the greatest extent consistent with maintaining the defence of New Zealand. Work Health and Safety Act 2011 (Aust) s 12D The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publish it on a website maintained by, or on behalf of, the New Zealand Defence Force • comply with subsection (6) 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 because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 7(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7(6)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7(7) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7(8) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
8: Application of Act to intelligence and security agencies
1: Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to the security or defence of New Zealand or the international relations of the Government of New Zealand.
2: Without limiting subsection (1),—
a: the Director-General
b: the Director-General
3: Without limiting subsection (2), a declaration may apply to—
a: a specified worker or class of workers:
b: a specified workplace or class of workplaces:
c: a specified type of work.
4: A declaration under subsection (2) may only be made with the approval of the Minister.
5: A declaration under this section is secondary legislation ( see Part 3
6: In administering the Security Intelligence Service or the Bureau and in exercising the power under subsection (2), the Director-General of Security or the Director-General of the Government Communications Security Bureau
7: A worker who is an employee of the Security Intelligence Service or the Government Communications Security Bureau may ask the Inspector-General to review a declaration made under subsection (2) to determine whether, in making the declaration, the Director-General of Security or the Director-General of the Government Communications Security Bureau (as the case requires) met the criteria in subsection (6).
8: A request by a worker under subsection (7) for a review of a declaration must be made within 14 days of the date on which the worker becomes aware, or reasonably ought to have been aware, of the declaration.
9: In this section,— Government Communications Security Bureau Bureau section 8 Inspector-General
a: means the Inspector-General of Intelligence and Security holding office under section 157
b: includes the Deputy Inspector-General of Intelligence and Security holding office under section 157 Minister
a: in relation to the New Zealand Security Intelligence Service, means the Minister responsible for the New Zealand Security Intelligence Service:
b: in relation to the Government Communications Security Bureau, means the Minister responsible for the Government Communications Security Bureau Security Intelligence Service section 7 Work Health and Safety Act 2011 (Aust) s 12C The following table is small in size and has 3 columns that are grouped under the 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 because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 8(2)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 8(2)(a) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 8(2)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 8(2)(b) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 8(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 8(6) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 8(7) replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 8(9) Government Communications Security Bureau Bureau replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 8(9) Inspector-General amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 8(9) Inspector-General amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 8(9) Minister replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 8(9) Security Intelligence Service replaced 28 September 2017 section 335 Intelligence and Security Act 2017
9: Application of Act to aircraft in operation
1: This Act applies to an aircraft in operation, wherever it may be, while the aircraft—
a: is operating on a flight beginning at a place in New Zealand and ending at that same place or at another place in New Zealand; or
b: is operating outside New Zealand, if any workers employed or engaged to work on board the aircraft are employed or engaged under an employment agreement or contract for services governed by New Zealand law.
2: For the purposes of subsection (1)(b), an aircraft operating in New Zealand as part of a flight beginning or ending outside New Zealand must be treated as operating outside New Zealand.
3: To avoid doubt, where this Act applies outside New Zealand, the provisions relating to offences apply even if an act or omission that constitutes an offence occurs in respect of an aircraft outside New Zealand.
4: In this section, in operation 1992 No 96 s 3A(2), (3), (5)
10: Application of Act to ships
1: This Act applies to a New Zealand ship wherever it may be.
2: This Act applies to a foreign ship on demise charter to a New Zealand-based operator when it is operating in New Zealand.
3: To avoid doubt, where this Act applies outside New Zealand, the provisions relating to offences apply even if an act or omission that constitutes an offence occurs in respect of a ship outside New Zealand.
4: This section does not limit or affect—
a: section 7
b: section 11 1992 No 96 s 3B(1), (4)
11: Application of Act in exclusive economic zone and in or on continental shelf
1: This Act applies to—
a: a workplace in the exclusive economic zone or in or on the continental shelf if an activity that is regulated under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Crown Minerals Act 1991
b: any aircraft or ship (including a foreign ship) operating between New Zealand and the workplace in connection with an activity to which paragraph (a) applies.
2: In this section,— continental shelf section 2(1) exclusive economic zone section 9
12: Application of Act to prescribed high-risk plant
1: This Act applies to—
a: the operation or use of prescribed high-risk plant even if the plant is not situated, operated, or used at a workplace or used in carrying out work:
b: every operator of high-risk plant even if the operator would not otherwise be a PCBU as defined in section 17
2: For the purposes of subsection (1), a reference in this Act—
a: to carrying out work includes a reference to the operation and use of prescribed high-risk plant; and
b: to a workplace includes a reference to any prescribed high-risk plant and the place at or in which the plant is situated, operated, or used; and
c: to work health and safety (however expressed) includes a reference to public health and safety.
3: This section applies subject to any prescribed exclusions or modifications. Model Work Health and Safety Act (Aust) Schedule 1 Disapplication of Part 3
13: Certain provisions of Part 3 do not apply to members of Armed Forces
1: The following provisions of Part 3
a: section 62(1)
b: section 66(1)(b)
2: Sections 83 84
14: Part 3 does not apply to volunteer workers
Nothing in Part 3
15: Part 3 does not apply to prisoners
1: Nothing in Part 3
2: In this section, prison prisoner section 3(1) Model Work Health and Safety Act (Aust) s 103
3: Interpretation
General
16: Interpretation
In this Act, unless the context otherwise requires,— ACC section 259 adverse conduct section 88 aircraft section 2(1) approved code of practice section 222 Armed Forces section 2(1) associate coroner Coroners Act 2006 authorised section 203 CAA section 72A cease work section 82 Chief of Defence Force section 8 compliance power constable section 4 construct coroner Coroners Act 2006 Crown organisation section 4 defence area section 2(1) demise charter section 2(1) demolition design
a: the design of part of the plant, substance, or structure; and
b: the redesign or modification of a design designated agency section 191 employee section 6 employment agreement section 5 enforceable undertaking section 123 engage in conduct EPA section 7 EPA control section 2(1) foreign ship section 2(1) handle hazard hazardous substance section 2(1) health health and safety medical practitioner section 181 health and safety representative subpart 2 of Part 3 home
a: means a place occupied as a dwelling house; and
b: includes any garden, yard, garage, outhouse, or other appurtenance of a home homeworker section 5 importation section 5(1) import improvement notice section 101 inspector section 163 issuing officer section 3(1) local authority section 5(1) Maritime New Zealand section 429 medical officer of health
a: has the same meaning as in section 2(1)
b: includes the officers referred to in section 22 medical practitioner
a: is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a)
b: holds a current practising certificate military aircraft Minister naval ship section 2(1) New Zealand
a: means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand (as described in section 3
b: includes—
i: all airspace within the territorial limits of New Zealand:
ii: the Ross Dependency New Zealand ship section 2(1) New Zealand Transport Agency section 93 non-disturbance notice section 108 notifiable event section 25 notifiable incident section 24 notifiable injury or illness section 23 officer section 18 person person conducting a business or undertaking PCBU section 17 personal information section 7(1) personal protective equipment
a: means anything used or worn by a person (including clothing) to minimise risks to the person’s health and safety; and
b: includes air-supplied respiratory equipment plant
a: any machinery, vehicle, vessel, aircraft, equipment (including personal protective equipment), appliance, container, implement, or tool; and
b: any component of any of those things; and
c: anything fitted or connected to any of those things prescribed high-risk plant prohibited health and safety reason section 89 prohibition notice section 105 reasonably practicable subpart 2 of Part 2 section 22 regulations regulator
a: WorkSafe; or
b: the relevant designated agency regulatory agency
a: a regulator under this Act:
b: the CAA:
c: the New Zealand Police:
d: the New Zealand Transport Agency:
e: Maritime New Zealand:
f: the EPA:
g: a local authority:
h: Fire and Emergency New Zealand
i: a medical officer of health:
j: the Ministry of Health:
k: ACC:
l: the Ministry of Business, Innovation, and Employment, including any statutory officer who carries out work for that business or undertaking:
m: a prescribed agency relevant health and safety legislation
a: this Act and regulations made under this Act:
b: any provisions of the following Acts (or any regulations made under those Acts) under which the regulator has functions:
i: Electricity Act 1992
ii: Gas Act 1992
iii: Hazardous Substances and New Organisms Act 1996
iiia: Outer Space and High-altitude Activities Act 2017
iv: WorkSafe New Zealand Act 2013 representative
a: the health and safety representative for the worker; or
b: a union representing the worker; or
c: any other person the worker authorises to represent the worker residential work
a: domestic work done or to be done in the home:
b: work done or to be done in respect of the home ship section 2(1) statutory officer
a: holding or performing duties of an office established by an enactment; or
b: performing duties expressly conferred on the person by virtue of his or her office by an enactment; or
c: holding office as the chief executive of a Crown organisation structure
a: means anything that is constructed, whether fixed, moveable, temporary, or permanent; and
b: includes—
i: buildings, masts, towers, frameworks, pipelines, quarries, bridges, and underground works (including shafts or tunnels); and
ii: any component of a structure; and
iii: part of a structure substance
a: means any natural or artificial substance in any form (for example, a solid, liquid, gas, or vapour); and
b: includes a hazardous substance supply section 21 suspension notice section 185 union section 5 volunteer volunteer worker section 19(3) work group section 64 worker section 19 workplace section 20 WorkSafe section 5 1992 No 96 s 2(1) Section 16 associate coroner inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Section 16 coroner inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Section 16 importation amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 16 New Zealand Fire Service repealed 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 16 personal information amended 1 December 2020 section 217 Privacy Act 2020 Section 16 regulatory agency amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 16 relevant health and safety legislation inserted 21 December 2017 section 92(2) Outer Space and High-altitude Activities Act 2017 Key terms
17: Meaning of PCBU
1: In this Act, unless the context otherwise requires, a person conducting a business or undertaking PCBU
a: means a person conducting a business or undertaking—
i: whether the person conducts a business or undertaking alone or with others; and
ii: whether or not the business or undertaking is conducted for profit or gain; but
b: does not include—
i: a person to the extent that the person is employed or engaged solely as a worker in, or as an officer of, the business or undertaking:
ii: a volunteer association:
iii: an occupier of a home to the extent that the occupier employs or engages another person solely to do residential work:
iv: a statutory officer to the extent that the officer is a worker in, or an officer of, the business or undertaking:
v: a person, or class of persons, that is declared by regulations not to be a PCBU for the purposes of this Act or any provision of this Act.
2: In this section, volunteer association Model Work Health and Safety Act (Aust) s 5
18: Meaning of officer
In this Act, unless the context otherwise requires, officer
a: means, if the PCBU is—
i: a company, any person occupying the position of a director of the company by whatever name called:
ii: a partnership (other than a limited partnership), any partner:
iii: a limited partnership, any general partner:
iv: a body corporate or an unincorporated body, other than a company, partnership, or limited partnership, any person occupying a position in the body that is comparable with that of a director of a company; and
b: includes any other person occupying a position in relation to the business or undertaking that allows the person to exercise significant influence over the management of the business or undertaking (for example, a chief executive); but
c: does not include a Minister of the Crown acting in that capacity; and
d: to avoid doubt, does not include a person who merely advises or makes recommendations to a person referred to in paragraph (a) or (b). Model Work Health and Safety Act (Aust) s 4
19: Meaning of worker
1: In this Act, unless the context otherwise requires, a worker
a: an employee; or
b: a contractor or subcontractor; or
c: an employee of a contractor or subcontractor; or
d: an employee of a labour hire company who has been assigned to work in the business or undertaking; or
e: an outworker (including a homeworker); or
f: an apprentice or a trainee; or
g: a person gaining work experience or undertaking a work trial; or
h: a volunteer worker; or
i: a person of a prescribed class.
2: For the purposes of subsection (1),—
a: a constable is—
i: a worker; and
ii: at work throughout the time when the constable is on duty or is lawfully performing the functions of a constable, but not otherwise:
b: a member of the Armed Forces is—
i: a worker; and
ii: at work throughout the time when the member is on duty or is lawfully performing the functions of a member of the Armed Forces, but not otherwise:
c: a PCBU is also a worker if the PCBU is an individual who carries out work in that business or undertaking.
3: In this Act, a volunteer worker
a: means a volunteer who carries out work in any capacity for a PCBU—
i: with the knowledge or consent of the PCBU; and
ii: on an ongoing and regular basis; and
iii: that is an integral part of the business or undertaking; but
b: does not include a volunteer undertaking any of the following voluntary work activities:
i: participating in a fund-raising activity:
ii: assisting with sports or recreation for an educational institute, sports club, or recreation club:
iii: assisting with activities for an educational institute outside the premises of the educational institution:
iv: providing care for another person in the volunteer’s home. 1992 No 96 s 3C(1), (3)
20: Meaning of workplace
1: In this Act, unless the context otherwise requires, a workplace
a: means a place where work is being carried out, or is customarily carried out, for a business or undertaking; and
b: includes any place where a worker goes, or is likely to be, while at work.
2: In this section, place
a: a vehicle, vessel, aircraft, ship, or other mobile structure; and
b: any waters and any installation on land, on the bed of any waters, or floating on any waters. Model Work Health and Safety Act (Aust) s 8
21: Meaning of supply
1: In this Act, unless the context otherwise requires, supply
a: includes the supply (or resupply) of the thing by way of sale, exchange, lease, hire, or hire purchase, whether as a principal or an agent; but
b: does not include—
i: the return of possession of a thing to the owner of the thing at the end of a lease or other agreement; or
ii: the supply of a thing by a person who does not control the supply or has no authority to make decisions about the supply (for example, a registered auctioneer who auctions a thing without having possession of the thing or a real estate agent acting in his or her capacity as a real estate agent); or
iii: a prescribed supply.
2: The supply of a thing occurs on the passing of possession of the thing to the person or an agent of the person to be supplied.
3: A financier is taken not to supply any plant, substance, or structure for the purposes of this Act if—
a: the financier has, in the course of the financier's business as a financier, acquired ownership of, or another right in, the plant, substance, or structure on behalf of a customer of the financier; and
b: the action by the financier, that would be a supply but for this subsection, is taken by the financier for, or on behalf of, that customer.
4: If subsection (3) applies, the person (other than the financier) who had possession of the plant, substance, or structure immediately before the financier's customer obtained possession of the plant, substance, or structure is taken for the purposes of this Act to have supplied the plant, substance, or structure to the financier's customer.
5: In this section,— financier Financial Service Providers (Registration and Dispute Resolution) Act 2008 section 5(e) real estate agent section 4(1) registered auctioneer section 4(1) Model Work Health and Safety Act (Aust) s 6
22: Meaning of reasonably practicable
In this Act, unless the context otherwise requires, reasonably practicable subpart 2 of Part 2
a: the likelihood of the hazard or the risk concerned occurring; and
b: the degree of harm that might result from the hazard or risk; and
c: what the person concerned knows, or ought reasonably to know, about—
i: the hazard or risk; and
ii: ways of eliminating or minimising the risk; and
d: the availability and suitability of ways to eliminate or minimise the risk; and
e: after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk. Model Work Health and Safety Act (Aust) s 18
23: Meaning of notifiable injury or illness
1: In this Act, unless the context otherwise requires, a notifiable injury or illness
a: any of the following injuries or illnesses that require the person to have immediate treatment (other than first aid):
i: the amputation of any part of his or her body:
ii: a serious head injury:
iii: a serious eye injury:
iv: a serious burn:
v: the separation of his or her skin from an underlying tissue (such as degloving or scalping):
vi: a spinal injury:
vii: the loss of a bodily function:
viii: serious lacerations:
b: an injury or illness that requires, or would usually require, the person to be admitted to a hospital for immediate treatment:
c: an injury or illness that requires, or would usually require, the person to have medical treatment within 48 hours of exposure to a substance:
d: any serious infection (including occupational zoonoses) to which the carrying out of work is a significant contributing factor, including any infection that is attributable to carrying out work—
i: with micro-organisms; or
ii: that involves providing treatment or care to a person; or
iii: that involves contact with human blood or bodily substances; or
iv: that involves handling or contact with animals, animal hides, animal skins, animal wool or hair, animal carcasses, or animal waste products; or
v: that involves handling or contact with fish or marine mammals:
e: any other injury or illness declared by regulations to be a notifiable injury or illness for the purposes of this section.
2: Despite subsection (1), notifiable injury or illness
3: In this section,— animal section 2(1) fish section 2(1) marine mammal section 2(1) Model Work Health and Safety Act (Aust) s 36
24: Meaning of notifiable incident
1: In this Act, unless the context otherwise requires, a notifiable incident
a: an escape, a spillage, or a leakage of a substance; or
b: an implosion, explosion, or fire; or
c: an escape of gas or steam; or
d: an escape of a pressurised substance; or
e: an electric shock; or
f: the fall or release from a height of any plant, substance, or thing; or
g: the collapse, overturning, failure, or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with regulations; or
h: the collapse or partial collapse of a structure; or
i: the collapse or failure of an excavation or any shoring supporting an excavation; or
j: the inrush of water, mud, or gas in workings in an underground excavation or tunnel; or
k: the interruption of the main system of ventilation in an underground excavation or tunnel; or
l: a collision between 2 vessels, a vessel capsize, or the inrush of water into a vessel; or
m: any other incident declared by regulations to be a notifiable incident for the purposes of this section.
2: Despite subsection (1), notifiable incident Model Work Health and Safety Act (Aust) s 37
25: Meaning of notifiable event
In this Act, unless the context otherwise requires, a notifiable event
a: the death of a person; or
b: a notifiable injury or illness; or
c: a notifiable incident. Model Work Health and Safety Act (Aust) s 35 Examples
26: Status of examples
1: In this Act, an example 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.
4: General provisions
27: PCBU must not levy workers
1: A PCBU must not impose a levy or charge on a worker (or permit a levy or charge to be imposed on a worker) for anything done, or provided, in relation to health and safety.
2: For the purposes of subsection (1), a PCBU will be treated as having levied or charged a worker who is an employee of the PCBU if the PCBU requires the employee to provide his or her own personal protective equipment—
a: as a pre-condition of employment; or
b: as a term or condition in an employment agreement.
3: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $5,000:
b: for any other person, to a fine not exceeding $25,000. Model Work Health and Safety Act (Aust) s 273
28: No contracting out
A term of any agreement or contract that purports to exclude, limit, or modify the operation of this Act, or any duty owed under this Act, or to transfer to another person any duty owed under this Act—
a: has no effect to the extent that it does so; but
b: is not an illegal contract under subpart 5 Model Work Health and Safety Act (Aust) s 272 Section 28(b) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017
29: Insurance against fines unlawful
1: To the extent that an insurance policy or a contract of insurance indemnifies or purports to indemnify a person for the person's liability to pay a fine or infringement fee under this Act,—
a: the policy or contract is of no effect; and
b: no court or tribunal has jurisdiction to grant relief in respect of the policy or contract, whether under sections 75 to 82
2: A person must not—
a: enter into, or offer to enter into, a policy or contract described in subsection (1); or
b: indemnify, or offer to indemnify, another person for the other person's liability to pay a fine or an infringement fee under this Act; or
c: be indemnified, or agree to be indemnified, by another person for that person's liability to pay a fine or an infringement fee under this Act; or
d: pay to another person, or receive from another person, an indemnity for a fine or an infringement fee under this Act.
3: A person who contravenes subsection (2) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for any other person, to a fine not exceeding $250,000. 1992 No 96 s 56I Section 29(1)(b) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017
2: Health and safety duties
1: Key principles relating to duties
30: Management of risks
1: A duty imposed on a person by or under this Act requires the person—
a: to eliminate risks to health and safety, so far as is reasonably practicable; and
b: if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable.
2: A person must comply with subsection (1) to the extent to which the person has, or would reasonably be expected to have, the ability to influence and control the matter to which the risks relate. Model Work Health and Safety Act (Aust) s 17
31: Duties not transferable
A duty imposed on a person by or under this Act may not be transferred to another person. Model Work Health and Safety Act (Aust) s 14
32: Person may have more than 1 duty
A person may have more than 1 duty imposed on the person by or under this Act if the person belongs to more than 1 class of duty holder. 1992 No 96 s 2(2); Model Work Health and Safety Act (Aust) s 15
33: More than 1 person may have same duty
1: More than 1 person may have the same duty imposed by or under this Act at the same time.
2: Each duty holder must comply with that duty to the standard required by or under this Act even if another duty holder has the same duty.
3: If more than 1 person has a duty for the same matter, each person—
a: retains responsibility for that person's duty in relation to the matter; and
b: must discharge that person's duty to the extent to which the person has the ability to influence and control the matter or would have had that ability but for an agreement or arrangement purporting to limit or remove that ability. 1992 No 96 s 2(2)
34: PCBU must consult other PCBUs with same duty
1: If more than 1 PCBU has a duty in relation to the same matter imposed by or under this Act, each PCBU with the duty must, so far as is reasonably practicable, consult, co-operate with, and co-ordinate activities with all other PCBUs who have a duty in relation to the same matter.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $20,000:
b: for any other person, to a fine not exceeding $100,000. Model Work Health and Safety Act (Aust) s 46
35: Compliance with other enactments
In determining whether a duty imposed on a person by or under this Act is being or has been complied with, a person or a court may have regard to the requirements imposed under any other enactment (whether or not those requirements have a purpose of ensuring health and safety) that apply in the circumstances and that affect, or may affect, the health and safety of any person.
2: Duties of PCBUs
36: Primary duty of care
1: A PCBU must ensure, so far as is reasonably practicable, the health and safety of—
a: workers who work for the PCBU, while the workers are at work in the business or undertaking; and
b: workers whose activities in carrying out work are influenced or directed by the PCBU, while the workers are carrying out the work.
2: A PCBU must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.
3: Without limiting subsection (1) or (2), a PCBU must ensure, so far as is reasonably practicable,—
a: the provision and maintenance of a work environment that is without risks to health and safety; and
b: the provision and maintenance of safe plant and structures; and
c: the provision and maintenance of safe systems of work; and
d: the safe use, handling, and storage of plant, substances, and structures; and
e: the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and
f: the provision of any information, training, instruction, or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and
g: that the health of workers and the conditions at the workplace are monitored for the purpose of preventing injury or illness of workers arising from the conduct of the business or undertaking.
4: Subsection (5) applies if—
a: a worker occupies accommodation that is owned by, or under the management or control of, a PCBU; and
b: the occupancy is necessary for the purposes of the worker's employment or engagement by the PCBU because other accommodation is not reasonably available.
5: The PCBU must, so far as is reasonably practicable, maintain the accommodation so that the worker is not exposed to risks to his or her health and safety arising from the accommodation.
6: A PCBU who is a self-employed person must ensure, so far as is reasonably practicable, his or her own health and safety while at work. Model Work Health and Safety Act (Aust) s 19
37: Duty of PCBU who manages or controls workplace
1: A PCBU who manages or controls a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace, and anything arising from the workplace are without risks to the health and safety of any person.
2: Despite subsection (1), a PCBU who manages or controls a workplace does not owe a duty under that subsection to any person who is at the workplace for an unlawful purpose.
3: For the purposes of subsection (1), if the PCBU is conducting a farming business or undertaking, the duty owed by the PCBU under that subsection—
a: applies only in relation to the farm buildings and any structure or part of the farm immediately surrounding the farm buildings that are necessary for the operation of the business or undertaking:
b: does not apply in relation to—
i: the main dwelling house on the farm (if any); or
ii: any other part of the farm, unless work is being carried out in that part at the time.
4: In this section, a PCBU who manages or controls a workplace
a: means a PCBU to the extent that the business or undertaking involves the management or control (in whole or in part) of the workplace; but
b: does not include—
i: the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking; or
ii: a prescribed person. Model Work Health and Safety Act (Aust) s 20
38: Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces
1: A PCBU who manages or controls fixtures, fittings, or plant at a workplace must, so far as is reasonably practicable, ensure that the fixtures, fittings, or plant are without risks to the health and safety of any person.
2: Despite subsection (1), a PCBU who manages or controls fixtures, fittings, or plant at a workplace does not owe a duty under that subsection to any person who is at the workplace for an unlawful purpose.
3: In this section, a PCBU who manages or controls fixtures, fittings, or plant at a workplace
a: means a PCBU to the extent that the business or undertaking involves the management or control of fixtures, fittings, or plant (in whole or in part) at a workplace; but
b: does not include—
i: the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking; or
ii: a prescribed person. Model Work Health and Safety Act (Aust) s 21
39: Duty of PCBU who designs plant, substances, or structures
1: This section applies to a PCBU (a designer
a: plant that is to be used, or could reasonably be expected to be used, as or at a workplace; or
b: a substance that is to be used, or could reasonably be expected to be used, at a workplace; or
c: a structure that is to be used, or could reasonably be expected to be used, as or at a workplace.
2: The designer must, so far as is reasonably practicable, ensure that the plant, substance, or structure is designed to be without risks to the health and safety of persons—
a: who, at a workplace, use the plant, substance, or structure for a purpose for which it was designed; or
b: who handle the substance at a workplace; or
c: who store the plant or substance at a workplace; or
d: who construct the structure at a workplace; or
e: who carry out any reasonably foreseeable activity (such as inspection, cleaning, maintenance, or repair) at a workplace in relation to—
i: the manufacture, assembly, or use of the plant for a purpose for which it was designed, or the proper storage, decommissioning, dismantling, or disposal of the plant; or
ii: the manufacture or use of the substance for a purpose for which it was designed, or the proper handling, storage, or disposal of the substance; or
iii: the manufacture, assembly, or use of the structure for a purpose for which it was designed, or the proper demolition or disposal of the structure; or
f: who are at or in the vicinity of a workplace and who are exposed to the plant, substance, or structure at the workplace or whose health or safety may be affected by a use or an activity referred to in any of paragraphs (a) to (e).
3: The designer must carry out, or arrange the carrying out of, any calculations, analysis, testing, or examination that may be necessary for the performance of the duty imposed by subsection (2).
4: The designer must give to each person who is provided with the design for the purpose of giving effect to it adequate information concerning—
a: each purpose for which the plant, substance, or structure was designed; and
b: the results of any calculations, analysis, testing, or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and
c: any conditions necessary to ensure that the plant, substance, or structure is without risks to health and safety when used for a purpose for which it was designed or when carrying out any activity referred to in subsection (2)(a) to (e).
5: The designer must, on request, make reasonable efforts to give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e). Model Work Health and Safety Act (Aust) s 22
40: Duty of PCBU who manufactures plant, substances, or structures
1: This section applies to a PCBU (a manufacturer
a: plant that is to be used, or that could reasonably be expected to be used, as or at a workplace; or
b: a substance that is to be used, or that could reasonably be expected to be used, at a workplace; or
c: a structure that is to be used, or that could reasonably be expected to be used, as or at a workplace.
2: The manufacturer must, so far as is reasonably practicable, ensure that the plant, substance, or structure is manufactured to be without risks to the health and safety of persons—
a: who, at a workplace, use the plant, substance, or structure for a purpose for which it was designed or manufactured; or
b: who handle the substance at a workplace; or
c: who store the plant or substance at a workplace; or
d: who construct the structure at a workplace; or
e: who carry out any reasonably foreseeable activity (such as inspection, cleaning, maintenance, or repair) at a workplace in relation to—
i: the assembly or use of the plant for a purpose for which it was designed or manufactured, or the proper storage, decommissioning, dismantling, or disposal of the plant; or
ii: the use of the substance for a purpose for which it was designed or manufactured, or the proper handling, storage, or disposal of the substance; or
iii: the assembly or use of the structure for a purpose for which it was designed or manufactured, or the proper demolition or disposal of the structure; or
f: who are at or in the vicinity of a workplace and who are exposed to the plant, substance, or structure at the workplace or whose health or safety may be affected by a use or an activity referred to in any of paragraphs (a) to (e).
3: The manufacturer must carry out, or arrange the carrying out of, any calculations, analysis, testing, or examination that may be necessary for the performance of the duty imposed by subsection (2).
4: The manufacturer must give to each person to whom the manufacturer provides the plant, substance, or structure adequate information concerning—
a: each purpose for which the plant, substance, or structure was designed or manufactured; and
b: the results of any calculations, analysis, testing, or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and
c: any conditions necessary to ensure that the plant, substance, or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2)(a) to (e).
5: The manufacturer must, on request, make reasonable efforts to give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e). Model Work Health and Safety Act (Aust) s 23
41: Duty of PCBU who imports plant, substances, or structures
1: This section applies to a PCBU (an importer
a: plant that is to be used, or that could reasonably be expected to be used, as or at a workplace; or
b: a substance that is to be used, or that could reasonably be expected to be used, at a workplace; or
c: a structure that is to be used, or that could reasonably be expected to be used, as or at a workplace.
2: The importer must, so far as is reasonably practicable, ensure that the plant, substance, or structure is without risks to the health and safety of persons—
a: who, at a workplace, use the plant, substance, or structure for a purpose for which it was designed or manufactured; or
b: who handle the substance at a workplace; or
c: who store the plant or substance at a workplace; or
d: who construct the structure at a workplace; or
e: who carry out any reasonably foreseeable activity (such as inspection, cleaning, maintenance, or repair) at a workplace in relation to—
i: the assembly or use of the plant for a purpose for which it was designed or manufactured, or the proper storage, decommissioning, dismantling, or disposal of the plant; or
ii: the use of the substance for a purpose for which it was designed or manufactured, or the proper handling, storage, or disposal of the substance; or
iii: the assembly or use of the structure for a purpose for which it was designed or manufactured, or the proper demolition or disposal of the structure; or
f: who are at or in the vicinity of a workplace and who are exposed to the plant, substance, or structure at the workplace or whose health or safety may be affected by a use or an activity referred to in any of paragraphs (a) to (e).
3: The importer must—
a: carry out, or arrange the carrying out of, any calculation, analysis, testing, or examination that may be necessary for the performance of the duty imposed by subsection (2); or
b: ensure that the calculation, analysis, testing, or examination has been carried out.
4: The importer must give to each person to whom the importer provides the plant, substance, or structure adequate information concerning—
a: each purpose for which the plant, substance, or structure was designed or manufactured; and
b: the results of any calculation, analysis, testing, or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and
c: any conditions necessary to ensure that the plant, substance, or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2)(a) to (e).
5: The importer must, on request, make reasonable efforts to give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e). Model Work Health and Safety Act (Aust) s 24
42: Duty of PCBU who supplies plant, substances, or structures
1: This section applies to a PCBU (a supplier
a: plant that is to be used, or could reasonably be expected to be used, as or at a workplace; or
b: a substance that is to be used, or could reasonably be expected to be used, at a workplace; or
c: a structure that is to be used, or could reasonably be expected to be used, as or at a workplace.
2: The supplier must, so far as is reasonably practicable, ensure that the plant, substance, or structure is without risks to the health and safety of persons—
a: who, at a workplace, use the plant, substance, or structure for a purpose for which it was designed or manufactured; or
b: who handle the substance at a workplace; or
c: who store the plant or substance at a workplace; or
d: who construct the structure at a workplace; or
e: who carry out any reasonably foreseeable activity (such as inspection, cleaning, maintenance, or repair) at a workplace in relation to—
i: the assembly or use of the plant for a purpose for which it was designed or manufactured, or the proper storage, decommissioning, dismantling, or disposal of the plant; or
ii: the use of the substance for a purpose for which it was designed or manufactured, or the proper handling, storage, or disposal of the substance; or
iii: the assembly or use of the structure for a purpose for which it was designed or manufactured, or the proper demolition or disposal of the structure; or
f: who are at or in the vicinity of a workplace and who are exposed to the plant, substance, or structure at the workplace or whose health or safety may be affected by a use or an activity referred to in any of paragraphs (a) to (e).
3: The supplier must—
a: carry out, or arrange the carrying out of, any calculation, analysis, testing, or examination that may be necessary for the performance of the duty imposed by subsection (2); or
b: ensure that the calculation, analysis, testing, or examination has been carried out.
4: The supplier must give to each person to whom the supplier supplies the plant, substance, or structure adequate information concerning—
a: each purpose for which the plant, substance, or structure was designed or manufactured; and
b: the results of any calculations, analysis, testing, or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and
c: any conditions necessary to ensure that the plant, substance, or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2)(a) to (e).
5: The supplier must, on request, make reasonable efforts to give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e).
6: This section does not apply to the sale of plant, whether or not in trade, if the plant—
a: is secondhand; and
b: is sold as is.
7: In subsection (6)(b), as is 1992 No 96 s 18A(4), (5)
43: Duty of PCBU who installs, constructs, or commissions plant or structures
1: This section applies to a PCBU who installs, constructs, or commissions plant or a structure that is to be used, or could reasonably be expected to be used, as or at a workplace.
2: The PCBU must, so far as is reasonably practicable, ensure that the way in which the plant or structure is installed, constructed, or commissioned ensures that the plant or structure is without risks to the health and safety of persons—
a: who install or construct the plant or structure at a workplace; or
b: who use the plant or structure at a workplace for a purpose for which it was installed, constructed, or commissioned; or
c: who carry out any reasonably foreseeable activity at a workplace in relation to the proper use, decommissioning, or dismantling of the plant or demolition, or disposal of the structure; or
d: who are at or in the vicinity of a workplace and whose health or safety may be affected by a use or an activity referred to in any of paragraphs (a) to (c). Model Work Health and Safety Act (Aust) s 26
3: Duties of officers, workers, and other persons
44: Duty of officers
1: If a PCBU has a duty or an obligation under this Act, an officer of the PCBU must exercise due diligence to ensure that the PCBU complies with that duty or obligation.
2: For the purposes of subsection (1), an officer of a PCBU must exercise the care, diligence, and skill that a reasonable officer would exercise in the same circumstances, taking into account (without limitation)—
a: the nature of the business or undertaking; and
b: the position of the officer and the nature of the responsibilities undertaken by the officer.
3: Despite subsection (1), a member of the governing body of a territorial authority or regional council elected in accordance with the Local Electoral Act 2001 section 6
4: In this section, due diligence
a: to acquire, and keep up to date, knowledge of work health and safety matters; and
b: to gain an understanding of the nature of the operations of the business or undertaking of the PCBU and generally of the hazards and risks associated with those operations; and
c: to ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and
d: to ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards, and risks and for responding in a timely way to that information; and
e: to ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under this Act; and
f: to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e). Model Work Health and Safety Act (Aust) s 27(1), (5)
45: Duties of workers
While at work, a worker must—
a: take reasonable care for his or her own health and safety; and
b: take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and
c: comply, as far as the worker is reasonably able, with any reasonable instruction that is given by the PCBU to allow the PCBU to comply with this Act or regulations; and
d: co-operate with any reasonable policy or procedure of the PCBU relating to health or safety at the workplace that has been notified to workers. Model Work Health and Safety Act (Aust) s 28
46: Duties of other persons at workplace
A person at a workplace (whether or not the person has another duty under this Part) must—
a: take reasonable care for his or her own health and safety; and
b: take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and
c: comply, as far as he or she is reasonably able, with any reasonable instruction that is given by the PCBU to allow the PCBU to comply with this Act or regulations. Model Work Health and Safety Act (Aust) s 29
4: Offences relating to duties
47: Offence of reckless conduct in respect of duty
1: A person commits an offence against this section if the person—
a: has a duty under subpart 2 3
b: without reasonable excuse, engages in conduct that exposes any individual to whom that duty is owed to a risk of death or serious injury or serious illness; and
c: is reckless as to the risk to an individual of death or serious injury or serious illness.
2: For the purposes of subsection (1), if the person is an officer of a PCBU, the individual to whom the duty is owed is an individual to whom the PCBU owes the duty.
3: A person who commits an offence against subsection (1) is liable on conviction,—
a: for an individual who is not a PCBU or an officer of a PCBU, to a term of imprisonment not exceeding 5 years or a fine not exceeding $300,000, or both:
b: for an individual who is a PCBU or an officer of a PCBU, to a term of imprisonment not exceeding 5 years or a fine not exceeding $600,000, or both:
c: for any other person, to a fine not exceeding $3 million. Model Work Health and Safety Act (Aust) s 31
48: Offence of failing to comply with duty that exposes individual to risk of death or serious injury or serious illness
1: A person commits an offence against this section if—
a: the person has a duty under subpart 2 3
b: the person fails to comply with that duty; and
c: that failure exposes any individual to a risk of death or serious injury or serious illness.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: for an individual who is not a PCBU or an officer of a PCBU, to a fine not exceeding $150,000:
b: for an individual who is a PCBU or an officer of a PCBU, to a fine not exceeding $300,000:
c: for any other person, to a fine not exceeding $1.5 million. Model Work Health and Safety Act (Aust) s 32
49: Offence of failing to comply with duty
1: A person commits an offence against this section if the person—
a: has a duty under subpart 2 3
b: fails to comply with that duty.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: for an individual who is not a PCBU or an officer of a PCBU, to a fine not exceeding $50,000:
b: for an individual who is a PCBU or an officer of a PCBU, to a fine not exceeding $100,000:
c: for any other person, to a fine not exceeding $500,000.
3: Despite subsection (2), if the duty or obligation of a PCBU is imposed under a provision other than a provision of subpart 2 3 Model Work Health and Safety Act (Aust) ss 27(3), 33 Specific provisions relating to liability of certain persons
50: Liability of officers
An officer of a PCBU may be convicted or found guilty of an offence against section 44 Model Work Health and Safety Act (Aust) s 27(4)
51: Liability of volunteers
A volunteer does not commit an offence under section 47 48 49 subpart 2 3
a: section 45
b: section 46 Model Work Health and Safety Act (Aust) s 34(1)
52: Liability of certain office holders
1: An office holder listed in subsection (2), when acting in that capacity, does not commit an offence under section 47 48 49 section 44
2: The office holders are—
a: a member of the governing body of a territorial authority or regional council elected in accordance with the Local Electoral Act 2001
b: a member of a local board elected or appointed under the Local Electoral Act 2001
c: a member of a community board elected or appointed in accordance with the Local Electoral Act 2001
d: a member of a school board appointed or elected under the Education and Training Act 2020
3: In this section,— board section 10(1) community board section 49(1) local authority local board section 5(1) Section 52(2)(d) replaced 1 August 2020 section 668 Education and Training Act 2020 Section 52(3) board inserted 1 August 2020 section 668 Education and Training Act 2020 Section 52(3) board trustee repealed 1 August 2020 section 668 Education and Training Act 2020 Other matters relating to offences
53: Actions taken to prevent harm
Where a person ( person A person B
a: person A does not commit an offence under this Act; and
b: if person A is a worker, the PCBU for whom person A carries out work does not commit an offence under this Act. 1992 No 96 s 51
54: Proof of intention not required for certain offences
In a matter involving a prosecution for an offence against section 48 49
a: intended to take the action alleged to constitute the offence; or
b: intended not to take an action, where the failure to take that action is alleged to constitute the offence. 1992 No 96 s 53
5: Duties to preserve sites and notify notifiable events
55: Duty to preserve sites
1: A PCBU who manages or controls a workplace at which a notifiable event has occurred must take all reasonable steps to ensure that the site where the event occurred is not disturbed until authorised by an inspector.
2: Subsection (1) does not prevent any action—
a: to assist an injured person; or
b: to remove a deceased person; or
c: that is essential to make the site safe or to minimise the risk of a further notifiable event; or
d: that is done by, or under the direction of, a constable acting in execution of his or her duties; or
e: for which an inspector or the regulator has given permission.
3: Subsection (1) does not apply if the notifiable event is being investigated under the Armed Forces Discipline Act 1971 Transport Accident Investigation Commission Act 1990
4: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $10,000:
b: for any other person, to a fine not exceeding $50,000.
5: For the purposes of this section, a site
a: includes any plant, substance, structure, or thing associated with the notifiable event; but
b: does not include any particular site in prescribed circumstances. Model Work Health and Safety Act (Aust) s 39
56: Duty to notify notifiable event
1: A PCBU must, as soon as possible after becoming aware that a notifiable event arising out of the conduct of the business or undertaking has occurred, ensure that the regulator is notified of the event.
2: A notification under subsection (1)—
a: may be given by telephone or in writing (including by email, or other electronic means); and
b: must be given by the fastest possible means in the circumstances.
3: For the purposes of subsection (2), a person giving notice by telephone must—
a: give the details of the incident requested by the regulator; and
b: if required by the regulator, give a written notice of the incident within 48 hours of being informed of the requirement.
4: Notice given in writing under subsection (2) or (3) must be in a form, or contain the details, approved by the regulator.
5: If the regulator receives notice by telephone and a written notice is not required, the regulator must give the PCBU—
a: details of the information received; or
b: an acknowledgement of having received notice.
6: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $10,000:
b: for any other person, to a fine not exceeding $50,000. Model Work Health and Safety Act (Aust) s 38(1)–(6)
57: Requirement to keep records
1: A PCBU must keep a record of each notifiable event for at least 5 years from the date on which notice of the event is given to the regulator under section 56
2: A record kept under subsection (1) must contain the particulars prescribed by regulations (if any).
3: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $5,000:
b: for any other person, to a fine not exceeding $25,000. Model Work Health and Safety Act (Aust) s 38(7)
3: Worker engagement, participation, and representation
1: Engagement with workers and worker participation practices
Engagement with workers
58: Duty to engage with workers
1: A PCBU must, so far as is reasonably practicable, engage with workers—
a: who carry out work for the business or undertaking; and
b: who are, or are likely to be, directly affected by a matter relating to work health or safety.
2: If the PCBU and the workers have agreed to procedures for engagement, the engagement must be in accordance with those procedures.
3: The agreed procedures must not be inconsistent with section 59
4: A person who contravenes this section commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $20,000:
b: for any other person, to a fine not exceeding $100,000. Model Work Health and Safety Act (Aust) s 47
59: Nature of engagement
1: Engagement with workers under this subpart requires—
a: that relevant information about the matter be shared with workers in a timely manner; and
b: that workers be given a reasonable opportunity—
i: to express their views and to raise work health or safety issues in relation to the matter; and
ii: to contribute to the decision-making process relating to the matter; and
c: that the views of workers be taken into account by the PCBU; and
d: that the workers be advised of the outcome of the engagement in a timely manner.
2: If the workers are represented by a health and safety representative, the engagement must involve that representative. Model Work Health and Safety Act (Aust) s 48
60: When engagement is required
Engagement with workers under this subpart is required in relation to work health and safety matters in the following circumstances:
a: when identifying hazards and assessing risks to work health and safety arising from the work carried out or to be carried out as part of the conduct of the business or undertaking:
b: when making decisions about ways to eliminate or minimise those risks:
c: when making decisions about the adequacy of facilities for the welfare of workers:
d: when proposing changes that may affect the health or safety of workers:
e: when making decisions about the procedures for the following:
i: engaging with workers:
ii: monitoring the health of workers:
iii: monitoring the conditions at any workplace under the management or control of the PCBU:
iv: providing information and training for workers:
f: when making decisions about the procedures (if any) for resolving work health or safety issues at the workplace:
g: when developing worker participation practices, including when determining work groups:
h: when carrying out any other activity prescribed by regulations for the purposes of this section. Model Work Health and Safety Act (Aust) s 49 Worker participation practices
61: Duty to have worker participation practices
1: A PCBU must have practices that provide reasonable opportunities for workers who carry out work for the business or undertaking to participate effectively in improving work health and safety in the business or undertaking on an ongoing basis.
2: In complying with subsection (1), the PCBU must—
a: comply with prescribed requirements relating to worker participation, including requirements relating to a particular industry, sector, or kind of workplace:
b: take into account any relevant approved code of practice.
3: In this section, reasonable opportunities
a: the number of workers working in the business or undertaking; and
b: the number of different workplaces of the business or undertaking, and the distance between them; and
c: the likely risks to work health and safety in the business or undertaking and the level of those risks; and
d: the nature of the work that is performed and the way that it is arranged or managed; and
e: the nature of the employment arrangements or contracting arrangements, including the extent and regularity of employment or engagement of temporary workers; and
f: the willingness of workers and their representatives to develop worker participation practices; and
g: in relation to employers and employees, the duty to act in good faith as required by section 4
4: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $20,000:
b: for any other person, to a fine not exceeding $100,000. 1992 No 96 s 19B
2: Health and safety representatives and health and safety committees
Election of health and safety representatives
62: Election of health and safety representatives
1: A worker who carries out work for a business or undertaking may request the PCBU to initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.
2: If a PCBU receives a request under subsection (1), the PCBU must, within the time prescribed by regulations, initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.
3: The PCBU’s obligation to initiate an election in response to a worker’s request applies only in relation to an election for the work group to which the worker belongs.
4: A PCBU may, on the PCBU’s own initiative, initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.
5: A person who contravenes subsection (2) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $5,000:
b: for any other person, to a fine not exceeding $25,000. Section 62 replaced 13 June 2023 section 4 Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023
63: Requirements for conducting elections
An election for 1 or more health and safety representatives (whether following the request of a worker or on the initiative of the PCBU under section 62 1992 No 96 s 19V Determination of work groups
64: Determination of work groups
1: If a worker makes a request or the PCBU initiates the election of a health and safety representative under section 62
2: Unless a PCBU determines otherwise in accordance with subsection (3), a work group comprises all the workers in the business or undertaking.
3: A PCBU may determine 1 or more work groups if the PCBU considers that the work group described in subsection (2) would be inappropriate having regard to the structure of the business or undertaking.
4: If subsection (3) applies, the PCBU must—
a: ensure that the workers are grouped in a way that—
i: most effectively enables the health and safety interests of the workers to be represented; and
ii: takes account of the need for a health and safety representative to be accessible to the workers that he or she represents; and
b: have regard to any prescribed requirements.
5: Two or more PCBUs may, by agreement, determine 1 or more work groups that comprise workers who carry out work for any PCBU who is party to the agreement (a multiple PCBU work group arrangement
a: in accordance with subsection (3); and
b: subject to any prescribed requirements. Model Work Health and Safety Act (Aust) s 51(1), (2), (3)
65: Determination of numbers of health and safety representatives for work groups
1: If section 64(2)
2: If section 64(3) Health and safety committees
66: Health and safety committees
1: The following persons may request the PCBU at a workplace to establish a health and safety committee for the business or undertaking or part of the business or undertaking:
a: a health and safety representative for a work group of workers carrying out work at that workplace; or
b: 5 or more workers at that workplace.
2: The PCBU must, as soon as practicable after receiving a request under subsection (1), establish a health and safety committee for the business or undertaking or part of the business or undertaking.
3: A PCBU at a workplace may establish a health and safety committee for the workplace or part of the workplace on the PCBU’s own initiative.
4: A person who contravenes subsection (2) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $5,000:
b: for any other person, to a fine not exceeding $25,000. Section 66 replaced 13 June 2023 section 5 Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023 Further provisions relating to health and safety representatives, health and safety committees, and health and safety in mining sector
67: Further provisions relating to health and safety representatives and health and safety committees
1: Part 1
2: Part 2
68: Further provisions relating to mining sector
Schedule 3
3: Provisional improvement notices
69: Provisional improvement notices
1: This section applies if a health and safety representative reasonably believes that a person is contravening, or is likely to contravene, a provision of this Act or regulations.
2: The health and safety representative may issue a provisional improvement notice requiring the person to—
a: remedy the contravention; or
b: prevent a likely contravention from occurring; or
c: remedy the things or activities causing the contravention or likely to cause a contravention.
3: However, the health and safety representative must not issue a provisional improvement notice to a person unless he or she has first consulted the person.
4: A health and safety representative must not issue a provisional improvement notice in relation to a matter if an inspector has already issued an improvement notice or a prohibition notice in relation to the same matter.
5: If a health and safety representative issues a provisional improvement notice, he or she must provide a copy of that notice to the PCBU of the work group that the health and safety representative represents, as soon as practicable. Model Work Health and Safety Act (Aust) s 90
70: Training requirements relating to issue of provisional improvement notice
A health and safety representative must not issue a provisional improvement notice unless the representative has—
a: completed training prescribed by or under regulations; or
b: previously completed that training when acting as a health and safety representative for another work group. Model Work Health and Safety Act (Aust) s 90(4)
71: Requirements relating to provisional improvement notices
1: A provisional improvement notice must be in writing.
2: A provisional improvement notice must state—
a: that the health and safety representative believes the person is contravening, or is likely to contravene, a provision of this Act or regulations (as the case may be); and
b: the provision the representative believes is being, or is likely to be, contravened; and
c: briefly, how the provision is being, or is likely to be, contravened; and
d: the day, at least 8 days after the notice is issued, by which the person is required to remedy the contravention or likely contravention. Model Work Health and Safety Act (Aust) ss 91, 92
72: Provisional improvement notice may include recommendations to remedy contravention
1: A provisional improvement notice may include recommendations relating to—
a: the measures to be taken to remedy the contravention or prevent the likely contravention; or
b: the things or activities causing the contravention, or likely to cause a contravention, to which the notice relates.
2: A recommendation included in a provisional improvement notice may—
a: refer to an approved code of practice:
b: offer the person to whom it is issued a choice of ways in which to remedy the contravention or prevent the likely contravention.
3: Subsection (2) does not limit subsection (1). Model Work Health and Safety Act (Aust) s 93
73: Minor changes to provisional improvement notice
A health and safety representative may make minor changes to a provisional improvement notice—
a: for clarification; or
b: to correct errors or references; or
c: to reflect changes of address or other circumstances. Model Work Health and Safety Act (Aust) s 94
74: Issue of provisional improvement notice
A provisional improvement notice must be issued to a person in accordance with section 116 Model Work Health and Safety Act (Aust) s 95
75: Cancellation of provisional improvement notice
1: The health and safety representative may, at any time, cancel a provisional improvement notice issued to a person by written notice given to that person.
2: A cancellation must be notified in the same way that the notice was issued. Model Work Health and Safety Act (Aust) s 96
76: Display of provisional improvement notice
1: A person to whom a provisional improvement notice is issued must, as soon as practicable, display a copy of the notice in a prominent place at or near the workplace, or part of the workplace, at which work is being carried out that is affected by the notice.
2: A person must not intentionally remove, destroy, damage, or deface a notice displayed under subsection (1) during the period that the notice is in force.
3: A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $5,000:
b: for any other person, to a fine not exceeding $25,000. Model Work Health and Safety Act (Aust) s 97
77: Irregularities or defects in notice
A provisional improvement notice is not invalid merely because of—
a: any defect, irregularity, omission, or want of form unless the defect, irregularity, omission, or want of form causes or is likely to cause substantial injustice; or
b: a failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person. Model Work Health and Safety Act (Aust) s 98
78: Offence relating to breach of provisional improvement notice
1: This section applies if a provisional improvement notice has been issued to a person and an inspector has not been required under section 79
2: The person must comply with the provisional improvement notice within the time specified in the notice by remedying the contravention or avoiding any likely contravention (as the case may be).
3: For the purposes of subsection (2), the person may comply with the notice in a different way from that directed by the health and safety representative as long as the person substantially complies with the requirement to remedy the contravention or avoid any likely contravention.
4: A person who contravenes subsection (2) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for any other person, to a fine not exceeding $250,000. Model Work Health and Safety Act (Aust) s 99
79: Review of provisional improvement notice
1: A person specified in subsection (2) may, within 7 days after a provisional improvement notice is issued to the person, ask the regulator to appoint an inspector to review the notice.
2: The persons are—
a: the person to whom the notice was issued; and
b: if the person is a worker, the PCBU at the workplace at which the worker carries out work.
3: If a request is made under subsection (1), the provisional improvement notice is stayed until the inspector makes a decision on the review. Model Work Health and Safety Act (Aust) s 100
80: Regulator must ensure inspector reviews notice
1: The regulator must ensure that, as soon as practicable after a request is made under section 79
a: reviews the provisional improvement notice; and
b: inquires into the circumstances that are the subject of the provisional improvement notice.
2: An inspector may review a provisional improvement notice even if the period for compliance with the notice has expired. Model Work Health and Safety Act (Aust) s 101
81: Decision of inspector on review of provisional improvement notice
1: After reviewing the provisional improvement notice, the inspector must—
a: confirm the provisional improvement notice; or
b: confirm the provisional improvement notice with changes; or
c: cancel the provisional improvement notice.
2: The inspector must give a copy of his or her decision in accordance with section 116
a: the applicant for the review of the provisional improvement notice; and
b: the health and safety representative who issued the notice.
3: A provisional improvement notice that is confirmed (with or without changes) by an inspector must be treated as an improvement notice issued by the inspector under this Act. Model Work Health and Safety Act (Aust) s 102
4: Right to cease or direct cessation of unsafe work
82: Meaning of cease work
In this subpart, unless the context otherwise requires, cease work
a: to cease or refuse to carry out work under section 83
b: to cease work on a direction under section 84 Model Work Health and Safety Act (Aust) s 83
83: Right of worker to cease or refuse to carry out unsafe work
1: A worker may cease, or refuse to carry out, work if the worker believes that carrying out the work would expose the worker, or any other person, to a serious risk to the worker's or other person's health or safety arising from an immediate or imminent exposure to a hazard.
2: A worker may continue to refuse to carry out the work if—
a: the worker attempts to resolve the matter with the PCBU as soon as practicable after first refusing to do the work; and
b: the matter is not resolved; and
c: the worker believes on reasonable grounds that carrying out the work would expose the worker or any other person to a serious risk to the worker's or other person's health or safety arising from an immediate or imminent exposure to a hazard.
3: Without limiting subsection (2)(c), reasonable grounds
4: A worker who ceases work under subsection (1) must, as soon as practicable, notify the PCBU that the worker has ceased work.
5: Subsection (1) does not authorise a worker to refuse to do work that, because of its nature, inherently or usually carries an understood risk to the worker’s health and safety, unless that risk has materially increased beyond the understood risk.
6: To avoid doubt, nothing in this section limits or affects an employee’s right to refuse to do work under any other enactment or the general law. 1992 No 96 s 28A
84: Health and safety representative may direct unsafe work to cease
1: A health and safety representative may direct a worker who is in a work group represented by the representative to cease work if the representative reasonably believes that carrying out the work would expose the worker, or any other person, to a serious risk to the worker's or other person's health or safety, arising from an immediate or imminent exposure to a hazard.
2: The health and safety representative must not give a direction under subsection (1) unless the matter is not resolved within a reasonable time after consultation about the matter with the PCBU for whom the workers are carrying out work.
3: Despite subsection (2), the health and safety representative may direct the worker to cease work without carrying out that consultation if the risk is so serious and immediate or imminent that it is not reasonable to consult before giving the direction.
4: The health and safety representative must carry out the consultation as soon as practicable after giving a direction under subsection (3).
5: The health and safety representative must immediately inform the PCBU of any direction given by the health and safety representative to a worker under subsection (1).
6: Subsection (1) does not authorise a health and safety representative to give a direction to a worker to cease work that, because of its nature, inherently or usually carries an understood risk to health and safety unless the risk has materially increased beyond the understood risk. 1992 No 96 s 28A
85: Training requirements relating to giving direction to cease work
A health and safety representative must not give a direction under section 84
a: completed training prescribed by or under regulations; or
b: previously completed that training when acting as a health and safety representative for another work group. Model Work Health and Safety Act (Aust) s 85(6)
86: Alternative work
1: If a worker ceases work, the PCBU may direct the worker to carry out alternative work at the same or another workplace if that work is safe and appropriate for the worker to carry out until the worker can resume normal duties.
2: A worker who ceases work must remain available to carry out alternative work as directed by the PCBU under subsection (1).
3: For the purposes of this section, alternative work
a: for a worker who is an employee, work within the scope of the person's employment agreement:
b: for a worker who is not an employee, work within the scope of the worker's contract.
4: In addition, a worker may agree (but cannot be directed) to do other work that is safe and appropriate for the worker. 1992 No 96 s 28A(6)
87: Regulator may assist to resolve issues relating to cessation of work
1: The health and safety representative, the PCBU, or the worker may ask the regulator to assist in resolving the issue relating to the cessation of work.
2: If the regulator agrees to assist in resolving an issue relating to the cessation of work, the regulator must provide the assistance as soon as practicable after agreeing to assist. Model Work Health and Safety Act (Aust) s 89
5: Prohibition of adverse, coercive, or misleading conduct
88: Meaning of adverse conduct
1: For the purposes of this subpart, a person engages in adverse conduct
a: the person—
i: dismisses a worker who is an employee; or
ii: terminates a contract for services with a worker; or
iii: refuses or omits to employ or engage any person on work of any description that is available and for which that person is qualified; or
iv: refuses or omits to offer or afford to the worker the same terms of employment or engagement, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available to other workers of the same or substantially similar qualifications, experience, or skills who are employed or engaged in the same or substantially similar circumstances; or
v: subjects the worker to any detriment, in circumstances in which other workers employed or engaged by the person on work of that description are not or would not be subjected to such detriment; or
vi: retires the worker, or requires or causes the worker to retire or resign or terminate a contract for services; or
b: the person terminates a commercial arrangement with another person; or
c: the person refuses or fails to enter into a commercial arrangement with another person.
2: For the purposes of this subpart, a person also engages in adverse conduct if the person organises to take any action referred to in subsection (1) or threatens to organise or take that action.
3: For the purposes of subsection (1)(a)(v), detriment Model Work Health and Safety Act (Aust) s 105
89: Meaning of prohibited health and safety reason
For the purposes of this subpart, adverse conduct is engaged in for a prohibited health and safety reason section 88(1)(b) or (c)
a: is, has been, or proposes to be a health and safety representative or a member of a health and safety committee; or
b: undertakes, has undertaken, or proposes to undertake another role under this Act; or
c: performs, has performed, or proposes to perform a function—
i: as a health and safety representative or as a member of a health and safety committee; or
ii: under this Act; or
iii: under this Act in a particular way; or
d: refrains from, has refrained from, or proposes to refrain from performing a function under this Act or under this Act in a particular way; or
e: exercises, has exercised, or proposes to exercise a power—
i: as a health and safety representative; or
ii: under this Act; or
iii: under this Act in a particular way; or
f: refrains from, has refrained from, or proposes to refrain from exercising a power under this Act or under this Act in a particular way; or
g: assists, has assisted, or proposes to assist, or gives, has given, or proposes to give, any information to any person performing a function or exercising a power under this Act; or
h: raises, has raised, or proposes to raise an issue or concern about health and safety with—
i: the PCBU; or
ii: the regulator or an inspector; or
iii: a worker's representative; or
iv: another worker; or
v: a health and safety representative; or
vi: a member of a health and safety committee; or
vii: any other person who has a duty under this Act in relation to the matter; or
viii: any other person performing a function or exercising a power under this Act; or
i: is involved in, has been involved in, or proposes to be involved in resolving a health and safety issue under this Act; or
j: is taking action, has taken action, or proposes to take action to seek compliance by any person with any duty or obligation under this Act; or
k: has ceased work under section 83 84 Model Work Health and Safety Act (Aust) s 106
90: Prohibition on adverse conduct
1: A person must not engage in adverse conduct for a prohibited health and safety reason.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $100,000:
b: for any other person, to a fine not exceeding $500,000.
3: However, a person commits an offence under subsection (1) only if the prohibited health and safety reason was the dominant reason for the adverse conduct. Model Work Health and Safety Act (Aust) s 104
91: Prohibition on requesting, instructing, inducing, encouraging, authorising, or assisting adverse conduct
1: A person must not request, instruct, induce, encourage, authorise, or assist another person to engage in adverse conduct in contravention of section 90
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $100,000:
b: for any other person, to a fine not exceeding $500,000. Model Work Health and Safety Act (Aust) s 107
92: Prohibition on coercion or inducement
1: A person must not organise or take, or threaten to organise or take, any action against another person with intent to coerce or induce the other person, or a third person,—
a: to perform or not to perform, or to propose to perform or not to perform, a function under this Act or a function under this Act in a particular way; or
b: to exercise or not to exercise, or propose to exercise or not to exercise, a power under this Act or a power under this Act in a particular way; or
c: to refrain from seeking, or continuing to undertake, a role under this Act.
2: For the purposes of subsection (1), the following are not to be treated as an action with intent to coerce or induce a person:
a: a reasonable direction given by a constable:
b: a reasonable direction given by an emergency services worker in an emergency.
3: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $100,000:
b: for any other person, to a fine not exceeding $500,000.
4: In this section,— emergency services worker
a: ambulance services, first aid, or medical or paramedical care:
b: designated services (as defined in section 6 organise or take, or threaten to organise or take, any action Model Work Health and Safety Act (Aust) s 108 Section 92(4) emergency services worker replaced 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
93: Misrepresentation
1: A person must not knowingly or recklessly make a false or misleading representation to another person about that other person's—
a: rights or obligations under this Act; or
b: ability to initiate, or participate in, a process or proceedings under this Act; or
c: ability to make a complaint or an inquiry to a person or body empowered under this Act to seek compliance with this Act.
2: Subsection (1) does not apply if the person to whom the representation is made would not be expected to rely on it.
3: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $100,000:
b: for any other person, to a fine not exceeding $500,000. Model Work Health and Safety Act (Aust) s 109
94: Proof of adverse conduct
1: This section applies if, in proceedings for an offence of contravening section 90 91
a: proves that adverse conduct was engaged in; and
b: proves that a prohibited health and safety reason existed at the time the adverse conduct was engaged in; and
c: adduces evidence that the adverse conduct was engaged in for a prohibited health and safety reason.
2: The prohibited health and safety reason alleged for the adverse conduct is presumed to be the dominant reason for that conduct unless the defendant proves that the reason was not the dominant reason for the conduct. Model Work Health and Safety Act (Aust) s 110(1), (2) Civil proceedings in relation to adverse or coercive conduct
95: Civil proceedings in relation to engaging in or inducing adverse or coercive conduct
1: An eligible person may apply to the District Court
a: engaged in adverse conduct for a prohibited health and safety reason; or
b: requested, instructed, induced, encouraged, authorised, or assisted another person to engage in adverse conduct for a prohibited health and safety reason; or
c: breached section 92
2: The orders are—
a: an injunction restraining the person from engaging in conduct described in subsection (1):
b: for conduct referred to in subsection (1)(a) or (b), an order that the person pay compensation that the court considers appropriate to the person who was the subject of the adverse conduct:
c: any other order that the court considers appropriate.
3: The court may grant an interim injunction restraining a person from engaging in conduct described in subsection (1) if, in its opinion, it is desirable to do so.
4: For the purposes of this section, a person may be found to have engaged in adverse conduct for a prohibited health and safety reason only if a prohibited health and safety reason was a substantial reason for the conduct.
5: For the purposes of this section, eligible person
a: a person affected by conduct described in subsection (1), or the person's representative; but
b: does not include an employee (or that employee's representative) in relation to conduct of that employee's employer or former employer. Model Work Health and Safety Act (Aust) s 112 Section 95(1) amended 1 March 2017 section 261 District Court Act 2016
96: Procedure for civil proceedings for adverse conduct
1: A proceeding brought under section 95
2: In a proceeding under section 95 section 95(1)(a) or (b)
3: It is a defence to a proceeding under section 95 section 95(1)(a) or (b)
a: the conduct was reasonable in the circumstances; and
b: a substantial reason for the conduct was to comply with relevant health and safety legislation. Model Work Health and Safety Act (Aust) s 113 General provisions
97: General provisions
1: Subject to subsections (2) and (3), the bringing of a prosecution under section 90 91 92
a: the bringing of a civil proceeding under section 95
b: the raising of a personal grievance under the Employment Relations Act 2000
2: If the District Court Sentencing Act 2002 section 90 91 92
a: the court may not order compensation to be payable in respect of the same losses in a civil proceeding under section 95
b: the Employment Relations Authority or Employment Court may not order compensation to be payable in respect of the same losses in relation to a personal grievance under the Employment Relations Act 2000
3: If, in respect of an action referred to in subsection (1)(a) or (b), the court or the Employment Relations Authority or Employment Court orders compensation to be payable for the conduct, the same losses cannot be the subject of an order of reparation under the Sentencing Act 2002 Model Work Health and Safety Act (Aust) s 114 Section 97(2) amended 1 March 2017 section 261 District Court Act 2016
6: Issue resolution
98: Resolution of work health and safety issues
If an issue about work health and safety arises at a workplace, the parties to the issue (including any representative of the parties) must make reasonable efforts to achieve a timely, final, and effective resolution of the issue. Model Work Health and Safety Act (Aust) s 81
99: Regulator may appoint inspector to assist parties in resolving issue
1: This section applies if a work health and safety issue has not been resolved after reasonable efforts have been made under section 98
2: A party to the issue may ask the regulator to appoint an inspector to assist the parties in resolving the issue.
3: If the regulator agrees to appoint an inspector, the inspector may, after providing assistance to the parties in accordance with subsection (2), decide the issue if it is of a type specified in regulations. Model Work Health and Safety Act (Aust) s 82(1), (2)
4: Enforcement and other matters
100: Meaning of notice
In this Part, notice
a: means any of the following notices issued under this Act:
i: an improvement notice:
ii: a prohibition notice:
iii: a non-disturbance notice:
iv: a suspension notice:
b: includes a subsequent notice.
1: Enforcement measures
Improvement notices
101: Power to issue improvement notices
1: This section applies if an inspector reasonably believes that a person—
a: is contravening a provision of this Act or regulations; or
b: is likely to contravene this Act or regulations.
2: The inspector may issue an improvement notice requiring the person to—
a: remedy the contravention; or
b: prevent a likely contravention from occurring; or
c: remedy the things or activities causing the contravention or likely to cause a contravention. 1992 No 96 s 39(1), (2)
102: Content of improvement notices
1: An improvement notice must state—
a: that the inspector believes the person—
i: is contravening a provision of this Act or regulations; or
ii: is likely to contravene this Act or regulations; and
b: the provision the inspector believes is being, or is likely to be, contravened; and
c: briefly, how the provision is being, or is likely to be, contravened; and
d: a reasonable period within which the person is required to remedy—
i: the contravention or likely contravention; or
ii: the things or activities causing the contravention or likely to cause a contravention.
2: An improvement notice may include recommendations concerning—
a: the measures that could be taken to remedy the contravention, or prevent the likely contravention, to which the notice relates:
b: the things or activities causing the contravention, or likely to cause a contravention, to which the notice relates. 1992 No 96 s 39(3), (4)
103: Compliance with improvement notice
1: A person who has been issued with an improvement notice must comply with the notice within the period specified in the notice.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for any other person, to a fine not exceeding $250,000.
3: It is not an offence to fail to comply with recommendations in an improvement notice. 1992 No 96 s 39(5)
104: Extension of time for compliance with improvement notices
1: This section applies if a person has been issued with an improvement notice.
2: An inspector may, by written notice given to the person, extend the compliance period for the improvement notice.
3: However, the inspector may extend the compliance period only if the period has not ended.
4: In this section, compliance period
a: means the period stated in the improvement notice under section 103(1)
b: includes any extension of that period under this section. Model Work Health and Safety Act (Aust) s 194 Prohibition notices
105: Power to issue prohibition notice
1: This section applies if,—
a: an inspector reasonably believes that—
i: an activity is occurring at a workplace that involves or will involve a serious risk to the health or safety of a person arising from an immediate or imminent exposure to a hazard; or
ii: an activity may occur at a workplace that, if it occurs, will involve a serious risk to the health or safety of a person arising from an immediate or imminent exposure to a hazard; or
b: in respect of any workplace, plant, or substance, or work that is required to be authorised under subpart 2 clause 2
i: believes that there is a serious risk to the health and safety of any person because of a failure to comply with this Act or regulations; or
ii: believes on reasonable grounds that it is likely that a person will fail to comply with this Act or regulations, and that failure would be likely to cause a serious risk to the health and safety of any person.
2: The inspector may give a person who has control over the matter or activity a direction prohibiting the carrying on of the matter or activity, or the carrying on of the matter or activity in a specified way, until an inspector is satisfied that the matter or activity that gives or will give rise to the risk has been remedied.
3: The direction may be given orally, but must be confirmed by written notice (a prohibition notice 1992 No 96 s 41(1)
106: Content of prohibition notice
1: A prohibition notice must—
a: state that the inspector believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and
b: describe briefly the matter or activity that the inspector believes gives rise or will give rise to the risk; and
c: in respect of a notice to which section 105(1)(b)
2: A prohibition notice may include recommendations on the measures that could be taken to remedy the risk, activities, or matters to which the notice relates, or the contravention or likely contravention referred to in subsection (1)(c).
3: Without limiting section 105
a: a workplace, or part of a workplace, at which the activity is not to be carried out:
b: anything that is not to be used in connection with the activity:
c: any procedure that is not to be followed in connection with the activity. 1992 No 96 s 41(2), (4)
107: Compliance with prohibition notice
1: A person to whom a direction is given under section 105(2)
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $100,000:
b: for any other person, to a fine not exceeding $500,000.
3: It is not an offence to fail to comply with recommendations in a prohibition notice. 1992 No 96 s 43 Non-disturbance notices
108: Power to issue non-disturbance notice
An inspector may issue a non-disturbance notice to a PCBU who manages or controls a workplace if the inspector reasonably believes that it is necessary to do so to facilitate the exercise of his or her compliance powers. Model Work Health and Safety Act (Aust) s 198
109: Content of non-disturbance notice
1: A non-disturbance notice may require a person to—
a: preserve the site at which a notifiable event has occurred for a specified period; or
b: prevent the disturbance of a particular site (including the operation of plant) in other circumstances for a specified period that is reasonable in the circumstances.
2: A non-disturbance notice must specify the period (not exceeding 7 days) for which it applies and set out—
a: the obligations of the person to whom the notice is issued; and
b: the measures to be taken to preserve a site or prevent the disturbance of a site; and
c: the penalty for contravening the notice.
3: In this section, a reference to a site
4: A non-disturbance notice does not prevent any action—
a: to assist an injured person; or
b: to remove a deceased person; or
c: that is essential to make the site safe or to prevent a further notifiable event; or
d: done by, or under direction of, a constable acting in the execution of his or her duties; or
e: for which an inspector or the regulator has given permission. Model Work Health and Safety Act (Aust) s 199
110: Compliance with non-disturbance notice
1: A person must not, without reasonable excuse, refuse or fail to comply with a non-disturbance notice issued to the person.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for any other person, to a fine not exceeding $250,000. Model Work Health and Safety Act (Aust) s 200
111: Issue of subsequent non-disturbance notices
1: If an inspector considers it necessary to do so, he or she may issue 1 or more subsequent non-disturbance notices to a person, whether before or after the expiry of the previous notice.
2: A subsequent non-disturbance notice issued under subsection (1) must comply with section 109 Model Work Health and Safety Act (Aust) s 201 General provisions
112: General provisions relating to notices
1: A notice must be in writing.
2: A notice may be addressed to any person under the person's legal name or usual business name or style. 1992 No 96 s 44
113: Changes to notice by inspector
An inspector or a health and safety medical practitioner (as the case may be) may make minor changes to a notice—
a: for clarification; or
b: to correct errors or references; or
c: to reflect changes of address or other circumstances. Model Work Health and Safety Act (Aust) s 206
114: Regulator may vary or cancel notice
Except as provided in section 113 Model Work Health and Safety Act (Aust) s 207
115: Formal irregularities or defects in notice
A notice is not invalid merely because of—
a: any defect, irregularity, omission, or want of form in the notice unless the defect, irregularity, omission, or want of form causes or is likely to cause a miscarriage of justice; or
b: a failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person and is issued to the person in accordance with section 116 Model Work Health and Safety Act (Aust) s 208
116: Issue of notice
1: A notice may be issued to a person—
a: by delivering it personally to the person; or
b: by sending it to the person—
i: by post to the person’s usual or last known place of residence or business; or
ii: by electronic transmission; or
c: by leaving it for the person at the person's usual or last known place of residence or business with a person who appears to be 16 years or over and who appears to reside or work there; or
d: by leaving it for the person at the workplace to which the notice relates with a person who is or appears to be in charge of the workplace; or
e: in a prescribed manner.
2: Regulations may prescribe the steps a person to whom a notice is issued must take to bring it to the attention of other persons.
3: A notice posted under subsection (1)(b)(i) is to be treated as having been received on the seventh day after the date on which it was posted. 1992 No 96 ss 40 42
117: Display of notice at workplace by person issued with notice
1: A person to whom a notice (other than a suspension notice) is issued must, as soon as practicable, display a copy of the notice in a prominent place at or near the workplace, or part of the workplace, at which work is being carried out that is affected by the notice.
2: A person must not intentionally remove, destroy, damage, or deface a notice displayed under subsection (1) while the notice is in force.
3: A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $5,000:
b: for any other person, to a fine not exceeding $25,000. Model Work Health and Safety Act (Aust) s 210
118: Inspector may display notice
1: An inspector who issues a notice under section 116
2: A person must not intentionally remove, destroy, damage, or deface a notice displayed under subsection (1) while the notice is in force.
3: A person who contravenes subsection (2) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $5,000:
b: for any other person, to a fine not exceeding $25,000. 1992 No 96 s 42(1)
2: Remedial action
119: When regulator may carry out remedial action
1: This section applies if a person to whom a prohibition notice is issued fails to take reasonable steps to comply with the notice.
2: The regulator may take any remedial action it believes reasonable to make the workplace or situation safe after giving written notice to the person to whom the prohibition notice was issued of—
a: the regulator's intention to take that action; and
b: the person's liability for the costs of that action. Model Work Health and Safety Act (Aust) s 211
120: Power of regulator to take other remedial action
1: This section applies if the regulator reasonably believes that—
a: circumstances exist in which a prohibition notice can be issued; and
b: a prohibition notice cannot be issued at a workplace because, after taking reasonable steps, the person to whom the notice could be issued cannot be found.
2: The regulator may take any remedial action necessary to make the workplace safe. Model Work Health and Safety Act (Aust) s 212
121: Costs of remedial or other action
The regulator may recover as a debt due to the regulator the reasonable costs of any remedial action taken under—
a: section 119
b: section 120 Model Work Health and Safety Act (Aust) s 213
3: Civil proceedings for non-compliance with notices
122: Civil proceedings relating to non-compliance with notice
1: On an application by the regulator, the District Court
a: compelling a person to comply with a notice; or
b: restraining a person from contravening a notice.
2: The court may make an order—
a: under subsection (1)(a) if it is satisfied that the person has refused or failed to comply with a notice:
b: under subsection (1)(b) if it is satisfied that the person has contravened, is contravening, or is likely to contravene a notice.
3: The court may make an order under subsection (1)—
a: whether or not proceedings have been brought for an offence against this Act or regulations in connection with any matter in relation to which the notice was issued; and
b: whether or not the compliance period for the notice has expired. Model Work Health and Safety Act (Aust) s 215 Section 122(1) amended 1 March 2017 section 261 District Court Act 2016
4: Enforceable undertakings
123: Regulator may accept enforceable undertakings
1: The regulator may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person of this Act or regulations.
2: The regulator must not accept an enforceable undertaking under subsection (1) if the regulator believes that the contravention or alleged contravention would amount to an offence against section 47
3: The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates. Model Work Health and Safety Act (Aust) s 216
124: Notice of decision and reasons for decision
1: The regulator must give the person seeking to make an enforceable undertaking written notice of—
a: its decision to accept or reject the undertaking; and
b: the reasons for the decision.
2: The regulator must publish, on an Internet site maintained by or on behalf of the regulator, notice of a decision to accept an enforceable undertaking and the reasons for that decision. Model Work Health and Safety Act (Aust) s 217
125: When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the regulator's decision to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the regulator. Model Work Health and Safety Act (Aust) s 218
126: Compliance with enforceable undertaking
1: A person must not contravene an enforceable undertaking given by that person that is in force.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for any other person, to a fine not exceeding $250,000. Model Work Health and Safety Act (Aust) s 219
127: Contravention of enforceable undertaking
1: The regulator may apply to the District Court
2: If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:
a: an order directing the person to comply with the undertaking:
b: an order discharging the undertaking.
3: In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the regulator—
a: the costs of the proceedings; and
b: the reasonable costs of the regulator in monitoring compliance with the enforceable undertaking in the future.
4: This section does not prevent proceedings being brought for the contravention or alleged contravention of this Act or regulations to which the enforceable undertaking relates. Model Work Health and Safety Act (Aust) s 220 Section 127(1) amended 1 March 2017 section 261 District Court Act 2016
128: Withdrawal or variation of enforceable undertaking
1: A person who has given an enforceable undertaking may at any time, with the written agreement of the regulator,—
a: withdraw the undertaking; or
b: vary the undertaking.
2: However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act or regulations.
3: The regulator must publish on an Internet site maintained by or on behalf of the regulator notice of the withdrawal or variation of an enforceable undertaking. Model Work Health and Safety Act (Aust) s 221
129: Proceedings for alleged contravention
1: Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations may be brought against a person if an enforceable undertaking is in effect in relation to that contravention.
2: No proceedings may be brought for a contravention or an alleged contravention of this Act or regulations against a person who—
a: has made an enforceable undertaking in relation to that contravention; and
b: has completely discharged the enforceable undertaking.
3: The regulator may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.
4: If the regulator accepts an enforceable undertaking before the proceedings are completed, the regulator must take all reasonable steps to have the proceedings discontinued as soon as practicable. Model Work Health and Safety Act (Aust) s 222
5: Reviews and appeals
130: Interpretation
In this subpart, unless the context otherwise requires,— appealable decision
a: a reviewable decision, but only if that decision has been subject to internal review and the regulator has made a decision on the review:
b: a decision made by the regulator to issue a notice (including a subsequent notice):
c: a decision made by the regulator to cancel or vary a notice:
d: a decision made by the regulator to extend the time to comply with an improvement notice:
e: a decision made by the regulator to stay the operation of a decision to issue a notice:
f: a decision made by the regulator of a type prescribed by regulations for the purposes of this section eligible person reviewable decision
a: to issue a notice (including a subsequent notice) under this Act; or
b: to extend the time to comply with an improvement notice; or
c: in respect of a provisional improvement notice under section 81
d: of a type prescribed by regulations for the purposes of this section. Internal review
131: Application for internal review
1: An eligible person in relation to a reviewable decision may apply to the regulator for review (an internal review
a: the specified time after the day on which the decision first came to the eligible person's notice; or
b: any longer period that the regulator allows.
2: The application must be made in the manner and form required by the regulator.
3: For the purposes of this section, the specified time
a: for a decision to issue an improvement notice, the period specified in the notice for compliance with the notice or 14 days, whichever is the lesser; and
b: in any other case, 14 days. Model Work Health and Safety Act (Aust) s 224
132: Decision of regulator
1: The regulator must review the reviewable decision and make a decision—
a: as soon as practicable; and
b: within 14 days after the application for internal review is received.
2: However, the individual who made the reviewable decision must not review the decision.
3: The regulator's decision may—
a: confirm or vary the reviewable decision; or
b: set aside the reviewable decision; or
c: set aside the reviewable decision and substitute another decision that the regulator considers appropriate.
4: The regulator may seek further information from the applicant, and, if it does,—
a: the period specified in subsection (1)(b) ceases to run until the applicant provides the information to the regulator; and
b: the applicant must provide the information within the period (not less than 7 days) specified by the regulator in the request for information.
5: If the applicant does not provide the further information within the required time, the regulator may make a decision on the internal review on the basis of the information held by the regulator.
6: If the reviewable decision is not varied or set aside within the period specified in subsection (1)(b), the decision is to be treated as having been confirmed by the regulator. Model Work Health and Safety Act (Aust) ss 225, 226
133: Notice of decision on internal review
As soon as practicable after making a decision in accordance with section 132
a: the decision on the internal review; and
b: the reasons for the decision. Model Work Health and Safety Act (Aust) s 227
134: Stay of reviewable decision on internal review
1: If an application is made for an internal review of a decision to issue a notice, the regulator may stay the operation of the decision.
2: The regulator may stay the operation of a decision—
a: on the regulator's own initiative; or
b: on the application of the applicant for review.
3: The regulator must make a decision on an application for a stay within 3 working days after the regulator receives the application.
4: If the regulator has not made a decision on an application under subsection (2)(b) within the time set out in subsection (3), the regulator is to be treated as having made a decision to grant a stay.
5: A stay of the operation of a decision pending a decision on an internal review continues until the reviewer has made a decision on the review. Model Work Health and Safety Act (Aust) s 228 Appeal to District Court
135: Application for appeal
1: An eligible person may appeal to the District Court
2: The appeal must be lodged within 14 days after the day on which the appealable decision first came to the eligible person's notice.
3: On an appeal under subsection (1), the court must inquire into the decision and may—
a: confirm or vary the decision; or
b: set aside the decision; or
c: set aside the decision and substitute another decision that the court considers appropriate. 1992 No 96 s 46 Section 135(1) amended 1 March 2017 section 261 District Court Act 2016
6: Infringement offences
136: Interpretation
In this subpart,— infringement fee infringement offence section 47 48 49
137: Proceedings for infringement offence
1: A person who is alleged to have committed an infringement offence may either—
a: be proceeded against by the filing of a charging document under section 14
b: be served with an infringement notice under section 138
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)
138: Infringement notices
1: The regulator may issue an infringement notice to a person if the regulator believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
2: The regulator may deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence or send the notice by post addressed to that person's last known place of residence or business.
3: An infringement notice (or a copy of it) sent by post to a person under subsection (2) is to be treated as having been served on that person when it was posted.
4: An infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: any other particulars that may be prescribed.
5: If an infringement notice has been issued under this section, the procedure under section 21 1992 No 96 ss 56B(1)(a) 56E(2)–(5)
139: Revocation of infringement notice
1: The regulator may revoke an infringement notice issued under section 138 section 21
2: An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked. 1992 No 96 s 56B(2), (3)
140: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. 1992 No 96 s 56G
7: Criminal proceedings
141: Meaning of enforcement action
In this subpart, unless the context otherwise requires, enforcement action
a: in relation to the regulator, the filing of a charging document under section 14
b: in relation to a person other than the regulator, the filing of a charging document under section 14
142: Person may notify regulator of interest in knowing of enforcement action taken by regulator
1: A person may notify the regulator in the manner determined by the regulator that the person has an interest in knowing whether a particular incident, situation, or set of circumstances has been, is, or is to be subject to the taking of enforcement action by the regulator.
2: If the regulator receives a notification under subsection (1), the regulator must—
a: establish whether—
i: it or any other regulator has made a decision to take any enforcement action in respect of the incident, situation, or set of circumstances; or
ii: any regulatory agency has made a decision to take prosecution action in respect of the same incident, situation, or set of circumstances; and
b: notify the person in writing of that decision, but not the reasons for the decision. 1992 No 96 s 54
143: Prosecutions by regulator
Subject to section 144 1992 No 96 s 54A
144: Private prosecutions
1: A person other than the regulator may file a charging document in respect of an offence under this Act if—
a: the regulator has not taken, and does not intend to take, enforcement action against any person in respect of the same incident, situation, or set of circumstances; and
b: a regulatory agency has not taken, and does not intend to take, prosecution action under any other Act against any person in respect of the same incident, situation, or set of circumstances; and
c: any person has received notification from the regulator under section 142(2)(b)
i: has taken enforcement action or prosecution action against any person in respect of the same incident, situation, or set of circumstances; and
ii: intends to take any enforcement action or prosecution action.
2: For the purposes of subsection (1), if the regulator or a regulatory agency is unable to take enforcement action or prosecution action against any person in respect of the same incident, situation, or set of circumstances because the person is dead, the regulator or regulatory agency (as the case may be) must be treated as intending to take enforcement action or prosecution action.
3: Despite subsection (1)(b), a person other than the regulator may file a charging document even though a regulatory agency has taken or intends to take prosecution action if—
a: the person has leave of the court; and
b: the person has received notification from the regulator under section 142(2)(b)
4: If a person applies for leave under subsection (3)(a), the Registrar must refer the matter to a District Court Judge for a direction that the person proposing to commence the proceeding file formal statements, and the exhibits referred to in those statements, that form the evidence that the person proposes to call at trial, or such part of that evidence that the person considers is sufficient to justify a trial.
5: Section 26(2) to (5)
a: a reference to accepting a charging document for filing must be read as if it were a reference to granting leave:
b: in determining whether the proposed prosecution is an abuse of process in accordance with section 26(3)(b) of that Act, the Judge must take into account—
i: whether allowing the proposed prosecution to proceed would be consistent with the purpose of this Act; and
ii: whether the proposed prosecution is in the public interest. 1992 No 96 s 54A(2), (3)
145: Continuing or repeated matters
Nothing in this Act prevents the regulator or another person from taking enforcement action in respect of an incident, situation, or set of circumstances despite enforcement action having been taken in respect of that incident, situation, or set of circumstances, if the incident, situation, or set of circumstances is continuing or repeated. 1992 No 96 s 54E Limitation periods for prosecutions
146: Limitation period for prosecutions brought by regulator
1: Despite section 25
a: within 12 months after the date on which the incident, situation, or set of circumstances to which the offence relates first became known, or ought reasonably to have become known, to the regulator:
b: within 6 months after the date on which a coroner completes and signs a certificate of findings under section 94
c: if an enforceable undertaking has been given in relation to the offence, within 6 months after—
i: the enforceable undertaking is contravened; or
ii: it comes to the notice of the regulator that the enforceable undertaking has been contravened; or
iii: the regulator has agreed under section 128
2: Subsection (1)(a) is subject to section 147 1992 No 96 s 54B
147: Extension of time if regulator needs longer to decide whether to bring prosecution
1: This section applies if the regulator considers that it will not be able to file a charging document by the end of the 12-month period specified in section 146(1)(a)
2: The District Court may, on application by the regulator made before the end of the 12-month period specified in section 146(1)(a)
3: The court must not grant an extension under subsection (2) unless it is satisfied that—
a: the regulator reasonably requires longer than the 12-month period to decide whether to file a charging document; and
b: the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time consuming; and
c: it is in the public interest in the circumstances that a charging document is able to be filed after the 12-month period expires; and
d: filing the charging document after the 12-month period expires will not unfairly prejudice the proposed defendant in defending the charge.
4: The court must give the following persons an opportunity to be heard:
a: the regulator:
b: the proposed defendant:
c: any other person who has an interest in whether or not a charging document should be filed, being a person described in section 142(1) 1992 No 96 s 54D
148: Limitation period for private prosecutions
Despite section 25
a: within 2 years after the date on which the incident, situation, or set of circumstances to which the offence relates first became known, or ought reasonably to have become known, to the regulator:
b: within 6 months after the date on which a coroner completes and signs a certificate of findings under section 94
c: within 3 months after the date of expiry of any extension granted to the regulator under section 147(2)
d: if an enforceable undertaking has been given in relation to the offence, within 6 months after—
i: the enforceable undertaking is contravened; or
ii: it comes to the notice of the regulator that the enforceable undertaking has been contravened; or
iii: the regulator has agreed under section 128
149: Certain proceedings may be brought after end of limitation period if fresh evidence discovered
Despite anything in section 146 147 148
a: proceedings for an offence against section 47
b: proceedings for an offence against section 48 Model Work Health and Safety Act (Aust) s 232(2)
8: Sentencing for offences
150: Application of subpart
This subpart applies if a court convicts a person (an offender Model Work Health and Safety Act (Aust) s 234
151: Sentencing criteria
1: This section applies when a court is determining how to sentence or otherwise deal with an offender convicted of an offence under section 47 48 49
2: The court must apply the Sentencing Act 2002
a: sections 7 to 10
b: the purpose of this Act; and
c: the risk of, and the potential for, illness, injury, or death that could have occurred; and
d: whether death, serious injury, or serious illness occurred or could reasonably have been expected to have occurred; and
e: the safety record of the person (including, without limitation, any warning, infringement notice, or improvement notice issued to the person or enforceable undertaking agreed to by the person) to the extent that it shows whether any aggravating factor is present; and
f: the degree of departure from prevailing standards in the person's sector or industry as an aggravating factor; and
g: the person's financial capacity or ability to pay any fine to the extent that it has the effect of increasing the amount of the fine. 1992 No 96 s 51A
152: Order for payment of regulator's costs in bringing prosecution
1: On the application of the regulator, the court may order the offender to pay to the regulator a sum that it thinks just and reasonable towards the costs of the prosecution (including the costs of investigating the offending and any associated costs).
2: If the court makes an order under subsection (1), it must not make an order under section 4
3: If the court makes an order under subsection (1) in respect of a Crown organisation, any costs and fees awarded must be paid from the funds of that organisation. 1967 No 129 s 4(5)
153: Adverse publicity orders
1: A court may make an order (an adverse publicity order
a: to take either or both of the following actions within the period specified in the order:
i: to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed, and any other related matter:
ii: to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed, and any other related matter; and
b: to give the regulator, within 7 days after the end of the period specified in the order, evidence that the action or actions have been taken by the offender in accordance with the order.
2: The court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.
3: If the offender fails to give evidence to the regulator in accordance with subsection (1)(b), the regulator, or a person authorised in writing by the regulator, may take the action or actions specified in the order.
4: However, the regulator may apply to the court for an order authorising the regulator, or a person authorised in writing by the regulator, to take the action or actions specified in the order if—
a: the offender gives evidence to the regulator in accordance with subsection (1)(b); and
b: despite that evidence, the regulator is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order.
5: If the court makes an order under subsection (1), the regulator may recover as a debt due to the regulator in any court of competent jurisdiction any reasonable expenses incurred in taking an action under subsection (3) or (4). Model Work Health and Safety Act (Aust) s 236
154: Orders for restoration
1: A court may make an order requiring an offender to take the specified steps, within a specified period, to remedy any matter caused by the commission of the offence that appears to the court to be within the offender's power to remedy.
2: The period in which an order under this section must be complied with may be extended, or further extended, by order of the court, but only if an application for the extension is made before the expiry of that period.
3: The court may not make an order under this section for any matter in respect of which an order for reparation is made under section 32 Model Work Health and Safety Act (Aust) s 237
155: Work health and safety project orders
1: A court may make an order requiring an offender to undertake a specified project for the general improvement of work health and safety within the period specified in the order.
2: The order may specify conditions that must be complied with in undertaking the specified project. Model Work Health and Safety Act (Aust) s 238
156: Release on giving of court-ordered enforceable undertaking
1: The court may (with or without recording a conviction) adjourn a proceeding for up to 2 years and make an order for the release of the offender if the offender gives an undertaking with specified conditions (a court-ordered enforceable undertaking
2: A court-ordered enforceable undertaking must specify the following conditions:
a: that the offender appears before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned:
b: that the offender does not commit, during the period of the adjournment, any offence against this Act or regulations:
c: that the offender observes any special conditions imposed by the court.
3: An offender who has given a court-ordered enforceable undertaking under this section may be called on to appear before the court by order of the court.
4: An order under subsection (3) must be served on the offender not less than 4 days before the time specified in it for the appearance.
5: If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered enforceable undertaking, it must discharge the offender without any further hearing of the proceeding.
6: The regulator must publish, on an Internet site maintained by or on behalf of the regulator, notice of a court-ordered enforceable undertaking made in accordance with subsection (1), unless the court orders otherwise. Model Work Health and Safety Act (Aust) s 239
157: Injunctions
If a court finds a person guilty of an offence against this Act or regulations, the court may issue an injunction requiring the offender to cease any particular conduct or action that constitutes a contravention of this Act or regulations. Model Work Health and Safety Act (Aust) s 240
158: Training orders
The court may make an order requiring an offender to undertake, or arrange for 1 or more workers to undertake, a specified course of training. Model Work Health and Safety Act (Aust) s 241
159: Offence to fail to comply with order
1: A person must not, without reasonable excuse, fail to comply with an order under this subpart.
2: Subsection (1) does not apply to—
a: an order made under section 156
b: an injunction granted under section 157
3: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for any other person, to a fine not exceeding $250,000. Model Work Health and Safety Act (Aust) s 242
9: General provisions relating to proceedings
160: State of mind of directors, employees, or agents attributed
1: If, in any civil proceedings under this Act in respect of any conduct engaged in by an individual, being conduct in relation to which any provision of this Act or regulations applies, it is necessary to establish the state of mind of that individual, it is sufficient to show that an employee or agent of the individual acting within the scope of his, her, or its actual or apparent authority, had that state of mind.
2: If, in any civil or criminal proceedings under this Act in respect of any conduct engaged in by a person other than an individual, being conduct in relation to which any provision of this Act or regulations applies, it is necessary to establish the state of mind of the person, it is sufficient to show that an officer, employee, or agent of the person, acting within the scope of his or her actual or apparent authority, had that state of mind.
3: In this section, state of mind Model Work Health and Safety Act (Aust) s 244(2), (3)
161: Conduct of directors, employees, or agents attributed
1: Conduct engaged in on behalf of an individual ( person A
a: an employee or agent of person A, acting within the scope of his, her, or its actual or apparent authority:
b: any other person at the direction or with the consent or agreement (whether express or implied) either of person A or an employee or agent of person A, given within the scope of the actual or apparent authority of the employee or agent.
2: Conduct engaged in on behalf of a person (other than an individual) by any of the following must be treated, for the purposes of this Act, as having been engaged in also by that person:
a: an officer, employee, or agent of the person acting within the scope of his, her, or its actual or apparent authority:
b: any other person at the direction or with the consent or agreement (whether express or implied) of an officer, employee, or agent of the person, given within the scope of the actual or apparent authority of the officer, employee, or agent. Model Work Health and Safety Act (Aust) s 244(1)
162: Proceedings involving classified security information
Schedule 4
10: Inspectors and health and safety medical practitioners
Inspectors
163: Appointment of inspectors
1: The regulator may, by notice in writing, appoint any of the following as an inspector:
a: a public service employee as defined in section 65
b: an employee of the State services (within the meaning of the Public Service Act 2020
c: a statutory officer:
d: a prescribed person:
e: an employee of the regulator:
f: any other person who the regulator is satisfied—
i: is suitably qualified and trained:
ii: belongs to a class of persons who are suitably qualified and trained to exercise any or all of the powers of, and carry out any or all of the duties of, an inspector under relevant health and safety legislation.
2: An inspector's compliance powers are subject to any conditions or limitations specified in the notice of the inspector's appointment.
3: However, the exercise of a compliance power by an inspector is not invalid merely because it did not comply with the conditions specified in the notice of the inspector's appointment. Model Work Health and Safety Act (Aust) ss 156, 161 Section 163(1)(a) replaced 7 August 2020 section 135 Public Service Act 2020 Section 163(1)(b) amended 7 August 2020 section 135 Public Service Act 2020
164: Identity cards
1: The regulator must give each inspector an identity card that—
a: states the person's name and appointment as an inspector; and
b: includes any other matter prescribed by regulations.
2: An inspector must, when exercising compliance powers under this Act, produce his or her identity card for inspection on request.
3: A person who ceases to be an inspector must as soon as practicable return the identity card to the regulator. Model Work Health and Safety Act (Aust) s 157
165: Suspension and ending of appointment of inspectors
1: The regulator may suspend or end the appointment of an inspector at any time.
2: To avoid doubt, a person's appointment as an inspector ends when the person ceases to be eligible for appointment as an inspector. Model Work Health and Safety Act (Aust) s 159
166: Inspectors subject to regulator's directions
1: An inspector (whether or not an employee) is subject to directions from the regulator that appointed him or her in the exercise of the inspector's compliance powers.
2: A direction under subsection (1) may be of a general nature or may relate to a specified matter or specified class of matter.
3: A failure to comply with a direction under subsection (1) does not invalidate the exercise of an inspector's compliance power. Model Work Health and Safety Act (Aust) s 162
167: Regulator has powers of inspector
The regulator has all the powers that an inspector has under this Act.
168: Powers of entry and inspection
1: Subject to section 169
a: conduct examinations, tests, inquiries, and inspections, or direct a PCBU or a person who is or appears to be in charge of the workplace to conduct examinations, tests, inquiries, or inspections:
b: be accompanied and assisted by any other person and bring into the workplace any equipment necessary to carry out the inspector's functions:
c: take photographs and measurements and make sketches and recordings:
d: require the PCBU or a person who is or appears to be in charge of the workplace to ensure that the workplace or any place or thing in the workplace specified by the inspector is not disturbed for a reasonable period pending examination, test, inquiry, or inspection:
e: require the PCBU or a person who is or appears to be in charge of the workplace to—
i: produce information relating to the work, the workplace, or the workers who work there; and
ii: produce information relating to the PCBU's compliance with relevant health and safety legislation; and
iii: permit the inspector to examine and make copies of, or take extracts from, the information:
f: require the PCBU or a person who is or appears to be in charge of the workplace to make or provide statements, in any form and manner that the inspector specifies.
2: An inspector may do any of the things referred to in subsection (1), whether or not—
a: the inspector or the person whom the inspector is dealing with is in the workplace; or
b: the workplace is still a workplace; or
c: the workers work in the workplace; or
d: the PCBU is still a PCBU in respect of the workplace; or
e: the workers still carry out work in any capacity for the PCBU; or
f: in respect of any information, the information is—
i: in the workplace; or
ii: in the place where the inspector is; or
iii: in another place.
3: Despite subsection (1), an inspector must not enter a defence area except in accordance with a written agreement between the regulator and the Chief of Defence Force that is entered into for the purposes of this section and is for the time being in force.
4: Despite subsection (1)(e), if all or any part of the information relates to a person's health status and identifies the person, an inspector must not, without that person's consent,—
a: require the production of information; or
b: examine the information; or
c: make a copy of, or take an extract from, the information.
5: Nothing in this section affects the application of section 60 of the Evidence Act 2006.
6: In this section, information 1992 No 96 s 31
169: Power to enter homes
1: Despite section 168(1) and (2)
a: enter a workplace that is, or is within, a home; or
b: enter a workplace through a home.
2: An issuing officer may, on an application made by an inspector in the manner provided in subpart 3 of Part 4
a: is a workplace or has a workplace within it; or
b: is the only practicable means through which the inspector may enter the workplace.
3: A warrant issued under subsection (2) authorises an inspector to exercise only the powers specified in section 168 1992 No 96 s 31
170: Power to deal with cause of imminent danger
1: This section applies if an inspector who enters a workplace under section 168 169 cause of imminent danger
2: The inspector may seize, destroy, or take any other action to reduce or remove the cause of imminent danger.
3: The inspector must,—
a: before exercising the power under subsection (2), if it is practicable to do so, take a sample of the cause of imminent danger:
b: as soon as practicable after exercising the power under subsection (2), give the PCBU written notice of the action taken in relation to the cause of imminent danger. Model Work Health and Safety Act (Aust) s 176; Health and Safety at Work etc. Act 1974 (UK) s 25
171: Notice of entry
1: If an inspector enters any workplace under this Act and is unable, despite reasonable efforts, to find any person in charge, the inspector must before leaving the workplace leave a written notice stating—
a: the inspector's identity; and
b: the inspector's contact information; and
c: the date and time of entry; and
d: the inspector's reasons for entering.
2: In this section, contact information
a: the name of the inspector; and
b: 1 or more of the following:
i: telephone number:
ii: email address:
iii: physical or postal address. 1992 No 96 s 32(2)
172: Power to take samples and other objects and things
1: An inspector who enters a workplace or a former workplace under section 168 169
a: monitoring conditions in the workplace; or
b: determining the nature of any material or substance in the workplace; or
c: determining whether relevant health and safety legislation has been, is being, or is likely to be complied with; or
d: gathering evidence to support the taking of enforcement action.
2: This section does not allow an inspector to take a sample from a person's body unless the inspector has that person's informed consent to the taking of the sample.
3: If an inspector removes or retains any sample, material, substance, or thing under subsection (1), the inspector must,—
a: at the time he or she removes or retains the sample, material, substance, or thing or as soon as practicable after doing so, give the PCBU written notice of—
i: what has been (or is being) removed or retained; and
ii: why it has been (or is being) removed or retained; and
iii: where it will be kept in the meantime; and
b: subject to subsections (4) and (5), within 5 working days of removing or retaining any sample, material, substance, or thing, give the PCBU written notice of whether the inspector intends to return it or destroy it.
4: If it is practicable to do so, the inspector must return the sample, material, substance, or thing to its owner—
a: when it is no longer required for any purpose under relevant health and safety legislation (or any other enactment); or
b: if a court earlier orders its return.
5: The inspector may destroy any removed or retained sample, material, substance, or thing if—
a: it is perishable and has become rotten or has otherwise deteriorated; or
b: it is perishable and is likely to become rotten or perish before it can be dealt with under subsection (4); or
c: it is likely to pose a risk to public health.
6: In addition, sections 154 155 159
7: The provisions of the Search and Surveillance Act 2012
a: the reference in section 159(1) section 156(2)
i: any person from whom the sample, material, substance, or thing was seized:
ii: the PCBU:
iii: any other person who, in the opinion of the inspector, may be affected by the forfeiture of the sample, material, substance, or thing; and
b: references to a thing were to any sample, material, substance, or thing; and
c: references to seized or produced were to removed or retained; and
d: references to the person in whose custody the thing is were to the inspector; and
e: all other necessary modifications were made.
8: Any sample, material, substance, or thing forfeited to the Crown may be destroyed or otherwise disposed of as the inspector directs. 1992 No 96 s 33
173: Power of regulator to authorise making of applications for search warrants
1: A regulator may authorise a specified person to enter and search a place, vehicle, or other thing for the purpose of ascertaining whether a person has engaged in or is engaging in conduct that contravenes or may contravene relevant health and safety legislation if the regulator is satisfied that there are reasonable grounds—
a: to suspect that person has engaged in or is engaging in conduct that constitutes or may constitute such a contravention; and
b: to believe that the search will find evidential material in or on any part of the place, vehicle, or thing.
2: A specified person authorised under subsection (1) may enter and search the place, vehicle, or other thing if—
a: the occupier of the place, or the person in charge of the vehicle or thing, (as the case may be) consents; or
b: the specified person obtains a warrant under subsection (3).
3: An issuing officer may issue a search warrant in relation to a place, vehicle, or thing, on an application made in the manner provided by subpart 3 of Part 4
a: to suspect that a person has engaged in or is engaging in conduct that contravenes or may contravene any provision of relevant health and safety legislation; and
b: to believe that the search will find evidential material in or on any part of the place, vehicle, or thing.
4: In this section, specified person
a: an inspector; or
b: an employee of the regulator; or
c: any other person who, the regulator is satisfied,—
i: is suitably qualified and trained:
ii: belongs to a class of persons who are suitably qualified and trained to act under this section.
5: Despite subsection (4), a constable may apply for a warrant to be issued under subsection (3) without an authorisation from a regulator under subsection (1).
6: The provisions of subpart 2 of Part 3 Part 4 sections 118 119 Model Work Health and Safety Act (Aust) s 167
174: Continuation of powers of entry and inspection without search warrants
An inspector who, in the course of exercising a power under section 168 169 section 173 section 168 or 169
175: Power to require name and address
1: An inspector may require a person to provide the person's name and residential address if—
a: the inspector finds the person committing an offence against relevant health and safety legislation; or
b: the inspector finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has committed an offence against relevant health and safety legislation.
2: When asking a person to provide his or her name and residential address, the inspector must—
a: tell the person the reason for the requirement to provide his or her name and residential address; and
b: warn the person that it is an offence to fail to provide his or her name and residential address, unless the person has a reasonable excuse.
3: If the inspector reasonably believes that the name and residential address a person provides are false, the inspector may require the person to give evidence of their correctness. Model Work Health and Safety Act (Aust) s 185
176: Duty to assist inspectors
1: Any person on whom a duty is imposed by relevant health and safety legislation must give all reasonable assistance to enable an inspector to enter, inspect, examine, inquire, or exercise any other power under relevant health and safety legislation.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $10,000:
b: for any other person, to a fine not exceeding $50,000. 1992 No 96 s 47
177: Immunity of inspectors and persons assisting inspectors or regulator
The following persons are not liable in any criminal or civil proceedings for any act done or omitted to be done in good faith in the performance or exercise, or intended performance or exercise, of an inspector’s functions or powers under relevant health and safety legislation:
a: an inspector:
b: a person called on to assist an inspector:
c: a person called on to assist the regulator. Model Work Health and Safety Act (Aust) s 270(1)
178: Offence for failing to provide inspector with correct name and residential address
1: A person must not, without reasonable excuse, refuse or fail to comply with a requirement under section 175(1) or (3)
2: A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000. Model Work Health and Safety Act (Aust) s 185
179: Offence to hinder or obstruct inspector
1: A person must not, without reasonable cause, hinder or obstruct an inspector in exercising his or her compliance powers, or cause or attempt to cause any other person to do so.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $10,000:
b: for any other person, to a fine not exceeding $50,000. 1992 No 96 s 48
180: Offence to impersonate inspector
1: A person who is not an inspector must not, in any way, hold himself or herself out to be an inspector.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000. 1992 No 96 s 58 Health and safety medical practitioners
181: Appointment of health and safety medical practitioners
1: The regulator may appoint any medical practitioner to be a health and safety medical practitioner.
2: A health and safety medical practitioner must exercise the powers of a health and safety medical practitioner subject to the directions given and conditions (if any) for the time being imposed by the regulator.
3: Every health and safety medical practitioner must have a certificate of appointment in a form approved by the regulator. 1992 No 96 s 34(1)–(3)
182: Suspension and ending of appointment of health and safety medical practitioners
1: The regulator may suspend or end the appointment of a health and safety medical practitioner at any time.
2: A person’s appointment as a health and safety medical practitioner ends when the person ceases to be a medical practitioner. 1992 No 96 s 34(4)
183: Powers of entry and inspection of health and safety medical practitioners
1: For the purposes of relevant health and safety legislation, a health and safety medical practitioner may, at any reasonable time, enter a workplace and—
a: conduct examinations, tests, inquiries, and inspections, or direct a PCBU to conduct examinations, tests, inquiries, or inspections:
b: be accompanied and assisted by any other person and bring into the workplace any equipment necessary to carry out the health and safety medical practitioner's functions:
c: take photographs and measurements and make sketches and recordings:
d: require a PCBU to produce documents or information relating to the workplace or the workers who work there and permit the health and safety medical practitioner to examine and make copies or extracts of the documents and information.
2: Despite subsection (1), a health and safety medical practitioner must not, except with the consent of an occupier or pursuant to a warrant issued under subsection (4),—
a: enter a workplace that is, or is within, a home; or
b: enter a workplace through a home.
3: Despite subsection (1), a health and safety medical practitioner must not enter a defence area except in accordance with a written agreement between the regulator and the Chief of Defence Force that is entered into for the purposes of this section and is for the time being in force.
4: An issuing officer may, on an application made by a health and safety medical practitioner in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, issue a warrant to enter a home (or part of a home) if he or she is satisfied that there are reasonable grounds to believe that the home—
a: is a workplace or has a workplace within it; or
b: is the only practicable means through which the health and safety medical practitioner may enter the workplace. 1992 No 96 s 35
184: Health and safety medical practitioners may require workers to be medically examined
1: A health and safety medical practitioner may exercise the powers under this section if satisfied that—
a: any worker is, has been, or may have been exposed to a significant hazard while at work; and
b: by examining the worker or causing a sample taken from the worker to be tested or analysed, it is likely to be possible to determine—
i: whether the worker is or has been exposed to the hazard; or
ii: the extent to which the worker is or has been exposed to the hazard; or
iii: the extent to which the worker's health has been or may have been affected by exposure to the hazard.
2: A health and safety medical practitioner may, by notice in writing to the worker,—
a: require the worker—
i: to be examined by a health practitioner; and
ii: to provide to the health and safety medical practitioner a certificate from the health practitioner as to the worker's fitness for work:
b: require the worker—
i: to allow a person (or person of a kind) specified in the notice to take from the worker a sample of a kind specified in the notice; and
ii: to have the sample tested or analysed by a person (or person of a kind) specified in the notice in a manner specified in the notice; and
iii: to provide the health and safety medical practitioner with a written report from the person who tests or analyses the sample on the results of the tests and analyses done.
3: In this section and in section 185 significant hazard
a: death; or
b: notifiable injury or illness the severity of whose effects on any person depends (entirely or among other things) on the extent or frequency of the person's exposure to the hazard; or
c: notifiable injury or illness that does not usually occur, or usually is not easily detectable, until a significant time after exposure to the hazard. 1992 No 96 s 36
185: Health and safety medical practitioners may suspend workers in certain cases
1: Subject to subsection (2), a health and safety medical practitioner may, by written notice to the worker (a copy of which must be given to the PCBU),—
a: require the worker to cease doing anything specified in the notice that, in the health and safety medical practitioner's opinion, constitutes, causes, or increases the worker's exposure to the hazard; and
b: require the PCBU to ensure that the worker ceases doing the thing or things specified in the notice.
2: A health and safety medical practitioner may exercise the powers under subsection (1) if satisfied that—
a: a worker—
i: is, has been, or may have been exposed to a significant hazard while at work; and
ii: has failed or refused, without reasonable cause, to comply with a notice under section 184
b: a worker has been so harmed by exposure to a significant hazard while at work that the worker should not continue to be exposed to the hazard.
3: Every worker and PCBU must comply with a suspension notice served under this section. 1992 No 96 s 37
186: Immunity of health and safety medical practitioners and persons assisting health and safety medical practitioners
A health and safety medical practitioner or a person called on to assist a health and safety medical practitioner is not liable in any criminal or civil proceedings for any act done or omitted to be done in good faith in the performance or exercise, or intended performance or exercise, of his or her functions or powers under relevant health and safety legislation.
187: Offence to hinder or obstruct health and safety medical practitioner
1: A person must not, without reasonable cause, hinder or obstruct a health and safety medical practitioner in exercising his or her compliance powers, or cause or attempt to cause any other person to do so.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $10,000:
b: for any other person, to a fine not exceeding $50,000. 1992 No 96 s 38
188: Offence to impersonate health and safety medical practitioner
1: A person who is not a health and safety medical practitioner must not, in any way, hold himself or herself out to be a health and safety medical practitioner.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000. 1992 No 96 s 38
5: Miscellaneous provisions
1: Administration
189: Role of WorkSafe
Except to the extent that a designation under section 191
190: Functions and powers of regulator other than WorkSafe
Subject to its scope of designation, a regulator other than WorkSafe has the following functions under this Act:
a: to monitor and enforce compliance with relevant health and safety legislation:
b: to develop codes of practice:
c: to develop safe work instruments:
d: to publish information about—
i: its approach to enforcing compliance with relevant health and safety legislation (including where a provision of the relevant health and safety legislation overlaps with another enactment); and
ii: its performance standards for completing investigations in relation to enforcing compliance with relevant health and safety legislation:
e: to provide guidance, advice, and information on work health and safety to—
i: persons who have duties under the relevant health and safety legislation; and
ii: the public:
f: to promote and support research, education, and training in work health and safety:
g: to collect, analyse, and publish statistics and other information relating to work health and safety:
h: to engage in, promote, and co-ordinate the sharing of information with other regulatory agencies:
i: to foster a co-operative and consultative relationship between persons who have duties under the relevant health and safety legislation and the persons to whom they owe duties and their representatives in relation to work health and safety:
j: to promote and co-ordinate the implementation of work health and safety initiatives by establishing partnerships or collaborating with other agencies or interested persons in a coherent, efficient, and effective way:
k: to perform any other functions or exercise any other powers conferred on the regulator by or under—
i: this Act or regulations; or
ii: any other enactment. Model Work Health and Safety Act (Aust) ss 152, 153(2) Designated agencies
191: Designated agencies
1: The Prime Minister may designate an agency listed in subsection (3) as a designated agency, having regard to the specialist knowledge of that agency.
2: A designation under subsection (1) must be made by notice in the Gazette scope of designation
a: a particular industry, sector, or type of work or circumstance; and
b: the functions or powers (or both) of the regulator under this Act, or any other enactment, that the designated agency may perform or exercise in respect of the particular industry, sector, or type of work or circumstance.
3: The agencies are—
a: the chief executive of a department or departmental agency (within the meaning of section 5
b: a Crown entity (within the meaning of section 7
c: the Commissioner of Police:
d: the Chief of Defence Force.
4: A designation under this section is secondary legislation ( see Part 3 1992 No 96 s 28B The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation 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 191(3)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 191(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
192: Role of designated agencies
1: If a designated agency has been given a scope of designation under section 191
2: A designated agency or its inspectors must not perform any functions or exercise any powers in respect of a matter that is outside its scope of designation unless WorkSafe (or, if relevant, another designated agency) has given its consent for the designated agency to do so.
3: However, a failure to obtain consent under subsection (1) or (2) does not affect the validity of the performance of any function or exercise of any power by WorkSafe or another agency or by the designated agency (as the case may be).
193: Proceedings not to be questioned for want of form
No action by a regulator or an inspector and no process or proceedings may be dismissed, set aside, or held invalid by any court by reason only of a regulator or the inspector acting outside its scope of designation or of any defect, irregularity, omission, or want of form unless the court is satisfied that there has been a miscarriage of justice. Model Work Health and Safety Act (Aust) s 208 Joint policy directions
194: Designated agency must give effect to joint policy directions
1: Subject to any enactment or rule of law, a designated agency must, in performing functions and exercising powers under this Act or any other enactment, give effect to any joint policy directions given to it by the Minister and the Minister responsible for the designated agency.
2: A direction given under subsection (1) must be in writing and signed by the Ministers.
3: Sections 113 115
a: all references to a Crown entity or entity being read as references to a designated agency; and
b: any other necessary modifications. 1992 No 96 s 28B(2) Health and Safety at Work Strategy and workplace injury prevention
195: Health and Safety at Work Strategy
1: The Minister must publish a strategy, called the Health and Safety at Work Strategy, that sets out the Government's overall direction in improving the health and safety of workers.
2: The strategy must be developed jointly with WorkSafe.
3: The Minister must make reasonable efforts to publish the first strategy within 24 months after the commencement of this section.
4: The Minister may amend or replace the strategy at any time.
5: The strategy must—
a: identify any significant issues relating to capacity or capability in the work health and safety system and any plan for addressing the issues; and
b: take account of ACC's injury prevention priorities.
6: The strategy, or amendments to it or replacement of it, must be developed by a process that involves consultation—
a: with regulatory agencies; and
b: with other persons who have an interest in work health and safety in New Zealand or with organisations representing those persons.
7: The Minister must make publicly available, and present to the House of Representatives, a copy of any strategy, amendment, or replacement as soon as practicable after the strategy, amendment, or replacement has been published or made under this section.
196: Workplace injury prevention
1: Section 264A
2: Section 264B
a: jointly undertaken by ACC and WorkSafe; or
b: undertaken by WorkSafe and partly or wholly funded by ACC. Information sharing
197: Sharing of information between regulator and regulatory agencies
1: Subject to any enactment,—
a: the regulator may provide a regulatory 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 the relevant health and safety legislation; and
ii: considers may assist the regulatory agency in the performance or exercise of the regulatory agency's functions, duties, or powers under or in relation to any enactment; and
b: a regulatory agency may provide the regulator 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 regulator in the performance or exercise of its functions, duties, or powers under or in relation to the relevant health and safety legislation.
2: If subsection (1)(a) or (b) applies, the regulator or regulatory 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: However, if ACC receives any information or document from the regulator under subsection (1), it must not use that information or document in connection with making decisions about cover or entitlements under the Accident Compensation Act 2001
4: Nothing in this section limits the Privacy Act 2020
5: This section applies despite anything to the contrary in any contract, deed, or document. Section 197(4) amended 1 December 2020 section 217 Privacy Act 2020
198: Requirement of other regulator to notify WorkSafe of notifiable event
1: This section applies if a regulator other than WorkSafe receives a notification of a notifiable event under section 56
2: The regulator must, as soon as practicable,—
a: supply a copy of the notification to WorkSafe; and
b: advise WorkSafe of whether it intends to investigate the event and, if so, whether the investigation will be carried out under this Act or another enactment.
199: Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury
1: This section applies if a medical officer of health receives—
a: a notification under section 74
b: a notification under section 143
2: The medical officer of health must, as soon as practicable after receiving the notification,—
a: advise the regulator of the notification; and
b: provide the regulator with the following information:
i: the name of the person who suffers or suffered from the notifiable disease or injury caused by the hazardous substance; and
ii: the nature of the disease or injury.
3: Except as required by subsection (2)(b), the medical officer of health must comply with the Privacy Act 2020 Section 199(3) amended 1 December 2020 section 217 Privacy Act 2020
200: Coroner may call for report on fatal accident
If requested by a coroner, the regulator must give the coroner a written report of an investigation that the regulator has carried out, or is carrying out, on the circumstances of any fatal accident that occurs at a workplace. 1992 No 96 s 28 Funding levy
201: Funding levy
1: For the purpose of recovering certain Crown costs, the Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring the persons specified in subsection (2) to pay a levy (a funding levy
2: The funding levy is payable by—
a: every employer, on the amount of earnings paid or deemed to have been paid by the employer to the employer's employees:
b: every earner who has earnings as a self-employed person, on the amount of earnings as a self-employed person derived or deemed to have been derived by the earner:
c: every shareholder-employee to whom section RD 3B RD 3C
3: The funding levy must be added to, and is deemed to be part of, the Work Account levy, and—
a: the funding levy is payable, collected, and remitted, and penalties are payable in respect of it, as if it were the Work Account levy; and
b: ACC and the Commissioner of Inland Revenue have all of the powers in respect of the funding levy that they have in respect of the Work Account levy; and
c: the Commissioner of Inland Revenue is not required to refer separately to or account separately for, or identify, any funding levy in performing his or her functions in relation to the Work Account levy or the funding levy.
4: ACC must, by the 20th day of the month after the month in which ACC receives any funding levy from the Commissioner of Inland Revenue, pay the funding levy to the chief executive.
5: ACC may charge WorkSafe a fee for collecting the funding levy.
6: The chief executive must pay into a Crown Bank Account all of the funding levy that ACC pays to the chief executive.
7: In this section,— certain Crown costs
a: WorkSafe carrying out its functions under any enactment:
b: a designated agency performing functions or exercising powers under this Act:
c: the Crown administering the relevant health and safety legislation:
d: collecting the funding levy chief executive earner earnings earnings as a self-employed person section 6(1) Work Account levy section 168 168A 168B 211
8: To avoid doubt, this section does not require all of the Crown's costs referred to in the definition of certain Crown costs to be recovered by the funding levy.
9: Regulations under this section are secondary legislation ( see Part 3 1992 No 96 s 59 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation 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 201(2)(c) amended 29 March 2018 section 418 Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 Section 201(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
202: Consultation requirement relating to funding levy
The Minister must not recommend the making of regulations for the purposes of section 201
a: consulting WorkSafe and ACC; and
b: having regard to any recommendations of WorkSafe made under section 10(d) 1992 No 96 s 59(7)
2: Authorisations
203: Meaning of authorised
In this subpart, authorised Model Work Health and Safety Act (Aust) s 40
204: Requirements for authorisation of workplaces
1: A person must not conduct a business or undertaking at a workplace or direct or allow a worker to carry out work at a workplace if—
a: regulations require the workplace, or class of workplaces, to be authorised; and
b: the workplace is not authorised in accordance with regulations.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $50,000:
b: for any other person, to a fine not exceeding $250,000. Model Work Health and Safety Act (Aust) s 41
205: Requirements for authorisation of plant or substance
1: A person must not use plant or a substance at a workplace if—
a: regulations require the plant or substance or its design to be authorised; and
b: the plant or substance or its design is not authorised in accordance with regulations.
2: A PCBU must not direct or allow a worker to use plant or a substance at a workplace if—
a: regulations require the plant or substance or its design to be authorised; and
b: the plant or substance or its design is not authorised in accordance with regulations.
3: A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $20,000:
b: for any other person, to a fine not exceeding $100,000. Model Work Health and Safety Act (Aust) s 42
206: Requirements for authorisation of work
1: A person must not carry out work if—
a: regulations require the work, or class of work, to be carried out by, or on behalf of, a person who is authorised; and
b: the person, or the person on whose behalf the work is carried out, is not authorised in accordance with regulations.
2: A PCBU must not direct or allow a worker to carry out work if—
a: regulations require the work, or class of work, to be carried out by, or on behalf of, a person who is authorised; and
b: the person, or the person on whose behalf the work is to be carried out, is not authorised in accordance with regulations.
3: A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $20,000:
b: for any other person, to a fine not exceeding $100,000. Model Work Health and Safety Act (Aust) s 43
207: Requirements for prescribed qualifications or experience
1: A person must not carry out work if regulations require the work, or class of work, to be carried out—
a: by a person who has prescribed qualifications or experience and the person does not have the prescribed qualifications or experience; or
b: under the supervision of a person who has prescribed qualifications or experience and the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.
2: A PCBU must not direct or allow a worker to carry out work if regulations require the work, or class of work, to be carried out—
a: by a worker who has prescribed qualifications or experience and the worker does not have the prescribed qualifications or experience; or
b: under the supervision of a person who has prescribed qualifications or experience and the work is not carried out under the supervision of a person who has the prescribed qualifications or experience.
3: A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $20,000:
b: for any other person, to a fine not exceeding $100,000. Model Work Health and Safety Act (Aust) s 44
208: Requirement to comply with conditions of authorisation
1: A person must comply with the conditions of any authorisation given to that person that are prescribed in or under regulations.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $20,000:
b: for any other person, to a fine not exceeding $100,000. Model Work Health and Safety Act (Aust) s 45
3: General provisions
209: Offence to give false or misleading information
1: A person must not give information in complying or purportedly complying with this Act or regulations that the person knows—
a: is false or misleading in a material particular; or
b: omits any matter or thing without which the information is misleading.
2: A person must not produce a document in complying or purportedly complying with this Act or regulations that the person knows is false or misleading in a material particular without—
a: indicating the respect in which it is false or misleading and, if practicable, providing correct information; or
b: accompanying the document with a written statement signed by the person, or, in the case of a body corporate, a person authorised by the body corporate that—
i: states that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and
ii: sets out, or refers to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.
3: A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $10,000:
b: for any other person, to a fine not exceeding $50,000. Model Work Health and Safety Act (Aust) s 268
210: Confidentiality of information
1: This section applies if the regulator obtains information or gains access to a document in performing or exercising any function, duty, or power under this Act or regulations.
2: The regulator must not publish or disclose, or direct any person to publish or disclose, any information or document to which this section applies unless—
a: the information or document is available to the public under any enactment or is otherwise publicly available; or
b: the information is in a statistical or summary form; or
c: the publication or disclosure of the information or document is—
i: for the purposes of, or in connection with, the performance or exercise of any function, duty, or power conferred or imposed on the regulator or the person by the relevant health and safety legislation; or
ii: to a regulatory agency in accordance with section 197
iii: to a person who the person disclosing the information is satisfied has a proper interest in receiving the information or document; or
iv: with the consent of the person to whom the information or document relates or of the person to whom the information or document is confidential; or
v: required or authorised by law.
3: The person must not publish or disclose, or direct a person to publish or disclose, any information or document under subsection (2)(c)(iii) unless the person is satisfied that appropriate protections are or will be in place for the purpose of maintaining the confidentiality of the information or document (in particular, information that is personal information within the meaning of the Privacy Act 2020 Model Work Health and Safety Act (Aust) s 271 Section 210(3) amended 1 December 2020 section 217 Privacy Act 2020
4: Regulations, exemptions, approved codes of practice, and safe work instruments
Regulations
211: Regulations relating to health and safety
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes: Duties and obligations
a: imposing duties and obligations relating to work health and safety on PCBUs, workers, and other persons at workplaces:
b: prescribing the way in which duties and obligations imposed by this Act and regulations are to be performed:
c: prescribing matters relating to the regulation or prohibition of specified activities or a specified class of activities—
i: at workplaces or a specified class of workplaces; or
ii: by a specified class of persons on whom duties or obligations are imposed by this Act to eliminate or minimise risks to health and safety:
d: imposing specific duties on persons in relation to any matter provided for under regulations: Notifiable events
e: prescribing matters (including requirements) relating to notifiable events at workplaces, including—
i: regulating the taking of any action to prevent a notifiable event from occurring at a workplace or in the course of conducting a business or undertaking:
ii: regulating or prohibiting the taking of any action in the event of a notifiable event at a workplace or in the conduct of a business or undertaking: Plant, substances, or structures
f: prescribing matters (including requirements) relating to plant, substances, or structures, including—
i: regulating the storage, tracking, and handling of plant, substances, or structures:
ii: regulating the design, manufacture, installation, operation, alteration, examination, testing, labelling, maintenance, or repair of plant or structures:
iii: regulating the examination, testing, analysis, packaging, or labelling of any substance (taking into account any EPA controls set for a hazardous substance): Protection and welfare of workers and other persons
g: prescribing matters (including requirements) relating to the protection and welfare of workers and other persons at a workplace, including—
i: regulating the provision, maintenance, administration, or use in specified circumstances of—
A: personal protective equipment:
B: first aid (including requiring a PCBU to make persons available at the workplace who are trained in administering first aid):
C: rescue equipment:
ii: regulating the provision of facilities for the welfare of workers and other persons at the workplace:
iii: prescribing matters relating to health and safety in relation to any accommodation provided to workers or facilities for the welfare of workers using accommodation:
iv: setting, or providing for the setting of, mechanisms for measuring and controlling exposure to substances (or their components) in the workplace: Hazards and risks
h: prescribing matters (including requirements) relating to hazards and risks, including—
i: specifying standards relating to the use of or exposure to any hazard, for example, a physical, biological, chemical, atmospheric, or psychological hazard:
ii: prescribing matters relating to safety cases, safety management plans, and safety management systems (however described):
iii: prescribing matters relating to measures to control hazards and risks:
iv: requiring workers who work with children to undergo Police vetting: Records and notices
i: prescribing requirements relating to—
i: the keeping and availability of records of health and safety representatives:
ii: the keeping of records in relation to notifiable events:
iii: the keeping and availability of records of specified activities, matters, or things to be kept by specified persons:
iv: the making available of, or the giving of, any notice, report, or other document about specified activities, matters, or things to the regulator, an inspector, or other specified person:
j: prescribing the information that must be included in any notice, report, or other document made available or given in accordance with paragraph (i): Authorisations
k: prescribing matters relating to authorisations (including licences, certifications, registrations, and permits), qualifications, and experience for the purposes of subpart 2 of Part 5
i: the grant, issue, renewal, variation, suspension, cancellation, expiry, and replacement of authorisations:
ii: the evidence and information to be provided in relation to applications (for example, statutory declarations or compliance certificates):
iii: exemptions from a requirement to be authorised:
iv: variations of authorisations by the regulator, whether on application or otherwise:
v: the authorisation of persons who are to be involved in the authorisation of other persons (for example, as trainers, assessors, auditors, or compliance certifiers):
vi: the authorisation of persons to authorise other persons:
vii: the grant, issue, renewal, suspension, or cancellation of authorisations granted by persons referred to in subparagraph (vi):
viii: processes for the review or appeal of decisions in respect of authorisations:
ix: the examination of applicants for authorisations, including setting competency, character, security, or other relevant requirements or providing for the regulator to do so:
x: the minimum age for a person to be eligible for an authorisation:
xi: the grounds and processes for regular and performance-based auditing of authorisations:
xii: conditions of authorisations:
xiii: fees for applications for the grant, issue, renewal, variation, or audit of authorisations:
xiv: the keeping of 1 or more registers of authorisations, and for access to those registers:
l: the recognition of authorisations granted under other enactments or by other jurisdictions and any exceptions to such recognition: Identity cards
m: prescribing matters relating to identity cards: Review and appeal of decisions
n: prescribing matters relating to the review and appeal of decisions made under this Act: Mining sector
o: prescribing matters relating to industry health and safety representatives, including the eligibility criteria for appointment as an industry health and safety representative:
p: prescribing matters relating to the New Zealand Board of Mining Examiners, including prescribing functions relating to training and competency requirements for participants in the extractives industry: Exemptions
q: prescribing exemptions from compliance with regulations on the terms and conditions (if any) prescribed:
r: prescribing criteria or other requirements that relate to exemptions granted by the regulator under section 220 Offences and penalties
s: creating offences in respect of the contravention of regulations and providing for the imposition of fines not exceeding $50,000: Infringement offences
t: prescribing infringement offences for the purposes of this Act and regulations:
u: setting the infringement fee payable for an infringement offence, which may not exceed $12,000, and setting different infringement fees for different infringement offences or in respect of different persons or individuals:
v: prescribing the form of infringement notices and infringement offence reminder notices: Fees and charges
w: prescribing fees or charges for doing any act or providing any service for the purposes of this Act or regulations, including—
i: prescribing the circumstances and way in which fees or charges can be refunded, waived, or reduced:
ii: specifying the method or methods by which fees and charges may be recovered: Forms
x: prescribing the information that must be contained in forms for the purposes of this Act: General
y: providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: If an exemption is provided under subsection (1)(q), the reasons for it must be set out in the explanatory note of the regulations.
3: Regulations under this section are secondary legislation ( see Part 3 1992 No 96 ss 21 23 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 211(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
212: Regulations relating to hazardous substances
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:
a: prescribing duties, obligations, or restrictions imposed on any hazardous substance, or on any person in relation to any hazardous substances—
i: for substances with explosive properties,—
A: to reduce the likelihood of an unintended explosion:
B: to control the adverse effects likely to be caused by an explosion:
ii: for substances with flammable properties,—
A: to reduce the likelihood of an unintended fire or explosion:
B: to control the adverse effects of any fire or explosion:
iii: for substances with oxidising properties,—
A: to reduce the likelihood of any unintended release of chemical energy as an explosion or fire:
B: to control the adverse effects of any release of chemical energy as an explosion or fire:
iv: for substances with corrosive properties,—
A: to reduce the likelihood of any unintended corrosion:
B: to control the adverse effects of any corrosion:
v: for substances with toxic properties,—
A: to reduce the likelihood of any unintended exposure to any such substances:
B: to control the adverse effects of any exposure to such substances:
b: prescribing or providing for controls on gases under pressure, whether intrinsically hazardous or not:
c: prescribing controls to avoid or mitigate illness or injury to people or damage to the environment or chattels from any hazardous substance:
d: prescribing requirements to be met by a laboratory:
e: prescribing controls for by-products with hazardous properties, which result from the manufacture or use of any hazardous substance:
f: prescribing requirements to manage any emergency involving a hazardous substance:
g: prescribing systems for tracking hazardous substances, including requirements that—
i: the whereabouts of the substances be recorded at all times or from time to time:
ii: the quantity of the substances be recorded:
iii: a person be identified as being in charge of the substances:
iv: any person handling the substances hold prescribed qualifications:
h: in relation to any hazardous substances under the control of the Minister of Defence or the Chief of Defence Force, applying (with or without modifications) for the purposes of the regulations any provisions of a Defence Force Order issued under section 27
i: prescribing qualifications, including competency, character, or other relevant requirements (for example, that a person be a member of any specified professional body or organisation) for any person handling a hazardous substance:
j: providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Subsection (3) applies if, before, on, or after the commencement of this section, the EPA issues an EPA notice under section 74 Hazardous Substances (Classification) Regulations 2001 Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001 existing classification system
3: Regulations made under this section may be made based on the existing classification system for a period not exceeding 5 years after the date on which the EPA notice is issued.
4: Regulations under this section are secondary legislation ( see Part 3 1996 No 30 ss 75 140 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation 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 212(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
213: Regulations relating to exemptions in respect of Armed Forces
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing that any specified provisions of this Act or regulations do not apply (or apply with modifications) in respect of—
a: any specified activity or class of activity of the Armed Forces; or
b: any defence area; or
c: the Armed Forces or any part of the Armed Forces; or
d: military aircraft or naval ships, or any class of military aircraft or naval ships.
2: Without limiting subsection (1), the regulations may be subject to any conditions specified in the regulations.
3: Before making a recommendation under subsection (1), the Minister must consult the Minister of Defence.
4: If an exemption is provided under this section, the reasons for the exemption must be set out in the explanatory note of the regulations.
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 213(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
214: Regulations relating to worker engagement, participation, and representation
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:
a: prescribing matters relating to work groups, including—
i: the requirements for determining a work group (including work groups for workers carrying out work for 2 or more PCBUs):
ii: agreements or variations of agreements relating to the determination of work groups:
b: prescribing matters relating to health and safety representatives, including—
i: the eligibility criteria for election as a health and safety representative:
ii: the procedure for electing or removing a health and safety representative:
iii: the eligibility criteria to vote for a health and safety representative:
iv: the term of office for health and safety representatives:
v:
vi: specifying or providing for the method of determining the maximum total number of days’ paid leave for health and safety representatives that a PCBU is required to allow for the whole business or undertaking under clause 12(2)
vii: specifying the number of days’ paid leave that a PCBU must allow a health and safety representative in specific industries to take in a year under clause 12(1)(a)(ii)
viii: maintaining a list of health and safety representatives and providing the list to the regulator:
c: prescribing matters relating to health and safety committees, including—
i: the constitution of health and safety committees:
ii: meeting requirements for health and safety committees:
d: providing for any 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 1992 No 96 s 21 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation 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 214(1)(b)(v) repealed 13 June 2023 section 6 Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023 Section 214(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
215: Regulations relating to levies
1: The Governor-General may, by Order in Council, made on the recommendation of the Minister, make regulations prescribing levies for the purposes of recovering the costs of the regulator that relate to its functions in respect of authorisations granted under this Act.
2: The regulations may—
a: prescribe different levies for different classes of persons:
b: provide for the method by which the levies will be calculated:
c: specify the criteria and other requirements by and against which the levies will be set or reset:
d: provide for the payment and collection of the levy:
e: state whether or not the persons collecting the levy are entitled to recover the cost of collection and, if the persons are entitled to do so, specify the maximum rate of collection costs:
f: exempt any person or classes of persons from paying the levies:
g: provide for waivers or refunds of the whole or any part of the levies:
h: provide for any other matters that are necessary or desirable to set, calculate, administer, collect, and enforce the levies, including (without limitation),—
i: the returns to be made to the regulator for the purpose of enabling or assisting in the determination of the amounts of levy payable:
ii: the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for paying the levies:
iii: the keeping and retention of accounts, statements, or records specified by the regulator for a specified period for the purpose of ascertaining whether regulations are being complied with:
iv: the establishment of a dispute resolution process for disputes relating to levies, including the appointment of persons to resolve the disputes, the procedures to be followed by those persons, and the remuneration of those persons.
3: If an exemption is provided under subsection (2)(f), the reasons for it must be set out in the explanatory note of the regulations.
4: Before making a recommendation under this section, the Minister must—
a: receive advice from WorkSafe on the proposed levy; and
b: consult in accordance with section 217
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 215(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
216: Regulations providing for transitional matters
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: providing transitional and savings provisions concerning the coming into force of this Act that may be in addition to, or in place of, the transitional and savings provisions in Schedule 1
b: providing that, subject to such conditions as may be specified in the regulations, during a specified transitional period,—
i: specified provisions of this Act (including definitions) do not apply:
ii: specified terms have the meaning given to them by the regulations:
iii: specified provisions repealed or amended or revoked by this Act are to continue to apply:
c: providing for any other matters necessary for facilitating or ensuring an orderly transition from the provisions of any enactments replaced by this Act to the provisions of this Act.
2: No regulations made under this section may be made, or continue in force, later than 2 years after the date of commencement of this section.
217: Consultation requirements for making certain regulations
1: The Minister must not recommend the making of any regulations under section 211 212 214 215
2: The Minister, before recommending the making of any regulations relating to hazardous substances, must consult the EPA about the subject matter of the proposed regulations.
3: A failure to comply with this section does not affect the validity of the regulations made. 1992 No 96 s 21(2), (3)
218: Further provisions relating to regulations
1: Regulations made under this Act may—
a: impose similar or additional duties on a person in relation to the same circumstances or matters as this Act does:
b: be of general or limited application:
c: differ according to differences in time, place, or circumstance, or any other basis:
d: impose prohibitions:
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:
f: apply differently to different classes of person, workplace, plant, structure, substance, or kind of risk:
g: prescribe, set, or provide for any thing by reference to any methodology, value, or similar tool (however described) or by reference to controls in other Acts, regulations, or instruments.
2: Regulations made under this Act are not invalid merely because they confer any discretion on, or allow any matter to be determined or approved by, any person. 1992 No 96 s 22
219: Procedure for making regulations relating to definitions, exclusions, or exemptions
1: The Minister must, before making a recommendation in relation to a provision referred to in subsection (2),—
a: have regard to the purpose of this Act set out in section 3
b: be satisfied that the extent to which any definitions are modified, or any requirements are modified, exempted, excluded, or applied (as the case may be) is not broader than is reasonably necessary to address the matters that gave rise to the proposed regulations.
2: The provisions are—
a: section 12
b: section 17
c: section 19
d: section 21
e: section 23
f: section 24
g: section 37
h: section 38
i: section 55
j: section 211(1)(q)
k: section 213 Exemptions
220: Regulator may grant exemption from compliance with regulations
1: The regulator may exempt any person or class of persons from compliance with any provision or provisions of regulations.
2: The regulator must not grant an exemption under subsection (1) 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 proposed exemption; and
b: the exemption is not inconsistent with the purpose of this Act.
3: The regulator may—
a: grant the exemption on any terms and conditions that the regulator thinks fit; and
b: amend or revoke an exemption; and
c: replace an exemption either before or when it expires.
4: An exemption granted under subsection (1)—
a: takes effect from the date specified in the notice published in accordance with section 221
b: expires on the close of the day that is 5 years after the date on which it took effect, unless it is sooner replaced or revoked.
5: The breach of a term or condition of an exemption granted under subsection (1) is a breach of the provision to which the exemption relates (unless the terms of the exemption provide otherwise).
221: Status and publication of exemptions granted by regulator
1: An exemption under section 220 see Part 3
1A: If an exemption is secondary legislation, the regulator’s reasons for granting the exemption (including why it is appropriate) must be published with the exemption.
2: If an exemption is not secondary legislation, subsections (3), (4), and (5) apply.
3: As soon as practicable after an exemption granted under section 220
a: notified in the Gazette
b: published on an Internet site maintained by or on behalf of the regulator.
4: The regulator’s reasons for granting the exemption (including why the exemption is appropriate) must be published in accordance with subsection (3)(b) together with the exemption.
5: A notification in the Gazette
6: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (1). Legislation Act 2019 requirements for secondary legislation referred to in subsection (1) Publication PCO must publish it on the legislation website and 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 221(1) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 221(1A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 221(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 221(6) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Codes of practice
222: Approval of codes of practice
1: The Minister may—
a: approve a code of practice developed by the regulator for the purposes of this Act; and
b: amend or revoke an approved code of practice.
2: The Minister may approve, amend, or revoke a code of practice under subsection (1) only if the Minister is satisfied that the code of practice, amendment, or revocation was developed by a process that involved consultation between—
a: unions; and
b: employer organisations; and
c: other persons or representatives of other persons affected, or reasonably likely to be affected, by the code, amendment, or revocation.
3: A code of practice may incorporate, adopt, or apply (with or without modification) all or any part of any other document that is prepared or issued by any person or body, and that is in force at a particular time.
4: However, an approved code of practice may not, without the approval of—
a: the relevant Minister,—
i: adopt with modification any documents previously approved by a Minister of the Crown; or
ii: approve any amendment of any part of a code of practice that comprises a document approved by a Minister of the Crown; or
b: the Minister responsible for the administration of the Building Act 2004
i: adopt an acceptable solution or verification method (or both) issued under section 22(1)
ii: approve any amendment of any part of a code of practice that comprises a document approved by that Minister.
5: The following may be approved by the Minister without carrying out the consultation required by subsection (2):
a: a code of practice that corresponds, or substantially corresponds, to a code of practice made under section 20
b: any minor or technical amendments to an approved code of practice (including the incorporation of amendments to, or updates of, documents incorporated by reference).
6: If the Minister approves any amendment in accordance with subsection (5)(b), the regulator must make reasonable efforts to notify any affected persons or their representatives of the amendment.
7: 1992 No 96 s 20 Section 222(7) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
223: Publication and commencement of approved code of practice
1: As soon as practicable after an approved code of practice has been approved, amended, or revoked, the regulator must ensure that notice of the approval, amendment, or revocation is published in the Gazette
2: Subject to subsection (3), an approved code of practice, an amendment, or a revocation may not come into force until at least 28 days after it has been notified in the Gazette
3: A minor or technical amendment approved by the Minister under section 222(5) Gazette 1992 No 96 s 20A
224: Access to approved codes of practice
1: The Gazette section 223(1)
2: The regulator must ensure that the approved code of practice is available—
a: free of charge on an Internet site maintained by or on behalf of the regulator; and
b: for purchase in hard copy at a reasonable charge. 1992 No 96 s 20C(1)
225: Proof of codes of practice
The publication by the regulator of a notice under section 223(1) section 222 1992 No 96 s 20A(5)
226: Use of approved codes of practice in proceedings
1: No code of practice issued or amended under this Part confers rights or obligations capable of enforcement in any civil or criminal proceedings.
2: However, an approved code of practice is admissible in any civil or criminal proceedings as evidence of whether or not a duty or obligation under this Act has been complied with.
3: The court may—
a: have regard to the code as evidence of what is known about a hazard or risk, risk assessment, or risk control to which the code relates; and
b: rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.
4: Nothing in this section prevents a person from introducing evidence of compliance with this Act in a manner that is different from the code but provides a standard of work health and safety that is equivalent to or higher than the standard required in the code. 1992 No 96 s 20B Safe work instruments
227: Minister may approve safe work instruments
1: The Minister may—
a: approve a safe work instrument developed by the regulator for the purposes referred to in subsection (2); and
b: amend or revoke a safe work instrument approved under paragraph (a).
2: The purposes of safe work instruments are to define terms, prescribe matters, or make other provision in relation to any activity or thing, including (without limitation) listing standards, control of substances, and competency requirements.
3: The Minister must not approve a safe work instrument unless the Minister is satisfied that all persons and organisations that the Minister thinks appropriate have been consulted, having regard to the subject matter of the proposed safe work instrument.
4: The Minister may approve an amendment to a safe work instrument (including approving incorporation of amendments to, or updates of, documents incorporated by reference) without complying with subsection (3) if the Minister is satisfied that the amendment is minor or technical.
5: To the extent that a safe work instrument is given effect to in accordance with section 228(1) see Part 3
5A: To the extent that a safe work instrument is not secondary legislation, subsection (6) applies.
6: The Minister must, as soon as practicable after a safe work instrument is made,—
a: notify the safe work instrument in the Gazette
b: ensure that a copy of the safe work instrument is available—
i: free of charge on an Internet site maintained by or on behalf of the regulator; and
ii: for purchase in hard copy at a reasonable charge.
7: A failure to comply with subsection (3) does not affect the validity of a safe work instrument. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available on a website maintained by, or on behalf of, the regulator • make it available for purchase in hard copy at a reasonable charge Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 227(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 227(5A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
228: Legal effect of safe work instruments
1: A safe work instrument made under section 227
2: For the purposes of subsection (1), regulations may refer to—
a: a particular safe work instrument as amended or replaced from time to time; or
b: any safe work instrument that may be made for the purposes of regulations (even if the instrument has not been made at the time the regulations are made). General provisions
229: Minister may delegate approval of codes of practice and safe work instruments to regulator
1: The Minister may, either generally or particularly, delegate to the regulator his or her power—
a: under section 222
b: under section 227
2: A delegation under this section must be in writing.
3: The regulator must not delegate the power to approve, amend, or revoke a code of practice or a safe work instrument delegated to it under subsection (1) except in accordance with the terms of the delegation.
4: The power of the Minister to delegate under this section—
a: is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the Minister's functions or powers; but
b: does not limit any power of delegation conferred on the Minister by any other Act.
5: The regulator may exercise the power delegated to it under this section in the same manner and with the same effect as if it had been conferred on the regulator (subject to any restrictions or conditions imposed under the delegation).
6: If the regulator purports to act under a delegation under this section, the regulator must, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
7: No delegation affects or prevents the performance or exercise of any function or power by the Minister or affects the responsibility of the Minister for the actions of a person acting under the delegation.
230: Relationship between regulations relating to hazardous substances under this Act and Resource Management Act 1991
1:
2:
3: Nothing prescribed in regulations made under this Act for the safe use, handling, manufacture, or storage of hazardous substances applies in relation to any resource consent to which this subsection applies that is—
a: a land use consent relating to the use, handling, manufacture, or storage of any hazardous substance; or
b: a coastal permit to do something that would otherwise contravene section 15
c: a discharge permit.
4: Subsection (3) applies where the resource consent concerned was granted before the coming into force of any regulations made under the Hazardous Substances and New Organisms Act 1996 section 128
5: In this section, resource consent section 2(1) Section 230(1) repealed 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 230(2) repealed 19 April 2017 section 123 Resource Legislation Amendment Act 2017
5: Repeals, revocations, and consequential amendments
231: Repeals and revocations
1: The Health and Safety in Employment Act 1992
2: The Machinery Act 1950
3: The following regulations and order are revoked:
a: Health and Safety in Employment (Prescribed Matters) Regulations 2003
b: Machinery (Exclusion of Some Pressure Equipment, Cranes, and Passenger Ropeways) Order 1999
c: Noxious Substances Regulations 1954 2016-04-04 Health and Safety in Employment Act 1992 Machinery Act 1950 Health and Safety in Employment (Prescribed Matters) Regulations 2003 Machinery (Exclusion of Some Pressure Equipment, Cranes, and Passenger Ropeways) Order 1999 Noxious Substances Regulations 1954
232: Consequential amendments
Amend the enactments specified in Schedule 5 2016-04-04 Building Act 2004 Civil Defence Emergency Management Act 2002 Coroners Act 2006 Costs in Criminal Cases Act 1967 Crown Minerals Act 1991 Crown Organisations (Criminal Liability) Act 2002 Electricity Act 1992 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Gas Act 1992 Income Tax Act 2007 Inspector-General of Intelligence and Security Act 1996 Maritime Transport Act 1994 Mines Rescue Act 2013 Plumbers, Gasfitters, and Drainlayers Act 2006 Prostitution Reform Act 2003 Railways Act 2005 Search and Surveillance Act 2012 Sentencing Act 2002 Sharemilking Agreements Act 1937 Smoke-free Environments Act 1990 Social Security Act 1964 Summary Proceedings Act 1957 Terrorism Suppression Act 2002 Victims’ Rights Act 2002 Biosecurity (Costs) Regulations 2010 Education (Playgroups) Regulations 2008 Electricity (Safety) Regulations 2010 Gas (Safety and Measurement) Regulations 2010 Hazardous Substances (Packaging) Regulations 2001 Health and Safety in Employment (Pipelines) Regulations 1999 Health and Safety in Employment (Pressure Equipment, Cranes, Passenger Ropeways) Regulations 1999 Health and Safety in Employment Regulations 1995 Mines Rescue (Levy) Regulations 2014 Railways Regulations 2008 |
DLM6603502 | 2015 | Income Tax Amendment Act 2015 | 1: Title
This Act is the Income Tax 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 Income Tax Act 2007 principal Act 2015-11-07 Income Tax Act 2007
4: Section DB 45 replaced (Bribes paid to public officials)
Replace section DB 45
DB 45: Bribes
When this section applies
1: This section applies when a person ( person A No deduction
2: Person A is denied a deduction for the amount of the bribe. Exclusions
3: This section does not apply in the circumstances specified in section 105C(3) of the Crimes Act 1961. Definition
4: In this section, bribe Link with subpart DA
5: This section overrides the general permission. bribe, deduction, general permission, New Zealand 2004 No 35 s DB 36
5: Section YA 1 amended (Definitions)
1: In section YA 1 benefit foreign public official public official routine government action
2: In section YA 1 bribe paid to public officials
3: In section YA 1 foreign country paid to public officials |
DLM6481402 | 2015 | KiwiSaver Budget Measures Act 2015 | 1: Title
This Act is the KiwiSaver Budget Measures Act 2015.
2: Commencement
1: This Act comes into force on the day on which it receives the Royal assent, except as provided in this section.
2: Section 4
3: Sections 5 6 7
3: Principal Act amended
This Act amends the KiwiSaver Act 2006 2015-05-27 KiwiSaver Act 2006 Section 4 deemed as coming into force on 1 May 2015. Sections 5, 6 and 7 deemed as coming into force at 2pm on 21 May 2015.
4: Section 226 amended (Crown contribution: kick-start contributions)
1: In section 226(1)
2: Replace section 226(1B)
1B: Unless subsection (1C) applies, the date for the purposes of subsection (1A) is the last day of the 3-month period that starts on either the date under paragraph (a) or the date under paragraph (b)—
a: the date under this paragraph is the earlier of––
i: the date, decided by the Commissioner, when the Commissioner receives the first contribution in respect of A, if A is a person to whom subpart 1 of Part 3 applies:
ii: the date that the Commissioner is given notice or otherwise knows that A is a member of the KiwiSaver scheme:
b: the date under this paragraph is the date, decided by the Commissioner, when A is first a member or must first become a member as provided by section 15(1)(b) or 36(1)(b).
3: In section 226(1C) notice that the person has transferred notice that A has transferred or the day, decided by the Commissioner, that A has transferred
5: Section 226 repealed (Crown contribution: kick-start contributions)
Repeal section 226(1), (3), and (4)
6: New section 240 inserted (Protection from non-compliance: KiwiSaver Budget Measures Act 2015)
After section 239
240: Protection from non-compliance: KiwiSaver Budget Measures Act 2015
Non-compliance with either financial markets legislation
a: relates to a prospectus that is registered under the Securities Act 1978 and,—
i: the prospectus is registered on or before 21 May 2015; and
ii: the issuer takes reasonable steps to ensure that copies of the prospectus that are distributed on or after 22 July 2015 by or on behalf of the issuer include or are accompanied by written notice of the effect of the enactment of the KiwiSaver Budget Measures Act 2015; or
b: relates to an investment statement under the Securities Act 1978 and,—
i: the investment statement is dated on or before 21 May 2015; and
ii: the issuer takes reasonable steps to ensure that copies of the investment statement that are distributed on or after 22 July 2015 by or on behalf of the issuer include or are accompanied by written notice of the effect of the enactment of the KiwiSaver Budget Measures Act 2015; or
c: relates to a product disclosure statement under the Financial Markets Conduct Act 2013 and the period of the non-compliance ends before 22 July 2015.
7: Schedule 1 amended (KiwiSaver scheme rules)
1: Replace schedule 1, clause 8(4)(a)
a: $1,000:
2: Replace schedule 1, clause 8(7)(a)(ii)
ii: second, from the Crown contribution (including any positive or negative returns for the purpose of calculating the amount of that contribution), less the amount paid under section 226; and |
DLM6402902 | 2015 | Governor-General Amendment Act 2015 | 1: Title
This Act is the Governor-General 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 Governor-General Act 2010 principal Act 2015-03-26 Governor-General Act 2010
4: Section 12 amended (Permanent appropriation for salary, allowance, annuities, etc)
In section 12(a) section 5 and compulsory remuneration-related payments |
DLM6603902 | 2015 | Mutual Assistance in Criminal Matters Amendment Act 2015 | 1: Title
This Act is the Mutual Assistance in Criminal Matters Amendment Act 2015.
2: Commencement
1: Section 4
a: a date appointed by the Governor-General by Order in Council:
b: the day that is 90 days after the date on which the Act receives the Royal assent.
2: Section 5
3: Principal Act
This Act amends the Mutual Assistance in Criminal Matters Act 1992 principal Act 2016-02-04 Mutual Assistance in Criminal Matters Act 1992 section 4: refer section 2(1)(b) the day that is 90 days after the date on which the Act receives the Royal assent; can be brought into force earlier by OIC 2015-11-07 Mutual Assistance in Criminal Matters Act 1992 section 5: refer section 2(2) — the day after the date on which the Act receives the Royal assent.
4: Section 31 replaced (Assistance in obtaining evidence in New Zealand)
Replace section 31
31: Assistance in obtaining evidence in New Zealand
1: A foreign country may request the Attorney-General to assist in arranging—
a: the taking of evidence in New Zealand; or
b: the production of documents or other articles in New Zealand; or
c: the undertaking of a forensic comparison under the Criminal Investigations (Bodily Samples) Act 1995 and the production of a document specifying the result of that comparison.
2: The Attorney-General may, in writing, authorise the requested assistance if,—
a: in the case of receipt of a request made under subsection (1)(a) or (b) by a foreign country, the Attorney-General is satisfied that—
i: the request relates to criminal proceedings in the foreign country; and
ii: there are reasonable grounds for believing that the evidence can be taken or the documents or other articles can be produced in New Zealand:
b: in the case of receipt of a request made under subsection (1)(c) by a foreign country, the Attorney-General is satisfied that—
i: the request relates to a criminal matter in the foreign country; and
ii: the request is in respect of an offence that corresponds to an offence in New Zealand that is punishable by a term of imprisonment of more than 1 year.
3: If, under subsection (2), the Attorney-General authorises—
a: the taking of evidence, a Judge may, subject to sections 32 and 33 and to any regulations made under this Act, take the evidence on oath of each witness appearing before the Judge and must, in this case,—
i: cause the evidence to be put in writing and certify, in the prescribed form, that the evidence was taken by the Judge; and
ii: cause the writing to be sent to the Attorney-General:
b: the production of documents or other articles, a Judge may, subject to sections 32 and 33 and to any regulations made under this Act, require the production of the documents or other articles, and, unless the Judge otherwise orders, must cause the documents, or copies of the documents certified by the Judge to be true copies, or the other articles, to be sent to the Attorney-General.
5: Schedule 1 amended
In Schedule 1 The following table is small in size and has 3 columns. This table amends Schedule 1 of the Mutual Assistance in Criminal Matters Act 1992 and should be read with that table to provide understanding of the context. 32 The United Nations Convention against Corruption (2003) An offence against any of the following sections of the Crimes Act 1961: section subject matter 100 judicial corruption 101 bribery of judicial officer, etc 102 corruption and bribery of Minister of the Crown 103 corruption and bribery of member of Parliament 104 corruption and bribery of law enforcement officer 105 corruption and bribery of official 105A corrupt use of official information 105B use or disclosure of personal information disclosed in breach of section 105A 105C bribery of foreign public official 105D bribery outside New Zealand of foreign public official 105E corruption of foreign public officials 105F trading in influence 116 conspiring to defeat justice 117 corrupting juries and witnesses 219 theft or stealing 220 theft by person in special relationship 228 dishonestly taking or using document 240 obtaining by deception or causing loss by deception 243 money laundering 246 receiving 249 accessing computer system for dishonest purpose An offence against any of the following sections of the Secret Commissions Act 1910: section subject matter 3 gifts to agent without consent of principal an offence 4 acceptance of such gifts by agent an offence 8 receiving secret reward for procuring contracts an offence |
DLM6481502 | 2015 | Social Security Amendment Act (No 2) 2015 | 1: Title
This Act is the Social Security Amendment Act (No 2) 2015.
2: Commencement
This Act comes into force on 1 April 2016, and, if any Order in Council made under section 61HA(2)
3: Principal Act
This Act amends the Social Security Act 1964 principal Act 2016-04-01 Social Security Act 1964 See section 2
4: Section 3 amended (Interpretation)
1: In section 3(1) part-time work part-time work
a: that is—
i: under a contract of service, whether on time or piece rates; or
ii: as a self-employed person in any business, profession, trade, manufacture, or undertaking; and
b: that—
i: averages not less than 15 hours each week over a 3-month period of employment or over the period of employment if that period is shorter than 3 months,—
A: in relation to a person granted jobseeker support on the ground of sickness, injury, or disability; or
B: for the purposes of sections 11E(2), 88F, 88H(2)(b), and 88I(2)(b); or
ii: averages not less than 20 hours each week over a 3-month period of employment or over the period of employment if that period is shorter than 3 months, in any other case
2: In section 3(1) part-time work-tested beneficiary 5 3
3: In section 3(1) work-tested sole parent support beneficiary 5 3
4: In section 3(1) work-tested spouse or partner 5 3
5: Section 3C amended (Transitional and savings provisions relating to amendments to this Act)
In section 3C(2) The following table is small in size and has 2 columns. This table is an amendment to the table in section 3C of the Social Security Act 1964 and should be read with that table to provide understanding of the context. Social Security Amendment Act (No 2) 2015 Part 4
6: Section 60GAE amended (Beneficiaries having additional dependent child: general)
In section 60GAE(2)(b) 5 3
7: Section 60Q amended (Certain obligations may be placed on beneficiaries and their spouses and partners)
1: In section 60Q(1)(a 5 3
2: In section 60Q(1)(c)(ii) 5 3
8: Section 61A amended (Obligations of spouse or partner of person granted emergency benefit)
In section 61A(1A)(a) aged 5 or older but under 18 years aged 3 or older but under 14 years
9: Section 61HA amended (Annual CPI adjustment of rates of certain benefits)
1: After section 61HA(2
2A: Despite subsection (2), if any rate of benefit referred to in that subsection is increased on 1 April 2016 by the Social Security Amendment Act (No 2) 2015
a: the adjustment to that rate of benefit as at 1 April 2016 required by subsection (2) is to that rate as at 31 March 2016; and
b: the amount by which the rate was increased by the Social Security Amendment Act (No 2) 2015 paragraph (a)
2: After section 61HA(6)
7: Subsection (2A)
10: Section 116B amended (Failures to comply with obligations)
1: In section 116B(1)(g) 15 hours a week part-time work
2: In section 116B(1)(h) 15 hours a week part-time work
11: Amendments to various schedules
Schedules 3 3A 6 9 16 26 32 Schedule |
DLM6603102 | 2015 | Extradition Amendment Act 2015 | 1: Title
This Act is the Extradition 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 Extradition Act 1999 principal Act 2015-11-07 Extradition Act 1999
4: Section 82 amended (Search and seizure on arrest)
After section 82(3)
4: If a person is arrested on a warrant issued or endorsed under this Act, a constable may take the identifying particulars of that person in accordance with section 32 of the Policing Act 2008 as if that person is detained in lawful custody for committing an offence against New Zealand law. |
DLM5714401 | 2015 | Waitangi National Trust Board Amendment Act 2015 | 1: Title
This Act is the Waitangi National Trust Board 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 Waitangi National Trust Board Act 1932 principal Act 2015-11-24 Waitangi National Trust Board Act 1932
1: Amendments to principal Act
4: Section 2 amended (Waitangi National Trust Board incorporated)
After section 2(2)
3: When the term of office of the representative member holding the position first held by Riri Maihi Kawiti ends in accordance with section 11(2) of the Waitangi National Trust Board Amendment Act 2015
a: that position is disestablished; and
b: the Board must appoint as representative members of the Board—
i: a member of the family of Hone Heke; and
ii: a member of the family of Maihi Kawiti; and
iii: a member of the family of Tamati Waka Nene; and
iv: a member of the family of Pomare.
4: The appointments referred to in subsection (3)(b)
a: made by resolution duly passed at a meeting of the Board specially called for the purpose; and
b: confirmed at a subsequent meeting of the Board.
5: Upon confirmation of the appointments referred to in subsection (3)(b)
5: Section 3 amended (Powers of Board)
Repeal section 3(2)
6: Section 4 amended (Effect of deed of trust)
Repeal section 4(2)
7: New sections 4A and 4B inserted
After section 4
4A: Crown representatives group
1: The Crown representatives group in relation to the Board comprises—
a: the Prime Minister; and
b: the Minister for Arts, Culture and Heritage; and
c: the Minister for Māori Development.
2: The functions of the Crown representatives group are—
a: to foster good relations between the Government and the Board; and
b: to facilitate the exchange of information between the Government and the Board on matters relevant to the trust.
4B: Nominated members of Board
1: The nominated members of the Board consist of—
a: 1 member appointed by the Prime Minister to represent the Government; and
b: 1 member appointed by the Leader of the Opposition, following consultation with the leader of each party that is not in Government or in coalition with the Government.
2: A nominated member's term ends—
a: if he or she is appointed to the Executive Council; or
b: at the end of the parliamentary term in which he or she is appointed to the Board.
3: Despite subsection (2) 1996 No 46 s 7
8: New section 11 inserted (Act binds the Crown)
After section 10
11: Act binds the Crown
This Act binds the Crown.
9: Schedule 1 amended
Amend Schedule 1 Schedule
2: Miscellaneous provisions
10: Effect of amendments
The deed or declaration of trust referred to in the principal Act has effect as if amended directly in the manner provided in the Schedule
11: Transitional provisions
1: This section applies to any person who was a representative member of the Board on the day immediately before the day on which this Act comes into force.
2: That person's term in office ends on the next triennial anniversary of his or her appointment to office that occurs after the coming into force of this Act or in accordance with clause 8(2)
3: A person who, at the end of his or her term in office under subsection (2) clause 9A(e) |
DLM6480302 | 2015 | Telecommunications (Development Levy) Amendment Act 2015 | 1: Title
This Act is the Telecommunications (Development 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 amends the Telecommunications Act 2001 principal Act 2015-05-28 Telecommunications Act 2001
4: Schedule 3B amended
In Schedule 3B The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 3B of the Telecommunications Act 2001 and should be read with that table to provide understanding of the context. 2016/17 50 million 2017/18 50 million 2018/19 50 million 2019/20 10 million 2020/21 and each subsequent financial year the inflation-adjusted specified telecommunications development levy |
DLM6433604 | 2015 | Vulnerable Children (Children’s Worker Safety Checking—Indecency Offence) Amendment Act 2015 | 1: Title
This Act is the Vulnerable Children (Children’s Worker Safety Checking—Indecency Offence) 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 Vulnerable Children Act 2014 principal Act 2015-05-07 Vulnerable Children Act 2014
4: Schedule 2 amended
In Schedule 2
2A: section 124A (indecent communication with young person under 16): . |
DLM6402502 | 2015 | Copyright Amendment Act 2015 | 1: Title
This Act is the Copyright 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 Copyright Act 1994 principal Act 2015-03-26 Copyright Act 1994
4: Section 206 amended (Membership of Tribunal)
1: Replace section 206(1)
1: The Tribunal consists of a chairperson and at least 2, but not more than 5, other persons.
2: In section 206(3) 5 |
DLM6413300 | 2015 | Pork Industry Board Amendment Act 2015 | 1: Title
This Act is the Pork Industry Board 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 Pork Industry Board Act 1997 principal Act 2015-03-26 Pork Industry Board Act 1997
4: Section 45 amended (Warrant to inspect place other than place of business)
1: In section 45(1) and (2) to the authorised person to every authorised person
2: In section 45(1) and (2) authorising the person |
DLM6402600 | 2015 | Forests Amendment Act 2015 | 1: Title
This Act is the Forests 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 Forests Act 1949 principal Act 2015-03-26 Forests Act 1949
4: Section 71B amended (Restrictions on exercise of power of entry)
In section 71B(1)(e) may issue a warrant directed to the authorised person by name directing him to enter for the stated purpose may issue a warrant to every authorised person to enter for the stated purpose |
DLM6403845 | 2015 | National Parks Amendment Act 2015 | 1: Title
This Act is the National Parks 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 National Parks Act 1980 principal Act 2015-03-26 National Parks Act 1980
4: Section 56C amended (Requirements in relation to dog control permits)
1: In section 56C(1)(c) conservation management plan management plan
2: In section 56C(2)(b)(ii) conservation management plan management plan
5: Section 61 amended (Seizure and forfeiture of property)
After section 61(7)
8: Where proceedings are taken against the person from whom the item was seized within 6 months of the seizure of the item, the item must, when the proceedings are completed, be returned to that person, unless the court, if it enters a conviction, directs that the item must be forfeited to the Crown. |
DLM6604002 | 2015 | Policing Amendment Act 2015 | 1: Title
This Act is the Policing 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 Policing Act 2008 principal Act 2015-11-07 Policing Act 2008
4: New sections 95A to 95F and cross-heading inserted
After section 95 International policing: information sharing to assist corresponding overseas agency
95A: Interpretation
In this section and in sections 95B to 95F agency-to-agency agreement biometric information
a: fingerprints:
b: palm-prints:
c: an iris scan corresponding overseas agency
a: means an overseas person, body, or agency that is empowered to perform functions that correspond, wholly or partly, to any of the functions set out in section 9; and
b: includes Interpol and every overseas person, body, or agency appointed under article 32 of the constitution of Interpol to co-operate with Interpol international disclosure instrument
a: an international arrangement or agreement to which the Government of New Zealand is a party; or
b: an agency-to-agency agreement; or
c: the constitution of Interpol and any instrument adopted under article 44 of that constitution Interpol personal information
95B: Disclosure of personal information
1: If the requirements of this section are met, the Commissioner may disclose any personal information held by the Police to a corresponding overseas agency.
2: The disclosure of the personal information must be reasonably necessary to enable the corresponding overseas agency to perform a function in its jurisdiction that the Police perform in New Zealand under section 9.
3: Personal information under this section may be disclosed only—
a: in accordance with an international disclosure instrument; or
b: in accordance with directions issued by the Commissioner under section 95C
4: For the purposes of this section, personal information may be disclosed to a corresponding overseas agency by disclosing the information to an overseas person, body, or agency that is authorised to act on behalf of the corresponding overseas agency.
5: Subsections (1) to (4)
6: For the purposes of Part 8 of the Privacy Act 1993, a person is taken to have breached an information privacy principle under section 66(1)(a)(i) of that Act if the person contravenes a provision of this section.
95C: Commissioner may issue directions to certain Police employees
1: The Commissioner may issue written directions relating to the disclosure of personal information outside of an international disclosure instrument under section 95B
2: The directions must identify authorised Police employees but need not identify particular individuals and may instead identify the positions that the employees hold or the groups to which they belong.
3: Without limiting the generality of subsection (1)
a: describe the circumstances in which personal information may be disclosed without a request from the corresponding overseas agency:
b: set out any criteria in addition to those stated in section 95B
95D: Agency-to-agency agreements subject to consultation with Privacy Commissioner
The Commissioner must consult the Privacy Commissioner before any agency-to-agency agreement is entered into or varied.
95E: Publication of certain agency-to-agency agreements and directions
1: As soon as practicable after an agency-to-agency agreement enters into force at any time after the commencement of this section, the Commissioner must make a copy of the agreement publicly available.
2: When an agency-to-agency agreement that is in effect before the commencement of this section is first reviewed following that commencement, the Commissioner must, as soon as practicable after that review, make a copy of the agreement (as modified or proposed to be modified by the review) publicly available.
3: As soon as practicable after issuing any directions under section 95C
4: However, this section does not apply to—
a: an agency-to-agency agreement, or to any directions, that may be withheld under the Official Information Act 1982 or whose existence need not be confirmed or denied under that Act:
b: any provision of an agency-to-agency agreement, or of any directions, that may be withheld under the Official Information Act 1982.
5: For the purposes of this section, a copy is publicly available
a: available for inspection, free of charge, at the Police National Headquarters on any working day; and
b: accessible, free of charge, on an Internet site maintained by or on behalf of the Commissioner.
95F: Saving for existing international disclosure instruments
1: Sections 95B to 95E
2: Despite subsection (1) sections 95B to 95E
3: Despite subsection (1) |
DLM6402942 | 2015 | Land Transport Management Amendment Act 2008 Amendment Act 2015 | 1: Title
This Act is the Land Transport Management Amendment Act 2008 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 Management Amendment Act 2008 principal Act 2015-03-26 Land Transport Management Amendment Act 2008
4: Section 47 amended (Consequences of establishment of New Zealand Transport Agency)
In section 47(1) 1 July 2008 1 August 2008 |
DLM4929100 | 2015 | Social Security (Clothing Allowances for Orphans and Unsupported Children) Amendment Act 2015 | 1: Title
This Act is the Social Security (Clothing Allowances for Orphans and Unsupported Children) Amendment Act 2015.
2: Commencement
This Act comes into force on 1 July 2018.
3: Principal Act
This Act amends the Social Security Act 1964 principal Act 2018-07-01 Social Security Act 1964
4: New section 29B inserted (Clothing allowance for orphans and unsupported children)
After section 29A
29B: Clothing allowance for orphans and unsupported children
1: This section applies if, under section 363 of the Oranga Tamariki Act 1989
2: A person who receives an orphan’s or unsupported child’s benefit in respect of a child is entitled to receive a clothing allowance for that child in the same amount or at the same rate as the clothing allowance referred to in subsection (1). Section 4 amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 |
DLM6564802 | 2015 | Accident Compensation Amendment Act 2015 | 1: Title
This Act is the Accident Compensation 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 1 April 2017 clause 2(2) Accident Compensation Amendment Act 2015 Commencement Order 2016 Section 2(1) brought into force 4 April 2016 clause 2(1) Accident Compensation Amendment Act 2015 Commencement Order 2016 Section 2(1) brought into force 4 July 2016 clause 2(3) Accident Compensation Amendment Act 2015 Commencement Order 2016
3: Principal Act
This Act Accident Compensation Act 2001 principal Act OIC LI 2016/10 2016-04-04 Accident Compensation Act 2001 Whole Act except sections 4, 9, 13 & 16 (clause 2(1) of the OIC) OIC LI 2016/10 2017-04-01 Accident Compensation Act 2001 Sections 4, 9 & 16 (clause 2(2) of the OIC) OIC LI 2016/10 2016-07-04 Accident Compensation Act 2001 Section 13 (clause 2(3) of the OIC)
4: New section 5A inserted (Provisions affecting application of amendments to this Act)
After section 5
5A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
5: Section 6 amended (Interpretation)
In section 6 health and safety regulator section 16 of the Health and Safety at Work Act 2015
6: Section 167 amended (Application and source of funds)
Replace section 167(3)(g)
g: audits and assessments referred to in sections 174D
7: Section 169 amended (Rates of levies)
After section 169(4)(a)
ab: section 174A(2)
8: New sections 174A to 174F inserted
After section 174
174A: Corporation may develop and establish workplace incentive programmes
1: The Corporation may develop and establish 1 or more workplace incentive programmes to provide incentives for employers and self-employed persons to reduce the incidence, severity, and impact of work-related personal injuries.
2: A Work Account levy determined for the purposes of section 168, 168B, or 211 may be adjusted up or down for a particular employer or a particular self-employed person in accordance with the terms and conditions of a workplace incentive programme.
3: Regulations made under section 333 may prescribe fees and charges payable by employers and self-employed persons who participate in a workplace incentive programme, including—
a: administration fees to meet the costs, or part of the costs, incurred in administering the programme; and
b: fees or charges for audits and assessments provided for under section 174D(3)
174B: Process to develop workplace incentive programme
1: In developing a workplace incentive programme, the Corporation must—
a: have regard to the following matters:
i: the extent to which the programme is likely to lead to reductions in the incidence, severity, and impact of work-related personal injuries and to improvements in rehabilitation and durable return to work; and
ii: the extent to which the programme may affect the Work Account levies payable by levy payers who are not participating in the programme; and
iii: the expected administration costs of the programme; and
iv: the impact of the programme on the administration of the accident compensation scheme as a whole and on claims management processes; and
b: endeavour to ensure that programmes are available for a variety of types of employers and self-employed persons, including small and large businesses; and
c: endeavour to ensure that the rates of adjustment to Work Account levies that will be available under the programme are proportionate to the expected increases or decreases in costs to the Corporation as a result of employers and self-employed persons participating in the programme.
2: In developing a workplace incentive programme, the Corporation must consult the persons or organisations it considers appropriate, having regard to—
a: the potential participants in the programme; and
b: the potential impact of the programme on the Work Account levies of non-participating levy payers.
3: Subsection (2) section 174C
174C: Minister's approval of certain workplace incentive programmes
1: The Minister may determine, in relation to any proposed workplace incentive programme, that the programme must be approved by the Minister before it is established under section 174D
2: In deciding whether to make a determination under subsection (1)
a: the public interest; and
b: how the proposed workplace incentive programme aligns with the Government's broader objectives; and
c: the impact of the proposed workplace incentive programme on levy payers generally or on particular groups of levy payers; and
d: the impact of the proposed workplace incentive programme on levy payers who, despite being eligible to participate in the proposed programme, may choose not to participate.
3: If the Minister makes a determination under subsection (1)
a: the potential participants in the programme; and
b: the potential impact of the programme on the Work Account levies of non-participating levy payers.
174D: Establishment of workplace incentive programmes
1: The Corporation may, by notice in the Gazette
2: A notice in the Gazette subsection (1)
a: any criteria that must be met before an employer or a self-employed person may participate in the programme; and
b: the basis and conditions on which, and periods for which, Work Account levies may be adjusted for participants in the programme; and
c: the level or levels of levy adjustment that may apply to participants in the programme.
3: Without limiting subsection (2) Gazette subsection (1)
a: the order in which applications for audits or assessments are to be dealt with:
b: the approval of auditors and assessors:
c: requirements that audits or assessments be conducted in accordance with an audit tool or audit tools developed or approved by the Corporation:
d: the frequency of audits or assessments and the circumstances under which additional audits or assessments may be required.
4: A notice in the Gazette subsection (1) subsection (3)(c)
5: A notice in the Gazette
174E: Amendments to workplace incentive programme
1: A workplace incentive programme may be amended in the same manner as a workplace incentive programme is developed and established.
2: Sections 174B to 174D
3: Despite subsection (2) sections 174B(2) and 174C(3)
4: A notice in the Gazette
174F: Corporation must report on effectiveness of workplace incentive programmes
The Corporation must include in its annual report under section 150 of the Crown Entities Act 2004 a report on the effectiveness of workplace incentive programmes in reducing the incidence and impact of work-related personal injuries.
9: Section 175 amended (Risk adjustment of Work Account levies)
1: Repeal section 175(1) and (2)
2: In section 175(4) An audit of an employer's or a self-employed person's safety management practices must, and an assessment of a self-employed person's safety management capabilities may, An audit of an employer's safety management practices must
3: In section 175(7 subsection (1)(a) or (3) must, and regulations made for the purposes of subsection (1)(b) may, subsection (3) must
4: Replace section 175(7)(c
c: the frequency of audits of an employer's safety management practices and the circumstances under which additional audits may be required:
10: Section 176 amended (Incorporation by reference)
Replace section 176(1)(a
a: New Zealand standard, or any requirement or recommended practice of any New Zealand organisation; or
11: Section 190 amended (Purchase of weekly compensation by shareholder-employees)
In section 190(2) sections 175, sections 174D
12: Section 263 amended (Prevention of personal injury)
Replace section 263(5)
5: The Corporation must ensure that any measures undertaken or funded in accordance with this section—
a: are co-ordinated with similar activities of other government agencies to contribute to the overall injury prevention objectives in an efficient and effective way; and
b: to the extent that the measures will be funded from the Work Account, take account of the Health and Safety at Work Strategy published under section 195 Health and Safety at Work Act 2015
13: New sections 264A and 264B inserted
After section 264
264A: Workplace injury prevention action plan
1: The Corporation and WorkSafe must at all times have a workplace injury prevention action plan.
2: The Corporation and WorkSafe—
a: may amend the workplace injury prevention action plan at any time; and
b: must review the workplace injury prevention action plan at least once every 3 years.
3: The workplace injury prevention action plan must—
a: outline all workplace injury prevention programmes that will be undertaken by WorkSafe and the Corporation (jointly or separately) in the period to which the plan relates; and
b: state how those programmes are to be funded; and
c: if funding from one agency is to be used to fund programmes undertaken by the other agency, state the amount of that funding; and
d: in relation to programmes, or aspects of programmes, to be undertaken by WorkSafe, be consistent with the Health and Safety at Work Strategy published under section 195 Health and Safety at Work Act 2015
e: in relation to programmes, or aspects of programmes, to be undertaken by the Corporation, be consistent with the Corporation's priorities for injury prevention measures relating to the Work Account.
4: The Corporation and WorkSafe must, to the extent practicable, ensure that—
a: the workplace injury prevention action plan outlines a coherent scheme of workplace injury prevention programmes that do not involve the duplication of activities carried out by the Corporation and WorkSafe; and
b: workplace injury prevention programmes are undertaken by the agency that is best suited to undertake them; and
c: programmes outlined in the workplace injury prevention action plan complement the agencies' other activities, such as enforcement and education activities.
264B: Injury prevention measures undertaken by WorkSafe and funded by Corporation or jointly undertaken
1: This section applies to injury prevention measures that are—
a: jointly undertaken by the Corporation and WorkSafe; or
b: undertaken by WorkSafe and partly or wholly funded by the Corporation.
2: Before measures to which this section applies commence, the Corporation and WorkSafe must enter into 1 or more written agreements that specify—
a: how the measures—
i: are likely to result in a cost-effective reduction in actual or projected levy rates in the Work Account; and
ii: are consistent with the Health and Safety at Work Strategy published under section 195 Health and Safety at Work Act 2015
iii: are consistent with the Corporation's priorities for injury prevention measures relating to the Work Account; and
b: the amount of funding to be provided by the Corporation and by WorkSafe; and
c: how and when that funding will be provided; and
d: how the measures will be evaluated, including the key performance indicators to be used and the expected outcomes; and
e: any requirements for reporting between the agencies.
3: If funding for injury prevention measures undertaken by WorkSafe is to be provided by the Corporation, the agreement may also provide that the Corporation may cease providing funding if it is satisfied that—
a: key performance indicators are not being met; or
b: expected outcomes are not being achieved.
14: Section 280 amended (Disclosure of information to Corporation)
In section 280(2) Worksafe health and safety regulators
15: Section 286 amended (Corporation to provide information to Ministry of Business, Innovation, and Employment and to WorkSafe)
1: In the heading to section 286 Worksafe health and safety regulators
2: In section 286(1) Worksafe a health and safety regulator
3: In section 286(1)(b) Worksafe the health and safety regulator
4: In section 286(2) Worksafe the health and safety regulator
5: In section 286(3) Worksafe health and safety regulators
6: In section 286(5)(e) Health and Safety in Employment Act 1992 Health and Safety at Work Act 2015
16: New Schedule 1AA inserted
Before Schedule 1 Schedule |
DLM6653404 | 2015 | Taxation (Support for Children in Hardship) Act 2015 | 1: Title
This Act is the Taxation (Support for Children in Hardship) Act 2015.
2: Commencement
1: Sections 4 5
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. Amendments to Income Tax Act 2007
3: Income Tax Act 2007
Sections 4 5 Income Tax Act 2007 2016-04-01 Income Tax Act 2007
4: Section MD 10 amended (Calculation of in-work tax credit)
In section MD 10(3)(a) $3,120 $3,770
5: Section MD 13 amended (Calculation of family credit abatement)
In section MD 13(3)(a)
a: in subparagraph (i), replace 21.25 cents 22.5 cents
b: in subparagraph (ii), replace 21.25 cents 22.5 cents Amendments to Taxation (Annual Rates and Budget Measures) Act 2011
6: Taxation (Annual Rates and Budget Measures) Act 2011
Sections 7 to 10 Taxation (Annual Rates and Budget Measures) Act 2011 2015-12-10 Taxation (Annual Rates and Budget Measures) Act 2011
7: Section 2 amended (Commencement)
1: In section 2(3) Section 5(2) comes Sections 5(2) and 14B(1)
2: In section 2(4) Section 5(3) comes Sections 5(3) and 14B(2)
3: In section 2(5) Section 5(4) comes Sections 5(4) and 14B(3)
8: Section 4 amended (Income Tax Act 2007)
In section 4 Sections 5 to 14 Sections 5 to 14B
9: Section 5 amended (Calculation of family credit abatement)
Replace section 5(2) to (4)
2: In section MD 13(3)(a),—
a: in subparagraph (i), replace $36,350, 22.5 cents $35,900, 23.75 cents
b: in subparagraph (ii), replace $36,350, 22.5 cents $35,900, 23.75 cents
3: In section MD 13(3)(a),—
a: in subparagraph (i), replace $35,900, 23.75 cents $35,450, 25 cents
b: in subparagraph (ii), replace $35,900, 23.75 cents $35,450, 25 cents
4: In section MD 13(3)(a),—
a: in subparagraph (i), replace $35,450, 25 cents $35,000, 25 cents
b: in subparagraph (ii), replace $35,450, 25 cents $35,000, 25 cents
10: New section 14B inserted (Schedule 31 amended)
After section 14
14B: Schedule 31 amended
1: In Schedule 31, replace the first and second rows after the heading row with: The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 31 of the Income Tax Act 2007 and should be read with that table to provide understanding of the context. Amount does not exceed $35,900 $35,900 Amount exceeds $35,900 but does not exceed $36,500 $36,500 Amount exceeds $36,500 but does not exceed $38,000 $38,000
2: In Schedule 31, replace the first and second rows after the heading row with: The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 31 of the Income Tax Act 2007 and should be read with that table to provide understanding of the context. Amount does not exceed $35,450 $35,450 Amount exceeds $35,450 but does not exceed $36,500 $36,500
3: In Schedule 31, replace the first and second rows after the heading row with: The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 31 of the Income Tax Act 2007 and should be read with that table to provide understanding of the context. Amount does not exceed $35,000 $35,000 Amount exceeds $35,000 but does not exceed $36,500 $36,500 |
DLM6508600 | 2015 | Imprest Supply (First for 2015/16) Act 2015 | 1: Title
This Act is the Imprest Supply (First for 2015/16) Act 2015.
2: Commencement
This Act comes into force on 1 July 2015.
3: Repeal of this Act
1: Sections 6 7 9
2: The rest of this Act is repealed on the close of 30 June 2016. Sections 6, 7, and 9 are repealed on the coming into force of the main Appropriation Act for the 2015/16 year. 2015-08-25 Imprest Supply (First for 2015/16) Act 2015 The Appropriation (2015/16 Estimates) Act 2015 came into force on 25-August-2015. 2016-07-01 Imprest Supply (First for 2015/16) Act 2015 The rest of this Act is repealed on the close of 30 June 2016.
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
Section 6 repealed 25 August 2015 section 3(1)
7: Authority to incur capital expenditure
Section 7 repealed 25 August 2015 section 3(1)
8: Appropriation required
1: All expenses incurred under section 6(1) section 7(1)
2: Until the coming into force of that Appropriation Act, those expenses and that capital expenditure may be incurred during the 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
Section 9 repealed 25 August 2015 section 3(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 |
DLM6481700 | 2015 | Appropriation (2015/16 Estimates) Act 2015 | 1: Title
This Act is the Appropriation (2015/16 Estimates) Act 2015.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 7 Schedule 2
2: The rest of this Act applies to the 2015/16 financial year.
4: Overview
This Act meets the requirements of the Public Finance Act 1989
a: section 6 Schedule 1 see section 4(1)
b: section 7 Schedule 2 see section 10
c: section 8 Schedule 3 see section 21
d: section 9 Schedule 4 see section 12A
e: section 10 Schedule 5
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2015/16 financial year Estimates The Estimates of Appropriations for the Government of New Zealand for the year ending 30 June 2016 scope shown in the Estimates
a: in the case of an appropriation under section 6
i: in the table headed Annual and Permanent Appropriations
ii: in the column headed Titles and Scopes of Appropriations by Appropriation Type
iii: in the statement directly under the title of the appropriation or, in the case of a multi-category appropriation, under the name of each of the individual categories that are included in the appropriation; and
b: in the case of an appropriation under section 7
i: in the table headed Multi-Year Appropriations
ii: in the column headed Type, Title, Scope and Period of Appropriations
iii: in the statement directly under the title of the appropriation.
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Appropriations for 2015/16 financial year
Appropriations authorised
1: Each amount specified in column 4 of Schedule 1 column 3 of Schedule 1 Other matters concerning appropriations
2: Subsection (1) section 7A(1)
3: The scope of each appropriation authorised by this section is the scope shown in the Estimates for the appropriation.
4: Each appropriation authorised by this section includes any expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed relating to the 2015/16 financial year; and
b: in advance, but within the scope, of the appropriation.
7: Appropriations applying for more than 1 financial year
Multi-year appropriations authorised
1: Each amount specified in column 5 of Schedule 2 column 3 of Schedule 2 Other matters concerning multi-year appropriations
2: Subsection (1) section 7A(1)
3: The scope of each appropriation authorised by this section is the scope shown in the Estimates for the appropriation.
4: Each appropriation authorised by this section—
a: is limited to the period specified in column 4 of Schedule 2
b: includes any expenses that have been incurred—
i: under any Imprest Supply Act passed relating to the 2015/16 financial year; and
ii: in advance, but within the scope, of the appropriation.
8: Expenses under section 21 of Public Finance Act 1989
The appropriations to which output expenses may be charged under section 21 Schedule 3
9: Capital injections authorised for 2015/16 financial year
1: The Crown is authorised to make capital injections during the 2015/16 financial year to each department and Office of Parliament specified in column 1 of Schedule 4.
2: The capital injections authorised by this section to a department or an Office of Parliament are limited to the amount specified in column 3 of Schedule 4
3: An authorisation made by this section includes any capital injection that has been made—
a: under any Imprest Supply Act passed relating to the 2015/16 financial year; and
b: in advance of the authorisation.
10: Repeals
The Acts specified in Schedule 5 2015-08-25 Appropriation (2013/14 Confirmation and Validation) Act 2015 Appropriation (2014/15 Estimates) Act 2014 Appropriation (2014/15 Supplementary Estimates) Act 2015 |
DLM6559200 | 2015 | Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015 | 1: Title
This Act is the Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) 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 Sale and Supply of Alcohol Act 2012 principal Act 2015-09-01 Sale and Supply of Alcohol Act 2012
1: Substantive amendments
4: New sections 45A to 45G and cross-heading inserted
After section 45 Rugby World Cup 2015 extended trading hours
45A: Purpose
The purpose of sections 45B to 45G
a: for which an on-licence or a club licence is held; and
b: in which the licensee intends to televise, and televises, on a particular night, a notified game or games.
45B: Game, and other terms, defined
1: In section 45A sections 45C to 45G game Schedule 4 night televise
a: in any form, on any basis (for example, subscription to a television channel or service, or on-demand), and using any medium or media (for example, satellite television broadcast, or Internet video streaming); and
b: to or for, or to or for a class of, the public.
2: Permitted trading hours section 45A sections 45C to 45G
45C: Eligible premises
1: Sections 45D to 45F
a: is held, and not suspended or cancelled, immediately before a night—
i: on or after 19 September 2015 (New Zealand standard time); and
ii: before or on 1 November 2015 (New Zealand daylight time); and
b: has not been varied or suspended under section 280 within 12 months before the date on which the licensee gives notice under this section.
2: However, sections 45D to 45F
a: that the licensee intends to televise in the premises on the night the game, all games, or any 1 or more stated games, on the night; and
b: of the details of the noise management plan that is, or the other arrangements for managing noise levels that are, appropriate to the locality, and that the licensee is to have in place during every proposed extension under section 45D
3: The details under subsection (2)(b) must state how the licensee will comply with the noise level management conditions in section 45E(1)(c)
4: The notification to the Police must be sent to the constable in charge of the police station nearest to the premises for which the licence is held.
5: Sections 45D to 45F
a: an application for an order under section 280 suspending or cancelling the licence is made on the grounds, expressly stated in the application, that the premises have clearly been conducted in breach, without reasonable excuse, of any of sections 45D to 45F
b: a copy of the application is sent to, and received by, the licensee.
45D: Trading hours extended
1: The licensee has the extension provided in this section to the permitted trading hours, but only if the primary or sole purpose of the premises being open on the night is to allow customers to watch the televised game or games notified by the licensee under section 45C
2: The premises can open 1 hour before the start of each game to be televised.
3: However, if the first or only game to be televised is to start no more than 2 hours after the end of the last period of permitted trading hours for the premises, the premises can stay open after that period, and until that game starts.
4: The premises can be open during each game televised.
5: The premises are required to close for the sale of alcohol 30 minutes after the end of each game televised (unless that 30-minute period ends after the start of the 1-hour period under subsection (2) for the next game to be televised).
6: Sections 255 and 256 make it an offence for a person to whom section 255(1) applies to be found in (and for the licensee or a manager of the premises to allow the person to be on) any part of the premises, if they are on-licence premises used principally or exclusively for the sale, supply, or consumption of alcohol, at any time that—
a: is not a time when a special licence applies to the premises; and
b: is not between 6 am and the time when the next period of permitted trading hours for the premises begins; and
c: is—
i: more than 30 minutes after the premises are required to close for the sale of alcohol; or
ii: a time when the premises are required to be closed for the sale of alcohol. Example 1—single game, not more than 2 hours after trading hours
The licensee notifies the Samoa v Japan game on 4 October at 2.30 NZDT. The last period of permitted trading hours for the premises ends at 0.30 NZDT. The premises can open 1 hour before the game (at 1.30 NZDT). However, as the game is to start no more than 2 hours after 0.30 NZDT, the premises can stay open after 0.30 NZDT until the game starts at or about 2.30 NZDT. The premises can be open during the game televised, which ends at 4.15 NZDT. The premises are required to be closed for the sale of alcohol at 4.45 NZDT. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customer can be found in, or allowed to be on, the premises after 5.15 NZDT and before 6.00 NZDT. Example 2—successive games
The licensee notifies the first, second, and third of these 3 games on 12 October: the Argentina v Namibia game to start at 0.00 NZDT: the Italy v Romania game to start at 2.30 NZDT: the France v Ireland game to start at 4.45 NZDT. The last period of permitted trading hours for the premises ends at 0.30 NZDT. The premises can be open from 0.30 NZDT (the end of the last period of permitted trading hours) to the end of the third game, because—
a: the gaps between the games are both less than 1 hour; and
b: the premises can open 1 hour before the start of each game to be televised. The third game ends at 6.30 NZDT. The premises are required to be closed for the sale of alcohol at 7.00 NZDT. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so customers can be found in, or allowed on, the premises, after 6.00 NZDT and until the next period of permitted trading hours for the premises begins. Example 3—non-successive games
The licensee notifies the first and third, but not the second, of these 3 games on 12 October: the Argentina v Namibia game to start at 0.00 NZDT: the Italy v Romania game to start at 2.30 NZDT: the France v Ireland game to start at 4.45 NZDT. The last period of permitted trading hours for the premises ends at 0.30 NZDT. The premises can be open from 0.30 NZDT (the end of the last period of permitted trading hours) to the end of the first game, at 1.45 NZDT. The premises are required to be closed for the sale of alcohol at 2.15 NZDT. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customers can be found in, or allowed on, the premises after 2.45 NZDT. The premises can open at 3.45 NZDT (1 hour before the start of the third game). The third game ends at 6.30 NZDT. The premises are required to be closed for the sale of alcohol at 7.00 NZDT. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so customers can be found in, or allowed on, the premises, after 6.00 NZDT and until the next period of permitted trading hours for the premises begins.
45E: Effect of extensions (on one-way door restrictions, etc)
1: While the premises are open under an extension under section 45D
a: the licensee has, for the purposes of section 247(1), the authority of this Act to do any of the following things:
i: sell or supply alcohol on the premises for consumption there; or
ii: let people consume alcohol on the premises; and
b: sections 46 to 63 and 259(1) require the licensee to comply with all applicable requirements and restrictions imposed by or under this Act, and with every (and, in particular, with the most restrictive relevant applicable) condition subject to which the licence has been issued or renewed, except so far as those requirements, restrictions, or conditions are overridden under subsection (4)(a); and
c: the licensee must comply with the following conditions:
i: outside areas cannot be used for any purpose (despite section 12 of the Smoke-free Environments Act 1990):
ii: outside audio equipment (for example, loudspeakers, amplifiers, or audio relay equipment) cannot be used:
iii: bottles, or other rubbish, cannot be disposed of, or left for collection.
2: An extension under section 45D
a: must be treated as if it were part of the permitted trading hours (for example, under sections 46(1) and 259(1)(a)) on a day on which alcohol may be sold and supplied; and
b: is not (for example, under sections 255(1)(c)(i) and (ii) and 256), while it operates, a time when the premises are required to close, or to be closed, for the sale of alcohol.
3: Any one-way door restriction (whether imposed on the licence, or in a relevant local alcohol policy) applicable to the premises during the permitted trading hours does not operate—
a: within 1 hour before an extension starts under section 45D(3)
b: during an extension under section 45D
c: within 1 hour and 30 minutes after the premises are required under section 45D(5)
4: Section 45D
a: override any contrary provisions of this Act, of a relevant local alcohol policy, or of a condition of the licence; and
b: do not affect closure under section 265 or 266 of the premises, or the operation of subpart 9 of Part 2 (Other enforcement provisions) in respect of the premises.
5: A person’s use of land must be treated as not contravening section 9 of the Resource Management Act 1991 if—
a: it complies with section 45D
b: it would comply with section 9 of the Resource Management Act 1991 if it occurred only during permitted trading hours.
45F: Display of information about extensions
1: If sections 45D and 45E section 45C sections 45D and 45E
2: The statement must be displayed in the way section 57(1) or (2) requires display of a statement of all conditions subject to which the licence is issued.
45G: Special licences unaffected, and not limiting, but do not apply if notice given
1: Sections 45A to 45F
a: an application for a special licence issued in respect of an event related to a game or games; or
b: the operation of a special licence of that kind.
2: Section 45C(1) sections 45D and 45E
3: However, if the holder of the special licence gives notice under section 45C(2) sections 45D and 45E
a: sections 45D to 45F
b: for the period of the extension provided by section 45D
5: New Schedule 4 inserted
After Schedule 3 Schedule
6: Expiry and repeal of extended trading hours provisions
Sections 44(3) 45(3) 50(3) section 45A 2016-11-02 Sale and Supply of Alcohol Act 2012
2: Consequential amendments
7: New section 5A inserted (Status of examples)
After section 5
5A: Status of examples
An example provided in this Act of the operation of a provision of an enactment—
a: does not limit the provision; and
b: may extend the operation of the provision.
8: Section 44 amended (Permitted trading hours for premises without relevant local alcohol policy)
After section 44(2)
3: This section is overridden by sections 45A to 45G
9: Section 45 amended (Permitted trading hours for premises with relevant local alcohol policy)
After section 45(2)
3: This section is overridden by sections 45A to 45G
10: Section 50 amended (One-way door restrictions in local alcohol policies to be complied with)
After section 50(2)
3: This section is overridden by sections 45A to 45G |
DLM6603002 | 2015 | Customs and Excise Amendment Act (No 2) 2015 | 1: Title
This Act is the Customs and Excise 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 amends the Customs and Excise Act 1996 principal Act 2015-11-07 Customs and Excise Act 1996
4: Section 54 amended (Prohibited imports)
1: After section 54(1)(aa)
ab: goods designed, manufactured, or adapted with intent to facilitate the commission of a crime involving dishonesty; or
ac: goods that, having regard to all relevant circumstances, can reasonably be considered—
i: part of, or involved in, an attempt to commit a crime involving dishonesty to which section 72 of the Crimes Act 1961 applies; or
ii: related to a conspiracy to commit a crime involving dishonesty to which section 310 of the Crimes Act 1961 applies; or
2: After section 54(8)
9: In this section, crime involving dishonesty
5: Section 56 amended (Prohibited exports)
1: After section 56(1)(a)
ab: goods designed, manufactured, or adapted with intent to facilitate the commission of a crime involving dishonesty; and
ac: goods that, having regard to all relevant circumstances, can reasonably be considered—
i: part of, or involved in, an attempt to commit a crime involving dishonesty to which section 72 of the Crimes Act 1961 applies; or
ii: related to a conspiracy to commit a crime involving dishonesty to which section 310 of the Crimes Act 1961 applies; and
2: In section 56(2A) crime involving dishonesty
6: Section 209 amended (Offences in relation to importation or exportation of prohibited goods)
1: In section 209(1)(c) is knowingly except for the conduct described in paragraph (cab), is knowingly
2: After section 209(1)(ca)
cab: is knowingly concerned in any importation or exportation of—
i: goods that are designed, manufactured, or adapted with intent to facilitate the commission of a crime involving dishonesty; or
ii: goods that, having regard to all relevant circumstances, can reasonably be considered—
A: part of, or involved in, an attempt to commit a crime involving dishonesty to which section 72 of the Crimes Act 1961 applies; or
B: related to a conspiracy to commit a crime involving dishonesty to which section 310 of the Crimes Act 1961 applies; or
3: After section 209(2)
2A: Every person who commits an offence against subsection (1)(cab) is liable on conviction to imprisonment for a term not exceeding 3 years.
4: After section 209(6)
7: In this section, crime involving dishonesty |
DLM6602702 | 2015 | Criminal Investigations (Bodily Samples) Amendment Act 2015 | 1: Title
This Act is the Criminal Investigations (Bodily Samples) Amendment Act 2015.
2: Commencement
This Act comes into force on the earlier of the following:
a: a date appointed by the Governor-General by Order in Council:
b: the day that is 90 days after the date on which the Act receives the Royal assent.
3: Principal Act
This Act amends the Criminal Investigations (Bodily Samples) Act 1995 principal Act 2016-02-04 Criminal Investigations (Bodily Samples) Act 1995 Refer section 2(b)
4: Section 27 amended (Access to and disclosure of information on DNA profile databank)
After section 27(1)(c)
d: for the purpose of responding to a request under the Mutual Assistance in Criminal Matters Act 1992 if—
i: access to the information requested is authorised by the Attorney-General; and
ii: the request relates to an offence that corresponds to an offence in New Zealand that is punishable by a term of imprisonment of more than 1 year. |
DLM6117601 | 2015 | Gambling Amendment Act (No 2) 2015 | 1: Title
This Act is the Gambling Amendment Act (No 2) 2015.
2: Commencement
1: Except as provided in subsections (2) and (3)
2: Sections 7 16 21 22 24 25
3: If any provision referred to in subsection (2) Section 2(2) brought into force 3 October 2016 Gambling Amendment Act (No 2) 2015 Commencement Order 2016
3: Principal Act
This Act amends the Gambling Act 2003 principal Act 2015-10-21 Gambling Act 2003 Except as provided for in section 2(2) and (3) OIC LI 2016/192 2016-10-03 Gambling Act 2003 Sections 7, 16, 21, 22, 24 and 25 come into force on 3 October 2016. The rest of the Act is already in force.
1: Class 4 gambling
4: Section 4 amended (Interpretation)
1: In section 4(1) key person
iii: exercises significant influence in the management of a corporate society that is an applicant for, or a holder of, a class 4 operator’s licence:
iv: is a management services provider for a corporate society that is an applicant for, or a holder of, a class 4 operator’s licence:
v: is the chief executive (or performs that function) of a management services provider for a corporate society that is an applicant for, or a holder of, a class 4 operator’s licence:
vi: exercises significant influence in the management of a management services provider for a corporate society that is an applicant for, or a holder of, a class 4 operator’s licence; and
2: In section 4(1) key person
iva: a person who has a significant interest in the management, ownership, or operation of a venue operator, except for the following persons holding office, elected, or appointed under the Sale and Supply of Alcohol Act 2012:
A: a member of a licensing trust elected in accordance with sections 308 to 314 of that Act or appointed under section 315 of that Act; or
B: a trustee of a community trust holding office under section 369 of that Act or elected in accordance with sections 370 to 373 of that Act or appointed under section 374 of that Act:
ivb: a person who has the ability, directly or indirectly, to exert a significant degree of influence over the management or operations of a venue operator, except for the following persons holding office, elected, or appointed under the Sale and Supply of Alcohol Act 2012:
A: a member of a licensing trust elected in accordance with sections 308 to 314 of that Act or appointed under section 315 of that Act; or
B: a trustee of a community trust holding office under section 369 of that Act or elected in accordance with sections 370 to 373 of that Act or appointed under section 374 of that Act; and
3: In section 4(1) management services provider
a: directly relate to the conduct of class 4 gambling; and
b: are not solely confined to servicing gambling equipment at a class 4 venue; and
c: would, in the absence of that contract or arrangement, be performed by the corporate society itself
4: Replace the definition of net proceeds section 4(1) net proceeds section 5A
5: New section 5A inserted (Meaning of net proceeds)
After section 5
5A: Meaning of net proceeds
1: In this Act, net proceeds
a: the sum of the amounts described in subsection (2)
b: the sum of the amounts described in subsection (3)
2: The amounts referred to in subsection (1)(a)
a: the turnover of the gambling concerned (less prizes):
b: any interest or other investment return on that turnover:
c: any gain from selling or disposing of a gambling asset at a price or value above the gambling asset’s book value at the time of the sale or disposal.
3: The amounts referred to in subsection (1)(b)
a: the actual, reasonable, and necessary costs, levies, and taxes incurred in conducting the gambling; and
b: the actual, reasonable, and necessary costs incurred in complying with any of the following in relation to the gambling:
i: this Act or any other relevant enactment:
ii: an operator’s licence:
iii: a venue licence; and
c: the amount by which any gambling asset is depreciated in each year in accordance with generally accepted accounting practice (as defined in section 108) and, where applicable, the depreciation rates set under section 116; and
d: any loss from selling or disposing of a gambling asset at a price or value below the gambling asset’s book value at the time of the sale or disposal; and
e: any payments made in compliance with regulations made under section 371(1)(dd)
6: New section 8AA inserted (Transitional, savings, and related provisions)
After section 8
8AA: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
7: Section 30 amended (Meaning of class 4 gambling)
Replace section 30(b)
b: either—
i: no commission is paid to or received by a person for conducting the gambling; or
ii: the only commission that is paid to or received by a person for conducting the gambling is a commission payment to a venue operator that complies with regulations made under section 371(1)(dd)
8: Section 33 amended (Status of New Zealand Racing Board and racing clubs)
After section 33(2)
3: However, a class 4 venue licence may not be issued to the New Zealand Racing Board or a racing club if another corporate society (other than the New Zealand Racing Board or that racing club)—
a: holds a class 4 venue licence for the venue; or
b: held a class 4 venue licence for the venue at any time during the 5-year period immediately before the date on which the application for the licence is made.
9: Section 46 amended (Appeal to Gambling Commission regarding class 3 operator’s licence)
Replace section 46(5)
5: The Gambling Commission must give notice of—
a: its decision, with reasons, to both the society and the Secretary; and
b: the date on which its decision takes effect (which may be a date that is later than the date on which it makes the decision).
10: Section 47 amended (Consequences of appeal regarding class 3 operator’s licence)
In section 47(2)(b) outcome of an appeal, date that the Gambling Commission specifies under section 46(5)
11: Section 52 amended (Grounds for granting class 4 operator’s licence)
1: In section 52(4)(c)(iv) Act. Act; and
2: After section 52(4)(c)(iv)
d: any other matter that the Secretary considers relevant.
12: Section 53 amended (Content and conditions of class 4 operator’s licence)
1: In section 53(1)(b)
2: After section 53(1)
1A: The Secretary may specify any expiry date for a class 4 operator’s licence that is not more than 3 years after the commencement date of that licence.
13: Section 61 amended (Appeal to Gambling Commission regarding class 4 operator’s licence)
1: After section 61(1)
1A: To avoid doubt, the specification of an expiry date under section 53(1A)
2: Replace section 61(5)
5: The Gambling Commission must give notice of—
a: its decision, with reasons, to both the corporate society and the Secretary; and
b: the date on which its decision takes effect (which may be a date that is later than the date on which it makes the decision).
14: Section 62 amended (Consequences of appeal regarding class 4 operator’s licence)
In section 62(2)(b) outcome of an appeal, date that the Gambling Commission specifies under section 61(5)
15: Section 68 amended (Determining suitability for class 4 venue licence)
1: In section 68(1)(c)(iv) Act. Act; and
2: After section 68(1)(c)(iv)
d: any other matter that the Secretary considers relevant.
16: Section 69 amended (Form and content of class 4 venue agreement)
Replace section 69(1)(b)
b: the payments to be made by the holder of the class 4 venue licence to the venue operator, which must be payments that comply with regulations made under section 371(1)(dd)
17: Section 70 amended (Content and conditions of class 4 venue licence)
1: In section 70(1)(b)
2: After section 70(1)
1A: The Secretary may specify any expiry date for a class 4 venue licence that is not more than 3 years after the commencement date of that licence.
18: Section 77 amended (Appeal to Gambling Commission regarding class 4 venue licence)
1: After section 77(1)
1A: To avoid doubt, the specification of an expiry date under section 70(1A)
2: Replace section 77(5)
5: The Gambling Commission must give notice of—
a: its decision, with reasons, to the corporate society, or the parties to the venue agreement, and the venue manager and the Secretary; and
b: the date on which its decision takes effect (which may be a date that is later than the date on which it makes the decision).
19: Section 78 amended (Consequences of appeal regarding class 4 venue licence)
In section 78(2)(b) outcome of an appeal, date that the Gambling Commission specifies under section 77(5)
20: Section 104 amended (Gaming machine profits must be banked)
In section 104(1) directly
21: Section 108 amended (Contents of annual report)
After section 108(1)
1A: The financial statements included in the annual report must comply with regulations made under section 371(1)(dc)
22: Section 110 amended (Publication requirements for corporate societies)
1: Replace section 110(4)
4: A corporate society must publish at least annually, or at any shorter intervals specified by regulations, a statement that discloses the following matters:
a: details of all applications received from applicants during the reporting period:
b: details disclosing, for each application that has been determined during the reporting period,—
i: whether it has been accepted in full or declined in full:
ii: whether it has been accepted in part and declined in part:
iii: if it has been declined in full or in part, the reasons for that decision:
c: every amount of net proceeds from class 4 gambling distributed in the reporting period and the applicant to whom that amount relates:
d: any interest that any member of a corporate society's net proceeds committee has in any applicant who is a recipient of a grant that—
i: has been made by that committee; and
ii: is required to be disclosed under paragraph (c)
e: the results of the corporate society’s annual review of the criteria, methods, systems, and policies it uses for considering the distribution of net proceeds from class 4 gambling:
f: any other matters prescribed by regulations.
4A: For the purposes of subsection (4)(d) interest recipient
a: the member may derive a financial benefit from the grant or may have a financial interest in the recipient; or
b: the member is a part of the immediate family of the recipient; or
c: where the recipient is an organisation, club, society, or association, the member is—
i: an officer or a member of the recipient; or
ii: a part of the immediate family of an officer or a member of the recipient; or
d: the member is, or has been, the recipient's lawyer or is under a professional obligation to the recipient in another professional capacity; or
e: the member is, or has been, employed by the recipient, or is, or has been, indebted to the recipient, or is, or has been, involved in business or financial dealings with the recipient; or
f: the member is otherwise connected or involved with the recipient in a way that can reasonably be perceived as having influenced the decision to make the grant to the recipient.
4B: A corporate society must, in accordance with the regulations, provide the Secretary with an electronic version of every statement published under subsection (4)
2: Replace section 110(6)
6: In this section,— applicant net proceeds committee part of the immediate family
a: who is the member's—
i: spouse, civil union partner, or de facto partner; or
ii: parent, child, sister, or brother; or
b: who is the parent, child, sister, or brother of the member’s spouse, civil union partner, or de facto partner publish regulations reporting period subsection (4)
23: Section 114 amended (Regulations regarding application or distribution of net proceeds from class 4 gambling)
1: Replace section 114(1)(e) and (f)
e: prescribing requirements for the publication of information about the application and distribution of net proceeds from class 4 gambling, which may, without limitation, include requirements that information of that kind, or any class of information of that kind, be published—
i: in a stated manner, location, or form:
ii: in an electronic form as well as, or instead of, a non-electronic form:
f: prescribing any matter to be disclosed in a statement published under section 110(4)
g: prescribing the form of the electronic version required to be provided under section 110(4B)
h: specifying the reporting period to which a statement published under section 110(4)
i: specifying intervals that are shorter than 12 months at which a statement under section 110(4)
j: requiring that a portion of the proceeds of class 4 gambling (which may be specified or determined by a specified formula or definition) be applied or distributed to or for authorised purposes in, or operating in, the geographical area from which those proceeds were derived:
k: setting out how geographical areas are to be identified or defined for the purposes of the regulations, and different definitions may be adopted for different purposes:
l: prescribing the criteria or circumstances under which a corporate society may retain net proceeds to maintain financial viability:
m: limiting the amount of the net proceeds of class 4 gambling that may be applied or distributed to or for authorised purposes in, or operating in, any specified geographical areas, or all geographical areas, that are outside the geographical area from which those net proceeds were derived:
n: imposing rules about the application or distribution of net proceeds that are not required to be, or are not prohibited from being, applied or distributed to or for authorised purposes in, or operating in, a particular geographical area:
o: prescribing any other matters concerning the management, application, or distribution of net proceeds.
2: Repeal section 114(3)
24: Section 115 amended (Payment of commission prohibited)
After section 115(1)
1A: Subsection (1) does not apply to commission payments made to a venue operator if the payment complies with regulations made under section 371(1)(dd)
25: Section 116 replaced (Secretary may limit or exclude costs of corporate society)
Replace section 116
116: Secretary may limit or exclude operating costs of corporate society
1: The Secretary may, by notice in the Gazette
a: set limits on, or exclude, the operating costs that may be incurred by a corporate society that conducts class 4 gambling:
b: set the rates of depreciation for gambling assets acquired by a corporate society in respect of class 4 gambling.
2: A notice under subsection (1)
3: A limit may be expressed in any way that the Secretary considers appropriate, for example,—
a: as a specific amount:
b: as a percentage:
c: as an amount for each gaming machine.
4: A contract or other arrangement or obligation entered into by a corporate society, whether before or after the enactment of this Act, that does not comply with limits set under subsection (1)
5: A notice given under subsection (1)
6: In this section, operating costs
a: includes the following:
i: costs of operating the corporate society, including fees, salary, expenses, or any other payments to a key person, to a management services provider, or to another person involved in operating the corporate society:
ii: costs associated with repairing and maintaining gambling equipment; but
b: does not include any payment made to a venue operator.
26: Section 117 amended (Secretary may investigate and audit licensees, grant recipients, and businesses at class 4 venues)
1: In the heading to section 117 grant recipients, management services providers,
2: After section 117(1)(b)
ba: an investigation and audit of a management services provider:
27: Section 118 amended (Certain persons must not seek, receive, or offer benefits with conditions attached)
1: In the heading to section 118 benefits with improper
2: In section 118(1), (2), (3), and (3A) a condition attached an improper condition attached
3: In section 118(2)(a) and (b) if the holder operates at that venue
4: Replace section 118(4)
3B: A holder of a class 4 operator's licence or a class 4 venue licence, or a key person in relation to a class 4 operator's licence or a class 4 venue licence, must not knowingly receive any money, a benefit, an advantage, a privilege, or a gift that could reasonably be perceived as influencing decisions taken, or to be taken, on applications for grants, whether the receipt is direct, indirect, formal, informal, or otherwise.
4: To avoid doubt, subsections (2) and (3) do not prevent the holder of a class 4 operator’s licence from paying a key person in relation to a class 4 venue the costs associated with the class 4 venue if the payment—
a: complies with section 115 and regulations made under section 371; and
b: is consistent with the relevant venue agreement; and
c: is otherwise lawful.
5: In section 118(6)(a) the condition is attached where an improper condition is an element of an offence,
2: Miscellaneous matters
28: New section 235A inserted (No review of Secretary's decisions concerning class 3 or class 4 gambling until right of appeal exercised)
After section 235
235A: No review of Secretary's decisions concerning class 3 or class 4 gambling until right of appeal exercised
1: A person who has a right to appeal to the Gambling Commission against 1 or more of the decisions specified in subsection (2)
a: that person exercises that right of appeal; and
b: the appeal is finally determined.
2: The decisions referred to in subsection (1)
a: a decision by the Secretary to refuse to grant a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence:
b: a decision by the Secretary to cancel or suspend a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence:
c: a decision by the Secretary to amend or revoke a condition of, or add a new condition to, a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence:
d: a decision by the Secretary to refuse to renew a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence:
e: a decision by the Secretary to refuse to amend a class 3 operator’s licence, class 4 operator’s licence, or class 4 venue licence.
3: In this section, apply for judicial review
a: to make an application for review of the decision under Part 1 of the Judicature Amendment Act 1972; or
b: to institute proceedings seeking any writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction, in respect of that decision.
29: Section 355 amended (Proceedings for offences)
After section 355(1)
1A: Despite subsection (1), the limitation period in respect of an offence against section 113 or 118 ends on the date that is 5 years after the date on which the offence was committed.
30: Section 371 amended (Other regulations)
After section 371(1)(db)
dc: prescribing requirements relating to the presentation of financial reports by holders of class 4 operator’s licences, and specifying matters that must be included in those reports, including, without limitation, key indicators of operational efficiency:
dd: prescribing the payments that corporate societies may make to venue operators and, for that purpose, providing for 1 or more of the following:
i: the matters for which venue operators may or may not be paid, including (but not limited to) costs:
ii: any limit on the payment for a matter of a particular kind:
iii: that, subject to any conditions that may be prescribed, the payment for 1 or more matters may be up to an amount that does not exceed a specified percentage of the turnover (exclusive of prizes and goods and services tax) of the class 4 gambling, for a stated period, at the venue:
de: prescribing the manner in which payments prescribed under paragraph (dd)
31: New Schedule 1AA inserted
Before Schedule 1 Schedule 1AA Schedule |
DLM6403802 | 2015 | Local Government Act 1974 Amendment Act 2015 | 1: Title
This Act is the Local Government Act 1974 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 Act 1974 principal Act 2015-03-26 Local Government Act 1974
4: Section 342 amended (Stopping and closing of roads)
In section 342(1)(a) (not being a borough council)
5: Schedule 10 amended
In Schedule 10 Ministry of Transport New Zealand Transport Agency |
DLM4698442 | 2013 | Maritime Transport Amendment Act 2013 | 1: Title
This Act is the Maritime Transport Amendment Act 2013.
2: Commencement
1: Sections 91 to 100
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. Section 2(1) brought into force 1 October 2014 Maritime Transport Amendment Act 2013 Commencement Order 2014
3: Principal Act
This Act amends the Maritime Transport Act 1994 principal Act 2013-10-23 Maritime Transport Act 1994 Except ss 91–100 OIC LI 2014/276 2014-10-01 Maritime Transport Act 1994 ss 91–100 only
4: Long Title amended
1: In the Long Title, paragraph (a), replace the Maritime Safety Authority of New Zealand Maritime New Zealand
2: In the Long Title, paragraph (g), after environment ; and
3: In the Long Title, after paragraph (g), insert: (h) to regulate maritime activities in New Zealand and New Zealand waters; and (i) to regulate maritime activities and the marine environment in the exclusive economic zone and on the continental shelf as permitted under international law .
5: Section 2 amended (Interpretation)
1: In section 2(1) owner under section 57 of the Fisheries Act 1983 in the Fishing Vessel Register kept under section 98 of the Fisheries Act 1996
2: In section 2(1) pleasure craft pleasure craft
a: means a ship that is not offered or used for hire or reward, and is used exclusively for—
i: the owner's pleasure or as the owner's residence; or
ii: recreational purposes by—
A: the members of a club that owns the ship:
B: the beneficiaries of a trust that owns the ship:
C: the members of an incorporated society that owns the ship; but
b: excludes a ship that is—
i: provided for transport, sport, or recreation by, or on behalf of, an institution, hotel, motel, place of entertainment, or other establishment or business:
ii: used on a voyage for pleasure if the ship is normally used, or intended to be normally used, as a fishing ship or for the carriage of passengers or cargo for hire or reward:
iii: operated or provided by—
A: a club, incorporated society, or trust for non-recreational purposes; or
B: a business .
3: In section 2(1) port port
a: means an area of land and water intended or designed to be used either wholly or partly for the berthing, departure, movement, and servicing of ships; and
b: includes any place in or at which ships can or do—
i: load or unload goods:
ii: embark or disembark passengers; and
c: also includes a harbour .
4: In section 2(1) reward
b: in the definition of pleasure craft,—
i: includes the payment (whether of money or money's worth and whether directly or indirectly) of a contribution towards the expenses of a voyage—
A: to, or for the benefit of, the owner or master of a ship:
B: by or on behalf of persons carried, or the owners of cargo carried, on board the ship during the voyage; but
ii: does not include the payment of contributions for the use of a ship exclusively for recreational purposes by—
A: an owner of the ship; or
B: a member of a club, an incorporated society, or a trust that owns the ship .
5: In section 2(1) harbour
a: means any natural or artificial harbour; and
b: includes any place in or at which ships can or do obtain shelter harbourmaster Part 3A navigation bylaws Part 3A .
6: Section 4 amended (Application of this Act)
After section 4(3)
4: Except where the context otherwise requires, where this Act applies to ships, it applies to New Zealand ships wherever they may be.
7: New Part 3A inserted
After Part 3
3A: Local regulation of maritime activity
33A: Application of this Part
This Part applies to—
a: New Zealand waters; and
b: maritime-related activities anywhere in New Zealand.
33B: Interpretation
In this Part, unless the context otherwise requires,— commercial port
a: means—
i: a port operated by a port company; or
ii: any other port that services commercial ships (whether or not it also services ships that are not commercial ships); and
b: includes the buildings, installations, other structures, or equipment on or adjacent to a port and used in connection with the port's operation or administration maritime-related activities oil owner personal water craft
a: has a fully enclosed hull; and
b: does not take on water if capsized; and
c: is designed to be operated by a person standing, sitting astride, or kneeling on it, but not seated within it port company port operator
a: means any person who operates a commercial port; and
b: includes a port company public authority
a: a Minister of the Crown:
b: a Government department:
c: a statutory body:
d: a local authority:
e: an iwi authority region regional council
a: means a regional council within the meaning of section 5(1) of the Local Government Act 2002; and
b: includes any unitary authority within the meaning of section 5(1) of that Act territorial authority wreck
a: a ship or an aircraft that is abandoned, stranded, or in distress, or any equipment, cargo, or other articles belonging to or separated from such a ship or aircraft:
b: shipping containers and property lost overboard or similarly separated from a ship other than cargo lost in the course of unloading or discharge from the ship while the ship is in a port:
c: a derelict ship.
33C: Functions of regional councils
For the purpose of ensuring maritime safety in their regions, regional councils may regulate—
a: the ports, harbours, and waters in their regions; and
b: maritime-related activities in their regions. Harbourmasters
33D: Regional councils to appoint harbourmasters
1: A regional council may appoint a harbourmaster for any port, harbour, or waters in its region.
2: Despite subsection (1)
3: A direction under subsection (2)
4: If maritime rules do not prescribe qualifications for harbourmasters, the regional council must satisfy itself that a person appointed as harbourmaster is suitably qualified to perform the functions of harbourmaster in respect of the relevant port, harbour, or waters. 1974 No 66 s 650B
33E: Functions of harbourmasters
A harbourmaster may exercise the powers and perform the duties conferred by this Act or any other enactment for the purpose of ensuring maritime safety in relation to the ports, harbours, or waters for which he or she has been appointed as a harbourmaster by the regional council.
33F: Harbourmasters' general powers
1: For the purposes of ensuring maritime safety, or enforcing navigation bylaws or regulations and rules made under this Act relating to maritime safety, a harbourmaster may, in relation to the areas for which he or she has been appointed as a harbourmaster by the regional council,—
a: enter and remain on any ship in waters within the region:
b: enter and remain on any maritime facility, or on any land or property of a port company or a port operator, within the region:
c: give directions regarding—
i: the time and manner in which ships may enter into, depart from, lie in, or navigate waters within the region:
ii: the position, mooring, unmooring, placing, removing, securing, or unsecuring of ships:
iii: the manner in which ships may take in or discharge cargo:
iv: the manner in which cargo is secured or handled on a ship if there is a risk of cargo falling overboard or becoming a hazard to navigation:
d: direct the master of any ship to—
i: weigh anchor; or
ii: moor, unmoor, anchor, secure, unsecure, place, or move the ship:
e: cause a ship to be moored, unmoored, anchored, secured, unsecured, placed, or removed, or to weigh anchor:
f: cause any floating, submerged, or stranded object that the harbourmaster considers to be a hazard to navigation to be moored, unmoored, anchored, secured, unsecured, placed, or removed:
g: require any person appearing to be in charge of any ship or seaplane to stop, and to give his or her name and address:
h: require any person found committing an offence against this Act (or any regulations, rules, or navigation bylaws made under this Act) to give his or her name and address:
i: on informing the owner of a ship or seaplane of an alleged offence against this Act (or any regulations, rules, or navigation bylaws made under this Act) involving that ship or seaplane, require the owner to give all information in the owner's possession or obtainable by the owner that may lead to the identification of the person (not being the owner) who it is alleged committed the offence:
j: regulate and control traffic and navigation on the occasion of unusual or extraordinary maritime traffic.
2: A harbourmaster may exercise the powers under subsection (1)
3: A harbourmaster exercising a power under subsection (1)(a) or (b)
a: announce his or her intention to enter and search the ship or place; and
b: identify himself or herself by name; and
c: produce evidence of his or her identity.
4: However, a harbourmaster is not required to comply with subsection (3)
a: no person is lawfully present in the ship or place to be entered; or
b: compliance with subsection (3)
i: endanger the safety of any person; or
ii: prejudice the successful exercise of the power of entry.
5: The expenses incurred by a harbourmaster under subsection (1)(e) or (f)
a: payable by,—
i: in the case of subsection (1)(e)
ii: in the case of subsection (1)(f)
b: recoverable as a debt owed to the council.
6: Every person who, without reasonable excuse, fails to comply with a direction or requirement given or imposed under subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in any case, to an additional penalty under section 409.
7: Any person affected by a direction given under subsection (1)(c) 1974 No 66 ss 650C, 650D, 650E, 650G; 2012 No 24 s 131(1), (2) Enforcement
33G: Enforcement officers, Police, and authorised regional council officials
For the purpose of ensuring maritime safety or enforcing navigation bylaws, and regulations and rules made under this Act relating to maritime safety,—
a: the regional council may appoint enforcement officers and honorary enforcement officers:
b: enforcement officers, and constables, may exercise the powers of a harbourmaster set out in section 33F(1)(a), (b), (g), (h), and (i)
c: enforcement officers, and constables, may exercise the powers set out in section 33F(1)(c)
d: honorary enforcement officers may exercise the powers set out in section 33F(1)(g) and (h)
e: other persons authorised by the regional council may exercise the powers set out in section 33F(1)(g), (h), and (i) 1974 No 66 ss 650C, 650D, 650E
33H: Powers of entry
For the purposes of carrying out his or her duties under this Part, a harbourmaster or enforcement officer is to be taken in sections 453 to 456 to be a person duly authorised by the Director in relation to any ship, building, or place within the region. Councils may carry out harbour works
33I: Councils may carry out harbour works
1: For the purpose of ensuring maritime safety,—
a: a regional council may—
i: erect, place, and maintain navigational aids in accordance with maritime rules (if any):
ii: remove obstructions and impediments to navigation:
iii: execute and maintain works that it considers likely to improve navigation:
b: a territorial authority may—
i: erect and maintain quays, docks, piers, wharves, jetties, and launching ramps:
ii: carry out other works for improving, protecting, managing, or utilising the waters within its district:
iii: carry out works to prevent the encroachment of waters within its district.
2: Works constructed by a regional council or territorial authority under this section are the property of the council or authority.
3: A regional council or territorial authority may not construct works, or levy tolls, on private land without the owner's consent.
4: This section is subject to—
a: the Resource Management Act 1991; and
b: anything to the contrary in the Marine and Coastal Area (Takutai Moana) Act 2011. 1974 No 66 s 650A; 1994 No 104 s 200 Wrecks
33J: Removal of wrecks by regional council
1: A regional council may take steps in accordance with this section to remove and deal with any wreck within its region that is a hazard to navigation.
2: The regional council may—
a: require the owner of the wreck, or an agent of the owner, to remove the wreck within a time and in a manner satisfactory to the regional council:
b: destroy, dispose of, remove, take possession of, or sell a wreck (or any part of it) if—
i: the regional council has made reasonable efforts to find the owner or agent; and
ii: the owner or agent cannot be found or fails to remove the whole of the wreck within the time specified or in a manner satisfactory to the regional council.
3: The regional council may reimburse itself from the proceeds of any sale of the wreck for any actual expenses incurred in removing the wreck (but must pay any balance owing to the owner of the wreck).
4: The regional council may recover the expenses incurred in removing a wreck as a debt owed by the owner of the wreck in any court of competent jurisdiction. 1974 No 66 s 650K
33K: Removal of wrecks by Director
1: This section applies to any wreck in a regional council's region that is a hazard to navigation.
2: The Director may require the regional council to—
a: remove or deal with the wreck; or
b: cause the owner (of the wreck), or an agent of the owner, to remove the wreck.
3: If the regional council fails to remove or cause the owner, or an agent of the owner, to remove the wreck within 14 days of the Director requiring it to do so under subsection (2) section 33J 1974 No 66 s 650K(2)(f)
33L: Removal of abandoned ships
1: This section applies where any ship (including a ship that is anchored or moored)—
a: is in waters within the region of a regional council; and
b: appears to have been abandoned by its owner.
2: The regional council may remove, store, sell, or otherwise dispose of the ship in accordance with this section.
3: The regional council may remove and store the ship (pending sale or other disposal) if—
a: the council has notified the New Zealand Police of the proposal to remove the ship; and
b: more than 1 month has elapsed since the council affixed a notice to the ship advising the owner that the ship may be removed, and sold or otherwise disposed of, in accordance with this section.
4: The regional council must make reasonable efforts to—
a: identify the owner and the ship's port of registry (if any) by reference to any of the following particulars if they are on or in the ship:
i: the ship's name:
ii: any distinctive number or letters:
iii: the ship's IMO ship identification number:
iv: the ship's port of registry:
v: the ship's registration certificate:
vi: any other certificate issued in respect of the ship in accordance with an international maritime convention:
vii: if the ship is moored, any mooring or berthing contracts; and
b: give notice to the owner of the ship of the council's intention to sell or otherwise dispose of the ship.
5: The regional council must notify its intention to sell or otherwise dispose of the ship in 2 issues of a daily newspaper circulating in the region in which the ship is situated.
6: Any notice under this section must contain—
a: the name of the ship (if known); and
b: a reasonable description of the ship, including its length and any distinctive numbers or letters; and
c: the ship's IMO ship identification number (if known); and
d: if applicable, the place from which the ship was removed under subsection (3)
e: if the ship is currently registered under the Ship Registration Act 1992, the name of the owner.
7: If, after a search of the relevant ship register, the ship is found to be subject to a security interest, the regional council must, before selling or otherwise disposing of the ship, notify the holder of that interest of its intention to sell or otherwise dispose of the ship.
8: The regional council may sell or otherwise dispose of a ship if—
a: it has complied with subsections (4) to (7)
b: more than 1 month has elapsed since the date of the second notice under subsection (5)
9: A person to whom a ship is sold or disposed of under subsection (8)
10: The regional council may reimburse itself from the proceeds of any sale under subsection (8)
11: If any ship is removed, sold, or otherwise disposed of, under this section, the owner must reimburse the regional council for any actual expenses incurred by the council in removing, storing, selling, or otherwise disposing of the ship, and, if the ship is claimed by the owner before it is sold or otherwise disposed of under this section, those expenses are payable before the owner takes delivery of the ship.
12: The regional council may recover any actual expenses incurred in removing, storing, selling, or otherwise disposing of a ship under this section as a debt owed by the owner in any court of competent jurisdiction.
13: This section is subject to sections 33J and 33K 1974 No 66 s 356 Navigation bylaws
33M: Navigation bylaws
1: For the purpose of ensuring maritime safety in its region, a regional council may, in consultation with the Director, make bylaws to—
a: regulate and control the use or management of ships:
b: regulate the placing and maintenance of moorings and maritime facilities:
c: prevent nuisances arising from the use of ships and seaplanes:
d: prevent nuisances arising from the actions of persons and things on or in the water:
e: reserve the use of any waters for specified persons, ships, or seaplanes:
f: in relation to boat races, swimming races, or similar events,—
i: prohibit or regulate the use of ships:
ii: regulate, or authorise the organisers of an event to regulate, the admission of persons to specified areas:
g: regulate and control the use of anchorages:
h: prescribe ship traffic separation and management schemes:
i: specify requirements for the carriage and use of personal flotation devices and buoyancy aids on pleasure craft:
j: require the marking and identification of personal water craft.
2: Navigation bylaws made under subsection (1)
a: limit or affect the ability of a port company or an operator of a commercial port to manage its operations within areas owned or controlled by it, except to the extent the regional council considers necessary in the interests of maritime safety:
b: impose any charge in respect of the regional council’s responsibilities in relation to oil pollution:
c: impose licensing requirements in respect of any aspect of commercial shipping operations that is subject to any requirement contained in any maritime rule:
d: be inconsistent with—
i: regulations or rules made under this Act; or
ii: the Resource Management Act 1991; or
iii: the Lakes District Waterways Authority (Shotover River) Empowering Act 1985; or
iv: the Northland Regional Council and Far North District Council Vesting and Empowering Act 1992.
3: Navigation bylaws may specify the boundaries of any port, harbour, or waters to which the bylaws relate. 1974 No 66 ss 684B, 684C, 684D, 684E, 684F
33N: Offences relating to navigation bylaws
1: Every person who breaches a navigation bylaw commits an offence against this Act punishable on conviction.
2: The Governor-General may, by Order in Council, make regulations prescribing a fine not exceeding $2,500 for any offence under subsection (1)
3: Every person who commits an offence under subsection (1) subsection (2)
4: Despite section 25 of the Criminal Procedure Act 2011, a charging document for an offence against subsection (1) 1974 No 66 ss 683, 698, 699
33O: Infringement offences relating to navigation bylaws
1: The Governor-General may, by Order in Council, make regulations—
a: specifying which breaches of navigation bylaws are infringement offences:
b: prescribing an infringement fee, not exceeding $1,000, for any infringement offence specified under paragraph (a)
c: prescribing the form of infringement notices for infringement offences.
2: A person who is alleged to have committed an infringement offence may be—
a: proceeded against for the offence under the Summary Proceedings Act 1957; or
b: served with an infringement notice. 1974 No 66 ss 699A, 699B
33P: Infringement notices
1: A harbourmaster, an enforcement officer, or a constable may serve an infringement notice on any person that he or she—
a: observes committing an infringement offence; or
b: has reasonable cause to believe—
i: is committing an infringement offence; or
ii: has committed an infringement offence.
2: An infringement notice—
a: is served if the notice or a copy of it is delivered personally to the person alleged to have committed the offence:
b: is to be treated as served for the purposes of the Summary Proceedings Act 1957 if the notice or a copy of it has been posted to the last known place of residence or business of the person alleged to have committed the offence.
3: Every infringement notice must be in the prescribed form and must contain the following:
a: such details of the alleged infringement offence as are sufficient to fairly inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee specified for that offence; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: any other prescribed particulars.
4: If an infringement notice has been issued under this section, proceedings may be commenced in respect of the offence to which the notice relates in accordance with section 21 of the Summary Proceedings Act 1957, and the provisions of that section apply with all necessary modifications. 1974 No 66 s 699C
33Q: Entitlement to infringement fees
A regional council is entitled to retain all infringement fees received by it in respect of infringement offences under section 33O 1974 No 66 s 699D Fees and charges
33R: Fees and charges
1: A regional council may, in accordance with section 150(3) to (6) of the Local Government Act 2002, prescribe fees and charges—
a: in respect of any land, building, equipment, or other property that is owned by the council and operated for maritime-related purposes; or
b: for any function, duty, power, or service performed, exercised, or provided by the council in respect of any ship, maritime facility, offshore installation, pipeline, oil transfer site, navigational aid, or marine farm; or
c: for any maritime-related activities the council undertakes; or
d: in respect of navigation generally.
2: The regional council may fix such fees and charges on any differential basis (for example, on the size of a ship, or on the basis of the nature, the location, and use of a facility). 1974 No 66 s 684B Port operations
33S: Responsibilities of port operators for maritime safety
Port operators must not operate, maintain, or service a port, or cause or permit a port to be operated, maintained, or serviced, in a manner that causes unnecessary danger or risk to—
a: any ship; or
b: any person or property that is on a ship or at sea.
33T: Inspections and audits of port operations
1: The Director may require that any port company, port operator, or other person who operates, maintains, or services a commercial port, or who does any other act in respect of a commercial port, undergo or carry out inspections and audits that the Director considers necessary in the interests of ensuring maritime safety or preventing marine pollution.
2: The Director may require that person to—
a: provide any information the Director considers relevant to the inspection or audit:
b: demonstrate his or her familiarity, or the familiarity of port personnel, with procedures essential for ensuring maritime safety or preventing marine pollution:
c: demonstrate that any operational, maintenance, or servicing procedure that may affect maritime safety or the marine environment is capable of being carried out in a competent manner.
3: Every person commits an offence who, without reasonable excuse, fails to comply with any requirement of the Director under this section.
4: A person who commits an offence against subsection (3)
a: in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued:
b: in the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued:
c: in any case, to an additional penalty under section 409. 1994 No 104 ss 54, 70
33U: Prohibition or conditions on use or operation of port facilities
1: The Director may prohibit or impose conditions on the use or operation of any commercial port if the Director reasonably believes that—
a: the operation or use of that port, or any activity or operational, maintenance, or servicing procedure at that port, is likely to cause, has caused, or is likely to have caused an accident:
b: port personnel are not familiar with procedures essential for ensuring maritime safety or preventing marine pollution:
c: conditions previously imposed under this subsection are not being met.
2: A prohibition or condition imposed under subsection (1)
a: ensuring maritime safety:
b: protecting the health or safety of any person on a ship or at sea:
c: preventing marine pollution.
3: Despite subsection (2)
4: The Director must—
a: notify the prohibitions or conditions made under this section to the persons he or she considers necessary in the manner the Director considers appropriate in the circumstances:
b: provide the owner or the person for the time being in charge of the port with the reasons, in writing, for the prohibition or conditions.
5: A person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424.
6: Every person who, without reasonable excuse, acts in contravention of or fails to comply with any prohibition or condition imposed under this section commits an offence and is liable,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000. 1994 No 104 s 55
33V: Dangerous activity at commercial port
1: Every person commits an offence who operates, maintains, or services a commercial port, or who does any other act in respect of a commercial port, in a manner that causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea, irrespective of whether any injury or damage occurs.
2: Every person commits an offence who causes or permits a commercial port to be operated, maintained, or serviced, or who causes or permits any other act to be done in respect of a commercial port, in a manner that causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea, irrespective of whether any injury or damage occurs.
3: Every person commits an offence who fails to comply with a requirement of this Act in respect of a commercial port and that failure causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea, irrespective of whether any injury or damage occurs.
4: Every person commits an offence who omits to act, or who causes or permits another person to omit to act, in respect of a commercial port, knowing or being reckless as to whether danger or risk is caused to any ship or any person or property on a ship or at sea, and the omission causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea.
5: Every person who commits an offence against this section is liable,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in either case, to an additional penalty under section 409. 1994 No 104 s 65 Miscellaneous
33W: Crown harbours and facilities
1: This section applies to waters (including inland waters), maritime facilities, and maritime works that are—
a: owned or operated by the Crown; and
b: not subject to the jurisdiction of a local authority.
2: The Crown may—
a: regulate, lease, and charge for the use of maritime facilities and maritime works:
b: exercise maritime safety control over any area:
c: do any other thing that a regional council or other local authority may do under this Part.
3: For the purposes of this section, the responsible Minister is,—
a: in the case of facilities or works under the control or management of the Department of Conservation, the Minister of Conservation:
b: in the case of waters, facilities, or works under the control or management of the New Zealand Defence Force, the Minister of Defence:
c: in any other case, the Minister of Local Government.
4: The responsible Minister may, in consultation with the Director, make bylaws in accordance with section 33M
5: The Governor-General may, by Order in Council, make regulations relating to the use of the waters, maritime facilities, and maritime works to which this section applies that—
a: provide for leasing, or charging for the use of, maritime facilities and maritime works:
b: facilitate proof of any document or matter:
c: extend periods of time and cure irregularities:
d: prescribe forms and fees:
e: prescribe fines not exceeding $500 for breaches of the regulations:
f: in the case of continuing offences, prescribe further fines not exceeding $50 for every day that the offence continues:
g: provide for such other matters as are contemplated by or necessary for giving full effect to the provisions of this section.
6: In this section, maritime facilities
a: moorings, wharves, docks, quays, marinas, areas, or other places where ships are maintained; and
b: launching ramps; and
c: other launching facilities. 1974 No 66 s 650I
33X: Delegation or transfer of council's responsibilities
1: A regional council may transfer to a council-controlled organisation or a port operator any of its responsibilities under this Part except—
a: the power to transfer responsibilities under this section; and
b: the power to appoint harbourmasters; and
c: the power to make bylaws.
2: A regional council may transfer any of its responsibilities under this Part to another public authority except the power to transfer responsibilities under this section.
3: A public authority may delegate any of the responsibilities transferred to it under subsection (2)
4: Section 17(3) to (6) of the Local Government Act 2002 apply to transfers of responsibilities under this section to another regional council or territorial authority.
5: In this section, council-controlled organisation 1974 No 66 s 650J; 2002 No 84 s 161 .
8: Section 34 amended (Maritime rules relating to maritime documents)
In section 34(1)(j) maritime related maritime-related
9: Section 36 amended (Maritime rules relating to other matters)
1: After section 36(1)(tb)
tc: prescribing standards and requirements for port and harbour safety:
td: prescribing ship traffic separation and management schemes: .
2: Replace section 36(2)
2: Without limiting anything in subsection (1), rules made under this section may apply to—
a: river rafts:
b: other manually powered water craft:
c: water craft solely powered by sail:
d: the operators, crew, and passengers of river rafts, other manually powered water craft, and water craft solely powered by sail.
10: New section 36A inserted (Power of Governor-General to make maritime rules)
After section 36
36A: Power of Governor-General to make maritime rules
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make maritime rules for any purpose for which the Minister may make maritime rules under this Part.
2: An Order in Council made under subsection (1)
a: is a regulation or an instrument for the purposes of the Regulations (Disallowance) Act 1989; but
b: is not a regulation or an instrument for the purposes of the Acts and Regulations Publication Act 1989.
3: To avoid doubt,—
a: the Governor-General may amend or revoke any maritime rule made by the Minister (as if the Governor-General had made the rule):
b: the Minister may amend or revoke any maritime rule made by the Governor-General (as if the Minister had made the rule).
11: Section 39 amended (Matters to be taken into account in making maritime rules)
1: In section 39(1) The maritime rules made by the Minister and the emergency maritime rules made by the Director Maritime rules and emergency maritime rules
2: In section 39(2) Minister , the Governor-General,
12: New Part 4A inserted
After section 40
4A: Regulation of alcohol consumption by seafarers
40A: Interpretation
In this Part, unless the context otherwise requires,— accompany approved analyst
a: a person who is designated by the Science Minister, by notice in the Gazette
b: a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an approved analyst, either generally or in a particular case approved laboratory Gazette blood specimen blood specimen collecting instrument blood specimen collecting kit blood specimen collecting procedure blood test blood test fee breath screening device breath screening test Commissioner court designated safety, security, or marine environmental duties
a: a document outlining the safety management system of the ship:
b: a document outlining the shipboard procedures for the ship:
c: the employment contract for an individual seafarer doctor's surgery enforcement officer
a: a constable:
b: a Police employee (other than a constable) who is authorised for the purpose by the Commissioner evidential breath test evidential breath-testing device hospital lawyer medical expenses medical officer
a: a person acting in a hospital and who, in the normal course of the person's duties, takes blood specimens; or
b: a nurse; or
c: a medical laboratory technologist medical practitioner passive breath-testing device positive private analyst Science Minister seafarer STCW Convention
40B: Seafarers not to exceed specified alcohol limits
A seafarer may not perform, or attempt to perform, designated safety, security, or marine environmental duties on a ship while—
a: the proportion of alcohol in the seafarer’s breath, as ascertained by an evidential breath test subsequently undergone by the seafarer under section 40I
b: the proportion of alcohol in the seafarer’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the seafarer under section 40L or 40M 1998 No 110 s 11
40C: Contravention of specified breath or blood-alcohol limit
1: A seafarer commits an offence if the seafarer performs, or attempts to perform, designated safety, security, or marine environmental duties while the proportion of alcohol in the seafarer’s breath, as ascertained by an evidential breath test subsequently undergone by the seafarer under section 40I
2: A seafarer commits an offence if the seafarer performs, or attempts to perform, designated safety, security, or marine environmental duties while the proportion of alcohol in the seafarer’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the seafarer under section 40L or 40M
3: If a seafarer is convicted of an offence against subsection (1) or (2) 1998 No 110 s 56
40D: Failure or refusal to remain at specified place or to accompany enforcement officer
1: A seafarer commits an offence if the seafarer—
a: fails or refuses to remain at the place where the seafarer underwent a breath screening test under section 40H
b: fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 40I or 40L
c: having accompanied an enforcement officer to a place under a requirement under section 40I or 40L
i: fails or refuses to remain at that place until the seafarer is required to undergo an evidential breath test or a blood test; or
ii: fails or refuses to accompany an enforcement officer to another place under any of those sections; or
d: having undergone an evidential breath test under a requirement under section 40I
2: If a seafarer is convicted of an offence against subsection (1) 1998 No 110 s 59
40E: Failure or refusal to permit blood specimen to be taken
1: A seafarer commits an offence if the seafarer—
a: fails or refuses to permit a blood specimen to be taken after having been required to do so under section 40L
b: fails or refuses to permit a blood specimen to be taken without delay after having been requested to do so under section 40L
c: is a person from whom a medical practitioner or medical officer may take a blood specimen under section 40M
2: If a seafarer is convicted of an offence against subsection (1) 1998 No 110 s 60
40F: Defences
1: It is a defence to proceedings for an offence against section 40E
2: It is no defence to proceedings for an offence against this Part that a provision forming part of sections 40H to 40P and 40R
3: It is no defence to proceedings for an offence against section 40E
a: there was or may have been an error in the result of the breath screening test or evidential breath test; or
b: the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.
4: It is no defence to proceedings for an offence against this Part in respect of the proportion of alcohol in a defendant's breath that—
a: there was or may have been an error in the result of the breath screening test or evidential breath test; or
b: the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test.
5: It is no defence to proceedings for an offence against this Part in respect of the proportion of alcohol in a defendant's blood that—
a: there was or may have been an error in the result of the breath screening test or evidential breath test; or
b: the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test. 1998 No 110 s 64
40G: Blood test fee
1: A seafarer who, having undergone a blood test, is convicted of an offence against section 40C(2)
2: The medical expenses referred to in subsection (1) 1998 No 110 s 67
40H: Who must undergo breath screening test
1: An enforcement officer may require a seafarer to undergo a breath screening test without delay if—
a: the officer has good cause to suspect that the seafarer has recently committed an offence against section 40C
b: a safety, security, or marine environmental incident involving the use of the ship has occurred while the seafarer was performing designated safety, security, or marine environmental duties and the officer has good cause to suspect that alcohol was a contributing factor.
2: An enforcement officer may not require a seafarer who is in a hospital or doctor's surgery as a result of a safety, security, or marine environmental incident involving the use of a ship to undergo a breath screening test.
3: A seafarer who has undergone a breath screening test under this section must remain at the place where the seafarer underwent the test until after the result of the test is ascertained, and an enforcement officer may arrest the seafarer without warrant if the seafarer refuses or fails to remain at that place.
4: If an enforcement officer may require a seafarer to undergo a breath screening test, the enforcement officer may also require that seafarer to undergo a test using a passive breath-testing device by holding a passive breath-testing device near the seafarer's mouth for the purpose of ascertaining whether or not there is any alcohol in the seafarer's breath.
5: The use or non-use of a passive breath-testing device does not of itself affect the validity of a breath screening test. 1998 No 110 s 68
40I: Who must undergo evidential breath test
1: An enforcement officer may require a seafarer to accompany an enforcement officer to a place where it is likely that the seafarer can undergo an evidential breath test or a blood test (or both) when required to do so by the officer if—
a: the seafarer has undergone a breath screening test under section 40H
b: the seafarer fails or refuses to undergo a breath screening test without delay after having been required to do so by the officer under section 40H
c: the officer has good cause to suspect that the seafarer has consumed alcohol and the seafarer could be required to undergo a breath screening test without delay under section 40H
i: a breath screening device is not readily available; or
ii: a breath screening test cannot, for any reason, be carried out then.
2: If it is not practicable for a seafarer to undergo an evidential breath test at a place to which the seafarer has accompanied an enforcement officer under subsection (1)
3: An enforcement officer may require a seafarer to accompany the officer to a place under subsection (1)
a: it is likely that the seafarer can undergo an evidential breath test at that place, whether or not it is likely that the seafarer can undergo a blood test at that place; or
b: it is likely that the seafarer can undergo a blood test at that place, whether or not it is likely that the seafarer can undergo an evidential breath test at that place.
4: An enforcement officer may require a seafarer to undergo without delay at that place an evidential breath test (whether or not the seafarer has already undergone a breath screening test) if the seafarer—
a: has accompanied the enforcement officer; or
b: has been arrested under subsection (6)
5: A seafarer must—
a: accompany the officer to a place when required to do so under this section:
b: if the seafarer has accompanied an enforcement officer to a place under this section, remain at that place until the seafarer is required either to undergo an evidential breath test or a blood test under this Part, or to accompany an enforcement officer to another place under this section:
c: if the seafarer has undergone an evidential breath test under this section, remain at the place where the seafarer underwent the test until after the result of the test is ascertained.
6: An enforcement officer may arrest without warrant a seafarer who contravenes subsection (5)
7: An enforcement officer may not require a seafarer who is in a hospital or doctor's surgery as a result of a safety, security, or marine environmental incident involving the use of a ship to undergo an evidential breath test. 1998 No 110 s 69
40J: Seafarer may be required to undergo further evidential breath test if initial test fails to produce result
1: If for any reason an evidential breath test carried out under section 40I section 40L(1)(c)
2: A requirement made under subsection (1) section 40I(4) 1998 No 110 s 70
40K: Right to elect blood test
If the result of a seafarer's evidential breath test appears to be positive, the seafarer has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 40R(3)(a) 1998 No 110 s 70A
40L: Who must give blood specimen at places other than hospital or surgery
1: A seafarer must permit a medical practitioner or medical officer to take a blood specimen from the seafarer when required to do so by an enforcement officer if—
a: the seafarer fails or refuses to undergo without delay an evidential breath test after having been required to do so by an enforcement officer under section 40I
b: the seafarer has undergone an evidential breath test under section 40I(4)
i: it appears to the officer that the test is positive; and
ii: within 10 minutes of being advised by an enforcement officer of the matters specified in section 40R(3)(a)
c: an evidential breath testing device is not readily available at the place to which the seafarer has accompanied an enforcement officer under section 40I
d: the officer has arrested the seafarer under section 40U sections 40C to 40E
i: a medical practitioner has examined the seafarer and believes that the seafarer may be under the influence of alcohol; or
ii: the seafarer has refused to be examined by a medical practitioner for the purposes of this paragraph.
2: An enforcement officer may exercise the powers in subsection (1) section 40H section 40I
3: A seafarer who has been required by an enforcement officer under subsection (1)
4: If it is not practicable for a blood specimen to be taken from a seafarer by a medical practitioner or medical officer at a place where the seafarer has been required under this section to permit the taking of a blood specimen, the seafarer must accompany an enforcement officer to any other place where it is likely that a blood specimen can be taken from the seafarer by a medical practitioner or medical officer if the officer requires the seafarer to do so.
5: If a blood specimen taken under this section is insufficient for the purposes of the relevant blood specimen collecting procedure,—
a: the seafarer from whom the specimen was taken must permit a medical practitioner or medical officer to take a further blood specimen immediately after being requested to do so by the medical practitioner or medical officer; and
b: a further blood specimen so taken is to be treated as part of the original blood specimen taken from the seafarer.
6: An enforcement officer may arrest a seafarer without warrant if the seafarer—
a: fails or refuses to accompany an enforcement officer to a place when required to do so under this section; or
b: having accompanied an enforcement officer to a place under this section, fails or refuses to remain at that place until requested by a medical practitioner or medical officer to permit a blood specimen to be taken under this section. 1998 No 110 s 72
40M: Who must give blood specimen in hospital or surgery
1: A person who is under examination, care, or treatment in a hospital or doctor's surgery must permit a blood specimen to be taken from the person by—
a: the medical practitioner who is in immediate charge of the examination, care, or treatment of the person; or
b: another medical practitioner or a medical officer.
2: If a person under examination, care, or treatment in a hospital or doctor's surgery is unconscious, a blood specimen may be taken from the person under this section by—
a: the medical practitioner who is in immediate charge of the examination, care, or treatment of the person; or
b: another medical practitioner or a medical officer.
3: Whether or not a person has consented to the taking of the specimen and whether or not the person is capable of giving consent, the medical practitioner who is in immediate charge of the examination, care, or treatment of the person in a hospital or doctor's surgery—
a: may take a blood specimen or cause a blood specimen to be taken by another medical practitioner or a medical officer; and
b: must either take a blood specimen or cause a blood specimen to be taken by another medical practitioner or a medical officer, if an enforcement officer requests him or her to do so.
4: If the specimen originally taken is insufficient for the purposes of the relevant blood specimen collecting procedure, the medical practitioner who is in immediate charge of the examination, care, or treatment of the person may take or cause to be taken by another medical practitioner or a medical officer a further blood specimen (which further specimen is for the purposes of this Part to be treated as a part of the original blood specimen taken from the person), whether or not the person has consented to the taking of the specimen and whether or not the person is capable of giving consent.
5: Despite subsections (1) to (4)
a: has reasonable grounds to suspect that the person—
i: is a seafarer; and
ii: is in the hospital or doctor's surgery as a result of—
A: an accident or incident involving the use of a ship:
B: an injury or a medical condition arising subsequent to an accident or incident involving the use of a ship; and
b: has examined the person and is satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and
c: tells the person (unless the person is unconscious) that the blood specimen is being or was taken under this section for evidential purposes.
6: If a blood specimen is taken under this section from a person who is unconscious, the medical practitioner or medical officer who took the specimen must notify the person in writing as soon as practicable that the specimen was taken under this section for evidential purposes.
7: No civil or criminal proceedings may be taken against the Crown, a district health board, or any other person in respect of the taking of a blood specimen under this section, or in respect of the sending of a blood specimen to an approved laboratory, on the ground of lack of consent of a person whose consent to the taking of the blood specimen would have been otherwise required by law if this section had not been enacted.
8: Nothing in subsection (7) 1998 No 110 s 73
40N: Procedure for dealing with blood specimens
1: A blood specimen taken under section 40L or 40M
2: In the case of a blood specimen taken under section 40L
3: In the case of a blood specimen taken under section 40M
a: within 7 days after the date on which the specimen was taken, deliver or cause to be delivered (whether by courier or otherwise), or post or cause to be posted by registered post, the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure; and
b: if, at the time the blood specimen is taken, there is more than 1 approved laboratory, give the Commissioner written notification of—
i: the approved laboratory to which the blood specimen was (or is being) delivered or posted; and
ii: the seafarer from whom the blood specimen was taken.
4: If a seafarer from whom a blood specimen was taken wishes to have the specimen analysed by a private analyst,—
a: the seafarer (or the seafarer's lawyer) may apply to the Commissioner in accordance with subsection (6)
b: if the application complies with subsection (6)
i: the Commissioner, or a person authorised for the purpose by the Commissioner, must forward a copy of the application to the approved laboratory to which the blood specimen taken from the seafarer was delivered or posted under subsection (2) or (3)
ii: that laboratory must send by registered post, personal delivery, or delivery by courier the blood specimen, held for the purpose, to the private analyst specified in the application.
5: If an application under subsection (4) subsection (6)
6: An application under subsection (4)(a)
a: be made in writing to the Commissioner not later than 28 days after—
i: the date on which a summons in respect of an offence against this Part (which offence is an offence arising out of the circumstances in respect of which the blood specimen was taken) is served on the defendant; or
ii: if the defendant is arrested under a warrant under section 34 of the Criminal Procedure Act 2011 in respect of any such offence, the date on which the defendant is arrested; or
iii: in any case to which subparagraph (i) or (ii)
b: state the full name, address, and occupation of the defendant and the date of the alleged offence; and
c: identify the private analyst to whom the part of the blood specimen is to be sent and the address of the private analyst.
7: A blood specimen sent to an approved laboratory under subsection (2) or (3) 1998 No 110 s 74
40O: Certificates in proceedings
1: Except as provided in section 40S subsection (5)
2: This section applies to a certificate purporting to be signed by a medical practitioner or medical officer and certifying that—
a: a specimen of venous blood was taken by the medical practitioner or medical officer in accordance with the blood specimen collecting procedure specified in the certificate from a person named in the certificate; and
b: for the purposes of the specified blood specimen collecting procedure,—
i: the specimen was sufficient; or
ii: the specimen was insufficient and the medical practitioner or medical officer took a further specimen; and
c: in accordance with the specified blood specimen collecting procedure, the medical practitioner or medical officer kept the specimen in the appropriate container or containers (as applicable); and
d: each container was received by the medical practitioner or medical officer in a sealed blood specimen collecting kit; and
e: the medical practitioner or medical officer handed each container to an enforcement officer named in the certificate.
3: This section also applies to a certificate purporting to be signed by a medical practitioner and certifying that—
a: the person named in the certificate was in a hospital or doctor's surgery; and
b: the medical practitioner, being a medical practitioner in immediate charge of the examination, care, or treatment of that person, took a blood specimen or caused a blood specimen to be taken by any other medical practitioner or any medical officer from the person under section 40M
c: the medical practitioner has reasonable grounds to suspect that the person—
i: is a seafarer; and
ii: was in the hospital or doctor's surgery as a result of—
A: an accident or incident involving a ship:
B: an injury or a medical condition arising subsequent to an accident or incident involving the use of a ship; and
d: before taking the blood specimen or causing the blood specimen to be taken from the person, the medical practitioner examined the person and was satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and
e: the medical practitioner—
i: told the person that the blood specimen was being or had been taken under section 40M
ii: if the person was unconscious when the specimen was taken, notified the person in writing as soon as practicable that the blood specimen was taken under section 40M
4: This section also applies to a certificate purporting to be signed by a medical practitioner or medical officer and certifying—
a: all the matters referred to in subsection (2)(a) to (d)
b: that the medical practitioner or medical officer sent or caused to be sent by registered post, personal delivery, or delivery by courier, on a specified date, the specimen to a specified approved laboratory in accordance with section 40N
c: that, if at the time the blood specimen was taken more than 1 approved laboratory existed, the medical practitioner or medical officer had notified the Commissioner in writing of the approved laboratory to which the specimen was delivered or posted.
5: This section also applies to a certificate purporting to be signed by an approved analyst and certifying that—
a: a blood specimen in a sealed container was, on a specified date, delivered to an approved analyst (or a person employed by an approved laboratory and approved for the purpose by an approved analyst) for analysis, and was delivered by registered post or personal delivery or delivery by courier; and
b: on analysis of the blood specimen by an analyst specified in the certificate, the presence or a specified proportion of alcohol was found in the specimen; and
c: no such deterioration or congealing of the specimen was found as would prevent a proper analysis.
6: This section also applies to a certificate purporting to be signed by an approved analyst and certifying that, following an application under section 40N
7: For the purposes of this section, it is not necessary for the person making a certificate to specify his or her entitlement to give the certificate if the certificate indicates that the person belongs to the general category of persons who may make the certificate. 1998 No 110 s 75
40P: Certificates of compliance for evidential breath-testing devices
1: An evidential breath-testing device must be supported by a certificate of compliance given under this section or section 75A of the Land Transport Act 1998 by a person authorised for the purpose by the Science Minister.
2: At any trial or defended hearing for an offence involving excess breath alcohol recorded by the device (being an offence committed on or after the commencement of this section), the prosecution must produce to the court a certified copy of the certificate of compliance, and the certificate must be provided by a person authorised for the purpose by the Commissioner and must state that the copy is a true copy of the original certificate.
3: Subject to subsection (4) subsection (2)
4: In the absence of proof to the contrary, a document purporting to be a certificate of compliance or a certified copy of a certificate of compliance—
a: must be treated as such a certificate or certified copy; and
b: is conclusive evidence of the sufficiency of the authority of the person who signed the document.
5: After consultation with the Minister and the Minister of Justice, the Minister of Police must, by notice in the Gazette
6: Without limiting subsection (5) subsection (5)
a: be, in the case of any kind of evidential breath-testing device approved after the commencement of this section, given in conjunction with the notice approving that kind of device:
b: specify the maximum period of service for the relevant kind of device, and must require a certificate of compliance to specify the date on which that period began or begins:
c: specify the maximum period permitted between the date on which a certificate of compliance is issued and the date by which a test result must be obtained, and must require a certificate of compliance to specify the date on which the certificate of compliance was issued:
d: require a certificate of compliance to include a statement to the effect that the device is being maintained in accordance with the manufacturer's specifications. 1998 No 110 s 75A
40Q: Presumptions relating to blood specimens
1: In proceedings for an offence against this Part, it is to be presumed, in the absence of proof to the contrary, that,—
a: if a certificate referred to in section 40P
b: every approved analyst who signed a certificate referred to in section 40O(5)
c: if the container in which a blood specimen (or part of a blood specimen) was placed was received by a medical practitioner or medical officer in a sealed blood specimen collecting kit, the container contained a substance (whether or not a combination or mixture of 2 or more substances) and that substance was a preservative and anti-coagulant.
2: On the request of a person from whom a blood specimen has been taken under section 40L or 40M subsection (1) 1998 No 110 s 76
40R: Presumptions relating to alcohol-testing
1: For the purposes of proceedings for an offence against this Part arising out of the circumstances in which an evidential breath test was undergone by the defendant, it is to be conclusively presumed that the proportion of alcohol in the defendant's breath at the time of the alleged offence was the same as the proportion of alcohol in the defendant's breath indicated by the test.
2: For the purposes of proceedings for an offence against this Part arising out of the circumstances in which a blood specimen was taken from the defendant under section 40L or 40M
3: Except as provided in subsection (4) sections 40C to 40E
a: the seafarer who underwent the test is not advised by an enforcement officer, without delay after the result of the test is ascertained, that the test was positive and that, if the seafarer does not request a blood test within 10 minutes, in the case of a positive test that indicates that the proportion of alcohol in the seafarer's breath exceeds 250 micrograms of alcohol per litre of breath, the test could of itself be conclusive evidence to lead to that seafarer's conviction for an offence against this Part; or
b: the seafarer who underwent the test—
i: advises an enforcement officer, within 10 minutes of being advised of the matters specified in paragraph (a)
ii: complies with section 40L(3)
4: Subsection (3)(a)
5: If it is proved in proceedings for an offence against section 40E section 40H, 40I, 40J, 40L, or 40M section 40L or 40M 1998 No 110 s 77
40S: Circumstances in which certificate not admissible in proceedings
1: A certificate referred to in section 40O(2), (3), or (4)
2: No certificate referred to in section 40O(5)
a: an application has been made in accordance with section 40N
b: the specimen has not been sent to the private analyst in compliance with the application.
3: However, subsection (2) section 40N(7)
4: No certificate referred to in section 40O(5) or (6)
a: in the case of a certificate referred to in section 40O(5)
b: in the case of a certificate referred to in section 40O(6)
5: The court may not make an order under subsection (4) section 40N
a: since the date given to the private analyst as the date on which application was made under section 40N
b: the blood specimen received by the private analyst relating to the defendant—
i: was not suitable for analysis; or
ii: was suitable for analysis but, for specified reasons, that analysis was not carried out; or
iii: was suitable for analysis and that analysis was carried out but, for specified reasons, the results of the analysis are not available; or
c: the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain not more than 50 milligrams of alcohol per 100 millilitres of blood; or
d: the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain 20 milligrams or more of alcohol per 100 millilitres of blood more or less than the proportion of alcohol per 100 millilitres of blood specified in the certificate referred to in section 40O(5)
6: If a blood specimen is destroyed in accordance with section 40N(7) 1998 No 110 s 79
40T: Power to stop and board ships
1: An enforcement officer who is in uniform, or wearing a distinctive cap, hat, or helmet with a badge of authority affixed to it, may signal or request the master or an officer of a ship to stop and bring the ship to for boarding as soon as is reasonably practicable if—
a: the enforcement officer has good cause to suspect that a seafarer on board the ship has recently committed an offence against section 40C
b: a safety, security, or environmental incident has occurred involving the use of the ship while the seafarer was performing designated safety, security, or marine environmental duties and the enforcement officer has good cause to suspect that alcohol was a contributing factor.
2: A ship that is stopped by an enforcement officer under subsection (1) 1998 No 110 s 114
40U: Arrest of seafarers for alcohol-related offences
An enforcement officer may arrest a seafarer without warrant if the officer has good cause to suspect that the seafarer has committed an offence against section 40D or 40E 1998 No 110 s 120
40V: Enforcement officer may prevent seafarers from returning to duty
1: An enforcement officer may exercise all or any of the powers conferred by subsection (2)
a: a seafarer, because of his or her physical or mental condition (however arising), is incapable of carrying out his or her duties properly; and
b: in all the circumstances, the direction or prohibition or action is necessary in the interests of the seafarer or of any other person or of the public.
2: The enforcement officer may—
a: forbid the seafarer to carry out his or her duties for such period as the enforcement officer specifies:
b: direct the seafarer to a specified place where the seafarer may rest:
c: take any steps that may be necessary to detain the ship or to remove it to a place where it does not constitute a hazard.
3: An enforcement officer may arrest without warrant any person who fails to comply with a direction given under this section or does or attempts to do any act that is for the time being forbidden under this section. 1998 No 110 s 121
40W: Evidential status of certain muster lists, or other official records, from ships
1: For the purposes of this Part, a muster list, or other official record, from a ship, that is certified by the ship's master or operator and that indicates that a seafarer was performing designated safety, security, or marine environmental duties at the time of an alleged offence against section 40C
2: No muster list or other official record referred to in subsection (1)
13: Section 43 amended (Suspension of maritime documents or imposition of conditions)
Replace section 43(3) and (4)
3: A suspension, or imposition of conditions, under subsection (1) or (2) remains in force until the earliest of the following:
a: the Director makes an adverse decision under section 51:
b: in the case of the imposition of conditions, the conditions no longer apply:
c: in the case of the absence of conditions, the close of the 14th day after the date of the suspension.
4: On the grounds set out in subsection (1), the Director may,—
a: despite subsection (3)(b)
i: impose, vary, or lift the condition; or
ii: extend the period during which the condition applies for a further specified period:
b: despite subsection (3)(c)
14: Section 47 amended (Exemption)
After section 47(2)(b)
ba: the risk of harm to the marine environment will not be significantly increased by the granting of the exemption; and .
15: Cross-heading above section 52 replaced
Replace the cross-heading above section 52 Suspension of persons from work .
16: Section 52 amended (Suspension from employment)
1: In the heading to section 52 employment work
2: In section 52(1) employment work
3: Replace section 52(2)
2: If the Director suspends any person under subsection (1), the suspension remains in force until the earlier of—
a: the close of the 14th day after the date of the imposition of the suspension; and
b: the date the Director notifies the person in accordance with subsection (2A)
2A: Before the expiry of the 14-day period referred to in subsection (2)
a: lift the suspension, with or without conditions, or extend the period of the suspension by a specified further period:
b: allow the person to return to work, subject to any conditions imposed by the Director, during the suspension or specified further period of suspension.
2B: If the Director proposes to suspend any person under subsection (1), the Director must give the person notice in accordance with section 51, which applies as if—
a: the proposed suspension were a proposed adverse decision under this Act; and
b: the reference to the person's right of appeal under section 424 were a reference to the person's right of appeal to the Maritime Appeal Authority continued by section 82.
4: In section 52(3) the re-employment of that person that person's return to work
17: Section 53 amended (Suspended persons not to be employed)
1: In the heading to section 53 to work or
2: In section 53(1) employ or engage
3: In section 53(2) for work or
18: Cross-heading above section 54 amended
In the cross-heading above section 54 Inspection , investigation
19: New section 54A inserted (Power of Director to investigate holder of maritime document)
After section 54
54A: Power of Director to investigate holder of maritime document
1: The Director may, in writing, require any holder of a maritime document to undergo an investigation if the Director—
a: has reasonable grounds to believe that an investigation is necessary in the interests of maritime safety; and
b: either—
i: believes that the maritime document holder has failed to comply with any conditions of a maritime document; or
ii: considers that the privileges or duties for which the maritime document has been granted are being carried out by the maritime document holder in a careless or incompetent manner.
2: If the Director requires a maritime document holder to undergo an investigation under subsection (1)
a: conclude the investigation as soon as practicable; and
b: inform the maritime document holder, in writing, of—
i: the date on which the investigation will begin; and
ii: the results of the investigation, including—
A: any recommendations arising out of the investigation; and
B: the grounds for those recommendations. 1990 No 98 s 15A .
20: New sections 67A and 67B inserted
After section 67
67A: Offence for submerged load lines
1: Every person commits an offence who allows a ship's load lines to be submerged—
a: when the ship proceeds to sea; or
b: during a voyage; or
c: on the ship's arrival into port.
2: A ship's load lines are submerged
a: the ship is in salt water and has no list and the appropriate load line on each side of the ship, as prescribed by the maritime rules, is submerged:
b: the appropriate load line on each side of the ship, as prescribed by maritime rules, would be submerged if the ship were in salt water and had no list.
3: Every person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in either case, to an additional penalty under section 409.
67B: Other offences
1: Subject to an exemption given under section 47, every person commits an offence who—
a: operates a ship without the prescribed number of seafarers or qualified personnel:
b: operates a ship outside its prescribed operating limits:
c: knowingly breaches any requirement specified in this Act or in regulations or rules made under this Act for the carriage of dangerous goods.
2: Every person who commits an offence against subsection (1)(a), (b), or (c)
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in either case, to an additional penalty under section 409.
21: New sections 69A and 69B inserted
After section 69
69A: Acting in breach of maritime documents
1: Every person who operates, maintains, or services a ship, or does any other act in respect of a ship commits an offence if the provisions and conditions of the appropriate maritime document are not complied with.
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in either case, to an additional penalty under section 409.
69B: Knowingly employing seafarers without maritime documents
1: Every person commits an offence who knowingly employs a seafarer who does not hold the appropriate maritime document.
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in either case, to an additional penalty under section 409.
22: Part 7 heading replaced
Replace the Part 7
7: Limitation of liability for maritime claims
.
23: Section 84 replaced (Interpretation)
Replace section 84
84: Interpretation
1: In this Part,— LLMC Convention Schedule 8 LLMC Protocol Schedule 9
2: In the LLMC Convention and LLMC Protocol, ship seagoing ship
a: means every description of vessel (including barges, lighters, and like vessels) used or intended to be used in navigation, however propelled; and
b: includes any structure (whether completed or not) launched and intended for use as a ship or part of a ship; and
c: includes any ship used by or set aside for the New Zealand Defence Force.
24: New section 84A inserted (LLMC Convention as amended by LLMC Protocol to have force of law)
After section 84
84A: LLMC Convention as amended by LLMC Protocol to have force of law
The provisions of the LLMC Convention as amended by the LLMC Protocol have the force of law in New Zealand.
25: Section 85 repealed (Persons entitled to limitation of liability under this Part)
Repeal section 85
26: Section 86 amended (Claims subject to limitation of liability)
1: Repeal section 86(1) and (2)
2: In section 86(3) under this Part under the LLMC Convention also
3: Repeal section 86(3)(a) and (b)
4: Replace section 86(4)
4: This Part
a: section 33J, 33K
b: anything in the Accident Compensation Act 2001, Parts 18 to 26A
27: Section 87 amended (Calculation of limits of liability)
1: Repeal section 87(1), (2), (3), (4), and (5)(a), (b), and (d)
2: In section 87(5) this section Articles 6 and 7 of the LLMC Convention
28: New section 87A inserted (Governor-General may notify amended limits)
After section 87
87A: Governor-General may notify amended limits
1: If the limits of liability specified in Article 6, 7, or 8 of the LLMC Convention (as amended by the LLMC Protocol) are amended in accordance with Article 8 of the LLMC Protocol, the Governor-General, may, by Order in Council, notify—
a: the new limits; and
b: the date from which those limits take effect in accordance with Article 8 of the LLMC Protocol.
2: The limits notified in accordance with subsection (1)
29: Section 88 amended (Units of account)
1: Repeal section 88(1)
2: In section 88(2) subsection (1)(b) paragraph 1 of Article 8 of the LLMC Convention
30: Sections 89 to 91 repealed
Repeal sections 89 90 91
31: Section 97 amended (Limitation of actions)
In section 97(7) 26 26A
32: Section 100 amended (Powers and duties of Director where ship or aircraft in distress)
In section 100(4) a Director the Director
33: Section 105 amended (Rules to be observed by person finding wreck)
In section 105(1)(a) and (b) must , as soon as is reasonably practicable after finding or taking possession of the wreck,
34: Cross-heading above section 191 replaced
Replace the cross-heading above section 191 Maritime levies .
35: Section 191 amended (Marine safety charges)
1: In the heading to section 191 Marine safety charges Maritime levies
2: Replace section 191(1) and (2)
1: The Governor-General may from time to time, by Order in Council, on the recommendation of the Minister, make regulations providing for the payment of maritime levies in respect of ships entering any port in New Zealand or operating in New Zealand waters and prescribing the amounts of those levies.
2: Maritime levies may provide funding for any or all of the following purposes:
a: to enable the provision of—
i: navigational aids other than those referred to in section 200(2):
ii: distress and safety radio services:
iii: marine safety information:
iv: other services related to the safety of shipping:
b: any services provided, or any regulatory services or activities undertaken, by the Authority, the Director, the Maritime Appeal Authority, or the Crown in the performance or exercise of functions, duties, or powers under this Act.
3: In section 191(3) marine safety charges levies
4: In section 191(3)(c) marine safety charge levy
5: After section 191(3)
3A: The Minister must not make a recommendation under subsection (1)
36: Sections 192 to 197 amended
1: In the headings to sections 192 to 195 197 marine safety charges maritime levies
2: Repeal section 192(1)
3: In sections 192 to 197 marine safety maritime
4: In sections 192 to 194 charges levies
5: In sections 195 to 197 charge levy
6: In the heading to section 196 marine safety charge maritime levy
37: Section 198 amended (Coastal shipping)
1: Replace section 198(1)(c) and (d)
c: a foreign ship—
i: that is passing through New Zealand waters while on a continuous journey from a foreign port to another foreign port, and is stopping in New Zealand to load or unload international cargo; and
ii: whose carriage of coastal cargo is incidental in relation to the carriage of the international cargo.
2: After section 198(1)
1A: A ship referred to in subsection (1)(c)
a: at a New Zealand port at which it loads or unloads international cargo; or
b: at a New Zealand port that it is scheduled to pass in the course of its continuous journey.
3: In section 198(2) described in paragraph (a), (b), (c), or (d) of subsection (1) specified in subsection (1)
4: In section 198(6) coastal cargo coastal cargo
a: passengers who initially board the ship at a New Zealand port for carriage to and final disembarking from that ship at another New Zealand port; or
b: goods initially loaded on the ship at a New Zealand port for carriage to and final unloading at another New Zealand port .
5: In section 198(6) continuous international cargo
a: passengers who initially board the ship at—
i: a foreign port for carriage to and disembarking at a New Zealand port; or
ii: a New Zealand port for carriage to and disembarking at a foreign port; and
b: goods initially loaded on the ship at—
i: a foreign port for carriage to and unloading at a New Zealand port; or
ii: a New Zealand port for carriage to and unloading at a foreign port; and
c: excludes coastal cargo New Zealand port .
38: Section 200 amended (Navigational aids)
After section 200(3)
3A: A regional council may erect, place, and maintain navigational aids in its region in accordance with section 33I
39: Section 200B amended (Special enforcement powers may be exercised when this section applies)
In section 200B(2)(f) navigation safety under the Local Government Act 1974 ensuring maritime safety under Part 3A
40: Section 201 amended (Regulations)
In section 201(1)(a) and (b) maritime rules , or breaches of navigation bylaws,
41: Section 222 amended (Interpretation)
1: In section 222(1) harbourmaster
2: In section 222(1) marine protection document section 363 or section 364 section 363 385H
3: In section 222(1) oil Parts 25 and 26 Parts 25, 26, and 26A
42: Section 230 amended (Notice of transfer of oil or noxious liquid substances to or from ships)
1: In section 230(a) internal waters or territorial sea internal waters, territorial sea, or exclusive economic zone
2: In section 230(b) internal waters or the territorial sea internal waters, territorial sea, or exclusive economic zone
43: New section 233A inserted (Power to prohibit transfer of oil or noxious liquid substance)
After section 233
233A: Power to prohibit transfer of oil or noxious liquid substance
1: The Director may prohibit the transfer of any oil or noxious liquid substance from or to any ship in the internal waters, the territorial sea, or the exclusive economic zone of New Zealand if the Director believes on reasonable grounds that the transfer will pose an unreasonable threat of harm to the marine environment.
2: The owner may appeal against a prohibition under subsection (1)
44: Section 241 amended (Failure to notify transfer of oil or noxious liquid substance from or to ships)
In section 241 internal waters or territorial sea internal waters, territorial sea, or exclusive economic zone
45: New section 242A inserted (Failure to comply with prohibitions)
After section 242
242A: Failure to comply with prohibitions
If, without reasonable excuse, any oil or noxious liquid substance is transferred to or from a ship in the internal waters, territorial sea, or exclusive economic zone of New Zealand contrary to any prohibition under section 233A
a: the master of the ship to or from which the oil or noxious liquid substance has been transferred:
b: the owner of the ship to or from which the oil or noxious liquid substance has been transferred:
c: the owner of any transfer facility to or from which the oil or noxious liquid substance has been transferred.
46: Section 245 amended (Penalties in respect of sections 240 and 241)
1: In the heading to section 245 240 and 241 240, 241, and 242A
2: In section 245 section 240 or section 241 section 240, 241, or 242A
47: Section 247 amended (Interpretation)
1: In section 247 hazardous ship or New Zealand continental waters and or in New Zealand continental waters, or on the high seas and
2: In section 247 harmful substance
a: any substance specified as a harmful substance for the purposes of section 225 by the marine protection rules:
b: any hazardous substance other than oil hazardous substance other than oil
a: means a substance—
i: contained in the list of substances that is annexed to the Intervention Protocol and amended from time to time by the International Maritime Organization; or
ii: that is likely to create hazards to human health, harm living resources and marine life, damage amenities, or interfere with other legitimate uses of the sea; and
b: includes a substance within the meaning of Article 2(a) or (b) of the Intervention Protocol that is specified in the marine protection rules as a hazardous substance other than oil Intervention Protocol .
48: Section 248 amended (Powers of Director in relation to hazardous ships)
After section 248(4)
5: For the purposes of this section, ship
49: Section 250 replaced (Exercise of power by Director)
Replace section 250
250: Exercise of power by Director
The Director must not issue any instructions, or take any measures, under section 248 or 249 unless the Director considers the issue of such instructions, or the taking of such measures, necessary to avoid, reduce, or remedy pollution, or a significant risk of pollution, by—
a: a hazardous substance other than oil; or
b: oil or any other harmful substance that is causing, will cause, or will be likely to cause serious harmful consequences to the marine environment or marine interests.
50: Section 254 amended (Instructions under this Part that conflict with other instructions)
In section 254(1) under the Local Government Act 1974 under Part 3A
51: Section 256 amended (Protection of Director and other persons)
After section 256(2)
3: Nothing in subsection (1) affects the liability of any person under section 344, 345, or 346.
52: Section 307 amended (Compensation payable where property requisitioned)
In section 307(3) section 356 section 385C
53: Section 308 amended (Compensation for loss or damage to personal property)
In section 308(3) section 356 section 385C
54: Section 342 amended (Interpretation)
1: In section 342 Civil Liability Convention Convention or CLC
2: In section 342 pollution damage damage or loss of any kind caused by or resulting from the escape or discharge of a harmful substance from a ship
3: In section 342 regulated offshore installation
4: In section 342 regulated ship regulated ship .
55: Section 347 amended (Maximum amount of liability of shipowners for pollution damage)
1: Replace the heading to section 347 Limits of liability of CLC shipowners for oil pollution damage
2: Replace section 347(1)(a)
a: oil is discharged or escapes, or there is a grave and imminent threat of discharge or escape of oil, from a CLC ship; and .
3: In section 347(1)(b) discharge, escape, or dumping discharge or escape
4: In section 347(5) effect affect
5: Replace section 347(6)
6: The liability limits for pollution damage, other than oil pollution damage from CLC ships, are specified in Part 7.
56: Sections 355 to 360 and cross-heading above section 355 repealed
Repeal sections 355 to 360
57: Section 362 repealed (Part 7 not to affect liability under this Part)
Repeal section 362
58: Section 364 repealed
Repeal section 364
59: Section 365 amended (Production of certificate of insurance)
In section 365 The master of a regulated oil tanker or regulated ship, in New Zealand marine waters, or the person in charge of the offshore installation, as the case may be, shall The master of a ship must
60: Section 366 amended (Rights of third parties against insurers of regulated oil tankers, regulated ships, and regulated offshore installations)
1: In the heading to section 366 regulated oil tankers, regulated ships, and regulated offshore installations regulated oil tankers and regulated ships
2: Replace section 366(1)
1: If the owner of any ship is alleged to have incurred liability under any or all of sections 344, 345, and 346, proceedings to enforce a claim in respect of that liability may be brought against the insurer.
3: In section 366(2) and (4) the regulated oil tanker, regulated ship, or regulated offshore installation, as the case may be, the ship
4: After section 366(4)
5: In this section, insurer
61: Section 367 replaced (Offences)
Replace section 367
367: Offences
1: The owner and the master of a ship each commits an offence and is liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding $200,000 if, without reasonable excuse, the ship enters or leaves, or attempts to enter or leave, a port in New Zealand or New Zealand marine waters in breach of section 363.
2: The master of a ship in New Zealand marine waters commits an offence and is liable to a fine not exceeding $10,000 if, without reasonable excuse, the ship fails to carry, or the master fails to produce, the certificate of insurance required to be carried under section 363.
3: The owner and the master of a New Zealand ship is liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding $200,000 if, without reasonable excuse, the ship enters or leaves a port outside New Zealand in breach of section 363.
62: New Part 26A inserted
After section 385
26A: Civil liability for pollution of marine environment from marine structures
385A: Interpretation
In this Part, unless the context otherwise requires,— harmful substance
a: any substance specified as a harmful substance for the purposes of section 225 by the marine protection rules; and
b: oil insurance marine agency marine structure oil pollution damage
a: includes the costs of any reasonable preventive measures taken to prevent or reduce pollution damage and any damage or loss occurring as a result of those measures; and
b: includes the costs of reasonable measures of reinstatement of the environment that are undertaken or to be undertaken; and
c: includes losses of profit from impairment of the environment; but
d: does not include any costs in relation to the impairment of the environment other than the costs referred to in paragraphs (b) and (c) port facility
a: a port; and
b: the buildings, installations, other structures, or equipment on or adjacent to a port and used in connection with the port's operation or administration regulated offshore installation
a: means an offshore installation within New Zealand continental waters; and
b: includes any pipeline connected to that installation. 1994 No 104 s 342
385B: Liability to the Crown and marine agencies for costs of cleaning up pollution
1: Subject to section 385E
a: a harmful substance that is discharged or escapes, or any waste or other matter that is dumped, from that marine operation or marine structure into the internal waters of New Zealand or into New Zealand continental waters or on to the beds below those internal or continental waters; or
b: a harmful substance, if that harmful substance poses a grave and imminent threat of being discharged or escaping from that marine operation or marine structure into the internal waters of New Zealand or into New Zealand continental waters or on to the beds below those internal or continental waters.
2: The amounts payable under subsection (1)
a: as a debt due to the Crown or the marine agency, as the case may be; and
b: only to the extent that those amounts have not otherwise been paid by the owner of the marine structure or the person in charge of that marine operation.
3: For the purposes of subsection (1) dealing with
a: removing, containing, and rendering harmless the harmful substance, or the waste or other matter, or doing any of those things; and
b: any reasonable measures taken to prevent or minimise the discharge or escape of a harmful substance. 1974 No 14 s 30; 1994 No 104 s 355 Liability for pollution from marine structures and operations
385C: Liability for pollution damage from marine structures and operations
1: Subject to sections 385D and 385E
a: all pollution damage in New Zealand or the internal waters of New Zealand or New Zealand continental waters or the beds below those internal or continental waters caused by—
i: a harmful substance that is discharged or escapes from that structure or operation; or
ii: any waste or other matter that is dumped from that structure or operation; and
b: the costs reasonably incurred for any reasonable preventive measures taken by the Crown (or marine agency) to eliminate or reduce a grave and imminent threat that a harmful substance may be discharged or escape from that structure or operation into the internal waters of New Zealand or into New Zealand continental waters or on to the beds below those internal or continental waters.
2: The recovery of costs by the Crown (or marine agency) under section 385B(1) subsection (1) section 385B(1) 1994 No 104 s 356
385D: Liability for unattributable pollution damage from marine structures and operations
1: Where the owner of a marine structure or the person in charge of any marine operations is liable in damages for pollution damage under section 385C section 385C section 385C
2: Any liability under subsection (1) section 385E 1994 No 104 s 357
385E: Defences in respect of liability for pollution damage from marine structures and operations
1: The owner of a marine structure, or the person in charge of any marine operations, is not liable under section 385B, 385C, or 385D
a: resulted from an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an exceptional, inevitable, and irresistible character; or
b: was wholly caused by the act or omission of a third person, other than the employee or agent of the owner or the person in charge, as the case may be, with intent to cause damage; or
c: was wholly caused by the negligence or other wrongful act of any government or other authority, or of any person, responsible for the maintenance of lights or other navigational aids in the performance of its functions in relation to those lights or aids.
2: The owner of a marine structure and the person in charge of marine operations is not liable to a claimant under section 385B, 385C, or 385D 1974 No 14 s 33(2), (3); 1994 No 104 s 358
385F: Reduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence
1: A court may reduce to such extent as it thinks just and equitable, the damages for which the owner of a marine structure, or the person in charge of any marine operations, is liable to a claimant under section 385C or 385D
2: For the purposes of subsection (1) claimant 1974 No 14 s 33(4); 1994 No 104 s 359
385G: Proceedings against third parties in respect of pollution damage from marine structures or operations
Where the owner of a marine structure or the person in charge of any marine operations avoids liability in damages for pollution damage under section 385C or 385D section 385E(1)(b) or (c) section 385E(1)(b) or (c) 1974 No 14 s 40(2); 1994 No 104 s 360
385H: Regulated offshore installations to have certificates of insurance
1: A current certificate of insurance issued, recognised, or accepted by the Director under section 270 or 271 is required to be for the time being in force in respect of every regulated offshore installation.
2: The Director may, in accordance with section 270 or 271, as the case may require, issue, recognise, or accept certificates of insurance in respect of a regulated offshore installation. 1994 No 104 ss 363, 364
385I: Production of certificate of insurance
The person in charge of a regulated offshore installation must produce any certificate of insurance required by section 385H 1974 No 14 s 37(6); 1994 No 104 s 365
385J: Rights of third parties against insurers of regulated offshore installations
1: Where the owner of a regulated offshore installation is alleged to have incurred liability under any of sections 385B, 385C, and 385D insurer section 385H
2: In proceedings brought against the insurer under this section, it is a defence, in addition to any defence under this Act affecting the owner’s liability, for the insurer to prove that the discharge or escape of a harmful substance, or the dumping of waste or other matter, giving rise to liability resulted from the wilful misconduct of the owner of the regulated offshore installation, but the insurer is not entitled to invoke any other defence that the insurer might have been entitled to invoke in any proceedings brought against the insurer by that owner.
3: Nothing in this section prejudices any claim, or the enforcement of any claim, by any person against the owner of a regulated offshore installation in respect of pollution damage. 1974 No 14 s 39; 1994 No 104 s 366
385K: Offence
The owner and person in charge of a regulated offshore installation each commits an offence and is liable to imprisonment for a term not exceeding 2 years or to a fine of $200,000 if, without reasonable excuse, a current certificate of insurance issued under the marine protection rules is not for the time being in force in respect of the regulated offshore installation. 1994 No 104 s 367(3) .
63: Section 387 amended (Marine protection rules relating to marine protection documents)
In section 387(4) section 363 or section 364 section 363 385H
64: Section 388 amended (Marine protection rules in relation to harmful and other substances)
After section 388(c)
ca: specifying the substances that are hazardous substances other than oil for the purposes of section 247: .
65: Section 390 amended (Marine protection rules in relation to marine oil spills and other matters)
1: In section 390(1)(c) section 363 or section 364 section 363 or 385H
2: In section 390(2) 26 26A
66: New section 390A inserted (Power of Governor-General to make marine protection rules)
After section 390
390A: Power of Governor-General to make marine protection rules
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make marine protection rules for any purpose for which the Minister may make marine protection rules under this Part.
2: An Order in Council made under subsection (1)
a: is a regulation or an instrument for the purposes of the Regulations (Disallowance) Act 1989; but
b: is not a regulation or an instrument for the purposes of the Acts and Regulations Publication Act 1989.
3: To avoid doubt,—
a: the Governor-General may amend or revoke any marine protection rule made by the Minister (as if the Governor-General had made the rule):
b: the Minister may amend or revoke any marine protection rule made by the Governor-General (as if the Minister had made the rule).
67: Section 395 amended (Exemptions)
1: In section 395(2)(a) marine protection
2: After section 395(2)(b)
ba: the risk to safety will not be significantly increased by the granting of the exemption; and .
68: Section 406 amended (Communicating false or insufficient information)
1: In the heading to section 406 false or insufficient fraudulent, misleading, or false
2: In section 406(a) false fraudulent, misleading, or false
69: Section 407 amended (Penalties)
1: In section 407(3)(a) $5,000 $10,000
2: In section 407(3)(b) $30,000 $50,000
70: Section 409 amended (Additional penalty for offence involving commercial gain)
In section 409(1) section 64 or section 65 or section 68 or section 70 or section 237 or section 238 or section 263 or section 264 or section 277 or section 278 or section 400 section 33F, 33T, 33V 67A, 67B, 69A, 69B,
71: Section 411 amended (Limitation of proceedings)
In section 411(1) and (2) 6 months 12 months
72: Section 423 amended (Infringement notices)
1: Replace section 423(1)
1: The Director, any person duly authorised by the Director, any harbourmaster, or any enforcement officer appointed under section 33G
a: observes the person committing an infringement offence; or
b: has reasonable cause to believe the person is committing or has committed an infringement offence.
2: In section 423(1A) a constable, a harbourmaster,
73: Section 425 amended (Procedure)
In section 425(2)(b)(i) and (ii) the Authority or the Director the Authority, the Director, or the harbourmaster
74: Section 426 amended (Decision of Director to continue in force pending appeal)
1: In the heading to section 426 Director Director or harbourmaster
2: In section 426(1) the Director the Director or the harbourmaster
75: Section 429 amended (Maritime New Zealand continued)
In section 429(1) to be known as the known as
76: Section 445 amended (Regulations for fees and charges)
1: In section 445(3)(d)
a: replace providing provide
b: replace enabling enable
2: In section 445(3)(e) fixing, or enabling fix, or allow
3: In section 445(3)(f) providing, or enabling provide for, or allow
4: In section 445(3)(g) prescribing prescribe
77: New section 445A inserted (Text of certain marine protection conventions)
After section 445
445A: Text of certain marine protection conventions
The Governor-General may by Order in Council—
a: set out the English texts of the following agreements as adopted by New Zealand:
i: International Convention on Civil Liability for Bunker Oil Pollution Damage done at London on 23 March 2001 ( Bunker Oil Convention
ii: International Convention on Civil Liability for Oil Pollution Damage done at Brussels on 29 November 1969 ( CLC Convention
iii: International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties done at Brussels on 29 November 1969 ( Intervention Convention
iv: Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil done at London on 2 November 1973 ( Intervention Protocol
b: keep the texts of those agreements up to date.
78: Section 446 amended (Procedure for making of rules by Minister)
Replace section 446(a)
a: publish a notice of his or her intention to make the rule in the Gazette .
79: New section 446A inserted (Procedure for making of rules by Governor-General)
After section 446
446A: Procedure for making of rules by Governor-General
Before recommending the making of any rule under this Act by the Governor-General, the Minister must have regard to the matters set out in section 39(2).
80: Section 448 amended (Provisions in respect of rules generally)
1: Replace section 448(1)(a)
a: be signed by the Minister, Governor-General, or Director (as appropriate); and .
2: Repeal section 448(3)
81: Section 451 amended (Further general provisions in respect of rules)
1: In section 451(1) maritime related maritime-related
2: Replace section 451(2)
2: Any rule made under this Act may apply—
a: generally throughout New Zealand, New Zealand waters, or New Zealand continental waters (as defined in section 222(1)):
b: within any specified part or parts of New Zealand, New Zealand waters, or New Zealand continental waters:
c: in respect of New Zealand ships, wherever they may be.
2A: Except as otherwise expressly provided, where a rule applies to ships, it applies to New Zealand ships wherever they may be.
3: Replace section 451(4)
4: A rule made under this Act may—
a: require or provide for a matter to be determined, undertaken, or approved by the Authority, the Director, or any other person; and
b: empower the Agency, the Director, or any other person to impose requirements or conditions as to the performance of an activity or activities.
4: After section 451(5)
5A: A rule made by the Governor-General under this Act is a legislative instrument for the purposes of the Legislation Act 2012.
5: In section 451(6) A rule Any other rule
82: Section 452 replaced (Incorporation in rules of material by reference)
Replace section 452
452: Incorporation by reference
1: The following, whether in written or electronic form, may be incorporated by reference in a rule made by the Minister, the Governor-General, or the Director:
a: standards, requirements, or recommended practices of an international or national organisation:
b: standards, requirements, or rules in force in any other jurisdiction:
c: standards, requirements, or rules—
i: of any classification society or similar organisation; or
ii: of any maritime sporting or maritime recreational organisation; or
iii: of Standards New Zealand, or a body or organisation outside New Zealand that has functions corresponding to the functions of the New Zealand Standards Council; or
iv: of a specialist body or organisation:
d: any other material or document that, in the opinion of the Minister or the Director, is too large or impractical to be printed as part of the rule.
2: Material may be incorporated by reference in a rule—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the rule.
3: A copy of any material incorporated by reference in rules, including any amendment to, or replacement of, the material, must be—
a: certified as a correct copy of the material by the Minister or the Director (as the case may be); and
b: retained by the Authority.
4: Any material incorporated in a rule by reference under subsection (1) subsection (1) subsections (5) and (6)
5: All material incorporated by reference under subsection (1) or (2)
6: The Authority must give notice in the Gazette
a: that the material is incorporated in the rule and the date on which the rule was made; and
b: that the material is available for inspection during working hours, free of charge; and
c: the place where the material can be inspected; and
d: that copies of the material can be purchased; and
e: the place where, or the person from whom, the material can be purchased; and
f: if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
7: Part 2 of the Legislation Act 2012 does not apply to material incorporated by reference in a rule or to an amendment to, or a replacement of, that material.
8: Nothing in section 41 of the Legislation Act 2012 requires material that is incorporated by reference in a rule to be presented to the House of Representatives.
9: Subsections (1) to (8) 1990 No 98 s 36 .
83: Section 468 amended (Savings relating to Shipping and Seamen Act 1952)
After section 468(9)
9A: A person who is deemed to be suspended under subsection (9) may apply to the Director for a direction lifting the suspension on the ground that—
a: the suspension under section 40A of the Shipping and Seamen Act 1952 is no longer relevant; or
b: it would be unduly harsh that the person remain suspended under section 43 or 52 of this Act.
9B: If an application is made under subsection (9A)
a: direct that the suspension be lifted, in which case section 43 or 52 no longer applies to that person; or
b: decline to lift the suspension, in which case section 43 or 52 (including any relevant right of appeal) continues to apply to that person.
84: New Schedules 8 and 9 inserted
After Schedule 7 Schedules 8 and 9 Schedule 1 Repeals and revocations
85: Amendments to Local Government Act 1974
1: This section amends the Local Government Act 1974
2: Repeal—
a: Parts 39A 43
b: sections 699A to 699D 2013-10-23 Local Government Act 1974 See s 87 & s 88 for savings provisions
86: Revocation of Maritime Transport (Certificates of Insurance) Regulations 2005
Revoke the Maritime Transport (Certificates of Insurance) Regulations 2005 2013-10-23 Maritime Transport (Certificates of Insurance) Regulations 2005 See s 89 for savings provisions Transitional and savings provisions
87: Savings provisions relating to Local Government Act 1974
1: All regulations and bylaws, liability for fees, charges, or expenses, appointments, notices, directions, delegations, transfers, agreements, leases, licences, instruments, rights, other liabilities, and other acts of authority that originated under Part 39A Part 43 section 699A 699B 699C 699D section 85 Maritime Transport Act 1994
2: All matters, proceedings, actions, and investigations under Part 39A Part 43 section 699A 699B 699C 699D section 85
3: Without limiting subsection (1) section 201(1)(b)
a: Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004
b: Local Government (Infringement Fees for Offences: Auckland Regional Council Navigation Safety Bylaw 2008) Regulations 2009
c: Local Government (Infringement Fees for Offences: Bay of Plenty Regional Navigation Safety Bylaw 2010) Regulations 2010
d: Local Government (Infringement Fees for Offences: Central Otago District Council Lake Dunstan Navigation Safety Bylaws 2006) Regulations 2010
e: Local Government (Infringement Fees for Offences—Environment Canterbury Navigation Safety Bylaws 2010) Regulations 2011
f: Local Government (Infringement Fees for Offences: Gisborne District Navigation and Safety Bylaw) Regulations 2004
g: Local Government (Infringement Fees for Offences: Hawke's Bay Regional Council Navigation Safety Bylaws) Regulations 2012
h: Local Government (Infringement Fees for Offences—Lake Taupo Navigation Safety Bylaw) Regulations 2010
i: Local Government (Infringement Fees for Offences: Manawatu River and Tributaries Navigation and Safety Bylaw 2010) Regulations 2010
j: Local Government (Infringement Fees for Offences—Marlborough District Council Navigation Bylaw 2009) Regulations 2011
k: Local Government (Infringement Fees for Offences—Navigation Bylaws for Port Taranaki and its Approaches 2009) Regulations 2012
l: Local Government (Infringement Fees for Offences: Northland Regional Council Navigation Safety Bylaw 2012) Regulations 2012
m: Local Government (Infringement Fees for Offences: Queenstown Lakes District Council (Shotover River) Bylaw 2009) Regulations 2009
n: Local Government (Infringement Fees for Offences: Queenstown Lakes District Navigation Safety Bylaw 2009) Regulations 2009
o: Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009
p: Local Government (Infringement Fees for Offences: Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety) Regulations 2007
q: Local Government (Infringement Fees for Offences: Waikato Regional Council Navigation Safety Bylaw) Regulations 2006
r: Local Government (Infringement Fees for Offences: Wellington Regional Navigation and Safety Bylaws) Regulations 2006
88: Conflicts between existing navigation bylaws and existing maritime rules
Any provision in a navigation bylaw that was made under Part 43 section 85 Maritime Transport Act 1994
89: Marine Safety Charges Regulations 2000
The Marine Safety Charges Regulations 2000 section 191 Consequential amendments
90: Consequential amendments
Amend the enactments listed in Schedule 2 2013-10-23 Litter Act 1979 Local Government Act 2002 Marine and Coastal Area (Takutai Moana) Act 2011 Maritime Security Act 2004 Te Arawa Lakes Settlement Act 2006 Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004 Local Government (Infringement Fees for Offences: Queenstown Lakes District Navigation Safety Bylaw 2009) Regulations 2009 Marine Safety Charges Regulations 2000 Lake Taupo Navigation Safety Bylaw 2010 Amendments to come into force by Order in Council
91: Section 222 amended (Interpretation)
In section 222(1) marine protection document section 363 or 385H section 363, 363A, or 385H
92: Section 342 amended (Interpretation)
1: In section 342 bunker oil
a: any hydrocarbon mineral oil used, or intended to be used, for the operation or propulsion of a ship; and
b: any residues of that oil Bunker Oil Convention
a: means the International Convention on Civil Liability for Bunker Oil Pollution Damage done at London on 23 March 2001; and
b: includes any subsequent protocol or amendment to, or revision of, that convention accepted or ratified by New Zealand Bunker Oil Convention ship Bunker Oil Convention State .
2: In section 342 harmful substance harmful substance
a: any substance specified as a harmful substance for the purposes of section 225 by the marine protection rules:
b: oil:
c: bunker oil .
93: Section 354 replaced (Ships owned by CLC State)
Replace section 354
354: Ships owned by Convention States
1: In any action under section 345 or 346 for damages for pollution damage in respect of a ship owned by a convention State, that State is to be taken to have waived any defence based on its status as a sovereign State, and to have submitted to the jurisdiction of the court, if the State is—
a: a CLC State and the pollution damage is in respect of the discharge or escape of oil:
b: a Bunker Oil Convention State and the pollution damage is in respect of the discharge or escape of bunker oil.
2: This section does not permit enforcement against the property of any convention State.
94: Section 361 amended (Time for bringing proceedings)
In section 361 CLC ship , or in respect of the discharge or escape of bunker oil from a Bunker Oil Convention ship,
95: New section 363A inserted (Certain ships to have bunker oil certificates of insurance)
After section 363
363A: Certain ships to have bunker oil certificates of insurance
1: This section applies to—
a: every ship of 1 000 gross tonnage or more that is entering or leaving a port in New Zealand or New Zealand marine waters:
b: every New Zealand ship of 1 000 gross tonnage or more, wherever it may be.
2: The owner must ensure that there is for the time being in force in respect of the ship, and carried on board the ship, a certificate of insurance—
a: issued, recognised, or accepted by the Director under section 270 or 271:
b: confirming that the owner has provided evidence that there is insurance or other financial security covering the owner's liability under the Bunker Oil Convention.
96: Section 366 amended (Rights of third parties against insurers of regulated oil tankers and regulated ships)
In section 366(5) section 363 section 363 or 363A
97: Section 367 amended (Offences)
In section 367(1), (2), and (3) section 363 section 363 or 363A
98: Section 387 amended (Marine protection rules relating to marine protection documents)
In section 387(4) section 363 or 385H section 363, 363A, or 385H
99: Section 390 amended (Marine protection rules in relation to marine oil spills and other matters)
In section 390(1)(c) section 363 or 385H section 363, 363A, or 385H
100: Consequential amendments
Amend the enactments listed in Schedule 3 |
DLM5138003 | 2013 | Continental Shelf Amendment Act 2013 | 1: Title
This Act is the Continental Shelf Amendment Act 2013.
2: Commencement
This Act comes into force on the earlier of the following:
a: the date appointed by the Governor-General by Order in Council:
b: the date that is 2 years after the date on which the Act receives the Royal assent. Section 2(a): this Act brought into force 24 May 2013 Continental Shelf Amendment Act 2013 Commencement Order 2013
3: Principal Act
This Act amends the Continental Shelf Act 1964 principal Act OIC SR 2013/122 2013-05-24 Continental Shelf Act 1964 This Act comes into force on the earlier of the following: the date appointed by the Governor-General by Order in Council: OR the date that is 2 years after the date on which the Act receives the Royal assent. (Brought into force by pco 17442 SR 2013/122 — Doreen).
4: Section 4 amended (Mining for petroleum on continental shelf)
In section 4(1)(c) 2(2) 2A
5: Section 5 amended (Mining for minerals on continental shelf)
After section 5(7)
8: No licence may be granted under this section after the commencement of section 5AA clause 5 of Schedule 1 subclause (1)
9: A person granted a licence to prospect for minerals under this section before the commencement of section 5AA may apply for a subsequent exploration or mining permit in accordance with section 32 of the Crown Minerals Act 1991 as if the licence to prospect were a prospecting permit or exploration permit granted under that Act by operation of section 5AA.
6: New section 5AA inserted (Mining for minerals on continental shelf on or after commencement of this section)
After section 5
5AA: Mining for minerals on continental shelf on or after commencement of this section
From the commencement of this section, the Crown Minerals Act 1991 (except section 10) and any regulations made under that Act, as far as they are applicable and with any necessary modifications, apply to minerals other than petroleum in the seabed or subsoil of the continental shelf as if—
a: every reference in that Act or those regulations to land included a reference to the seabed (including, where necessary, the subsoil) of the continental shelf; and
b: every reference in that Act or those regulations to New Zealand included a reference to the continental shelf; and
c: the Minister of Transport were the appropriate Minister for the purposes of section 2A
7: Section 5A amended (Payments and contributions with respect to exploitation of continental shelf beyond 200 nautical miles)
1: In section 5A(1)(b) measured ; and
2: After section 5A(1)(b)
c: every permit granted under section 25 |
DLM5464202 | 2013 | Local Government Official Information and Meetings Amendment Act 2013 | 1: Title
This Act is the Local Government Official Information and Meetings Amendment Act 2013.
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 2013-09-04 Local Government Official Information and Meetings Act 1987
4: Section 45 amended (Interpretation)
After section 45(1)
1A: Despite subsection (1), meeting
5: New section 45A inserted (Application of this Part to certain local authorities)
After section 45
45A: Application of this Part to certain local authorities
The only provisions of this Part that apply to the following local authorities are sections 48 and 53:
a: a board of inquiry given authority to conduct hearings under section 149J of the Resource Management Act 1991; and
b: a special tribunal given authority to conduct hearings under section 202 of the Resource Management Act 1991.
6: New section 59 inserted (Transitional provisions for amendments made on or after commencement of Local Government Official Information and Meetings Amendment Act 2013)
After section 58
59: Transitional provisions for amendments made on or after commencement of Local Government Official Information and Meetings Amendment Act 2013
1: The transitional provisions set out in Schedule 6
2: The provisions relate to amendments made to this Act on or after the commencement of the Local Government Official Information and Meetings Amendment Act 2013
7: New Schedule 6 inserted
After Schedule 5 Schedule 6 Schedule |
DLM5177900 | 2013 | Telecommunications (Interception Capability and Security) Act 2013 | 1: Title
This Act is the Telecommunications (Interception Capability and Security) Act 2013.
2: Commencement
1: Part 1 subpart 4 subparts 1 2 7 8
2: The rest of this Act comes into force on the date that is 6 months after the date on which this Act receives the Royal assent.
1: Preliminary provisions
General
3: Interpretation
1: In this Act, unless the context otherwise requires,— annual update section 69 applicant section 61 authorised person call associated data
a: means information—
i: that is generated as a result of the making of the telecommunication (whether or not the telecommunication is sent or received successfully); and
ii: that identifies the origin, direction, destination, or termination of the telecommunication; and
b: includes, without limitation, any of the following information:
i: the number from which the telecommunication originates:
ii: the number to which the telecommunication is sent:
iii: if the telecommunication is diverted from one number to another number, those numbers:
iv: the time at which the telecommunication is sent:
v: the duration of the telecommunication:
vi: if the telecommunication is generated from a mobile telephone, the point at which the telecommunication first enters a network; but
c: does not include the content of the telecommunication chief executive classified information
a: is of a kind specified in any of paragraphs (a) to (c) of section 102(2)
b: the disclosure of which would be likely to do any of the things specified in paragraphs (a) to (d) of section 102(3) compliance order section 92 customer designated officer section 72 Director documents subpart 4 section 4(1) end-user equipment Parts 2 3 full interception capability section 10 information subpart 4 infrastructure-level service intelligence and security agency
a: the New Zealand Security Intelligence Service; or
b: the Government Communications Security Bureau intercept
a: while it is taking place on a telecommunications network; or
b: while it is in transit on a telecommunications network intercept accessible section 12 intercept ready section 11 interception warrant
a: a warrant issued under section 53
b: an intelligence warrant issued under Part 4 law enforcement agency
a: the New Zealand Police; or
b: a specified law enforcement agency within the meaning of section 50 Minister Minister for Communications and Information Technology Minister responsible for the Government Communications Security Bureau of the Government Communications Security Bureau Minister of Trade national security network network operations centre network operator
a: a person who owns, controls, or operates a public telecommunications network; or
b: a person who supplies (whether by wholesale or retail) another person with the capability to provide a telecommunications service network security risk
a: the design, build, or operation of a public telecommunications network; or
b: any interconnection to or between public telecommunications networks in New Zealand or with telecommunications networks overseas number
a: means the address used by a network operator or a telecommunications service for the purposes of—
i: directing a telecommunication to its intended destination; and
ii: identifying the origin of a telecommunication; and
b: includes, without limitation, any of the following:
i: a telephone number:
ii: a mobile telephone number:
iii: a unique identifier for a telecommunication device (for example, an electronic serial number or a Media Access Control address):
iv: a user account identifier:
v: an Internet Protocol address:
vi: an email address other lawful interception authority
a: means an authorisation issued under Part 4 section 47
b: includes an authority to intercept a private communication (whether in an urgent or emergency situation or otherwise) that is granted or issued to any member of a surveillance agency under any other enactment outsourcing arrangement public data network
a: means a data network used, or intended for use, in whole or in part, by the public; and
b: includes, without limitation, the following facilities:
i: Internet access; and
ii: email access public switched telephone network public telecommunications network
a: a public switched telephone network; and
b: a public data network purely resold telecommunications service
a: that is supplied or provided to a network operator ( A
b: that (A) resells, supplies, or provides to another person without making any technical modification to that service register section 63 Registrar section 73 responsible Ministers
a: the Minister in charge of the New Zealand Security Intelligence Service; and
b: the Minister responsible for the Government Communications Security Bureau; and
c: the Minister of Police security risk service provider
a: means any person who, from within or outside New Zealand, provides or makes available in New Zealand a telecommunications service to an end-user (whether or not as part of a business undertaking and regardless of the nature of that business undertaking); but
b: does not include a network operator significant network security risk surveillance agency
a: a law enforcement agency; or
b: an intelligence and security agency telecommunication
a: means the conveyance by electromagnetic means from one device to another of any encrypted or non-encrypted sign, signal, impulse, writing, image, sound, instruction, information, or intelligence of any nature, whether for the information of any person using the device or not; but
b: does not include any conveyance that constitutes broadcasting (within the meaning of section 2(1) telecommunication device
a: means any terminal device capable of being used for transmitting or receiving a telecommunication over a network; and
b: includes a telephone device telecommunication link telecommunications service telephone device wholesale network service
a: is provided by a network operator ( network operator A
b: is provided exclusively over 1 or more networks that are owned, controlled, or operated by network operator A.
2: Section 3(1) Director replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 3(1) interception warrant replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 3(1) Minister responsible for the Government Communications Security Bureau amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 3(1) network inserted 13 November 2018 section 40 Telecommunications (New Regulatory Framework) Amendment Act 2018 Section 3(1) other lawful interception authority replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 3(1) telecommunication inserted 13 November 2018 section 40 Telecommunications (New Regulatory Framework) Amendment Act 2018 Section 3(1) telecommunication link inserted 13 November 2018 section 40 Telecommunications (New Regulatory Framework) Amendment Act 2018 Section 3(1) telecommunications service inserted 13 November 2018 section 40 Telecommunications (New Regulatory Framework) Amendment Act 2018 Section 3(1) telephone device inserted 13 November 2018 section 40 Telecommunications (New Regulatory Framework) Amendment Act 2018 Section 3(2) repealed 13 November 2018 section 40 Telecommunications (New Regulatory Framework) Amendment Act 2018
4: Act binds the Crown
This Act binds the Crown. Purposes and principles
5: Purpose of this Act relating to interception capability
The purpose of this Act in relation to interception capability is to—
a: ensure that surveillance agencies are able to effectively carry out the lawful interception of telecommunications under an interception warrant or any other lawful interception authority; and
b: ensure that surveillance agencies, in obtaining assistance for the interception of telecommunications, do not create barriers to the introduction of new or innovative telecommunications technologies; and
c: ensure that network operators and service providers have the freedom to choose system design features and specifications that are appropriate for their own purposes.
6: Principles relating to interception capability
The following principles must be applied by persons who exercise powers and carry out duties under this Act in relation to interception capability, if those principles are relevant to those powers or duties:
a: the principle that the privacy of telecommunications that are not subject to an interception warrant or any other lawful interception authority must be maintained to the extent provided for in law:
b: the principle that the interception of telecommunications, when authorised under an interception warrant or any other lawful interception authority, must be carried out without unduly interfering with any telecommunications.
7: Purpose of this Act relating to network security
The purpose of this Act in relation to network security is to prevent, sufficiently mitigate, or remove security risks arising from—
a: the design, build, or operation of public telecommunications networks; and
b: interconnections to or between public telecommunications networks in New Zealand or with networks overseas.
8: Principles relating to network security
1: The following principles must, as far as practicable, be applied by the Director and each network operator in relation to network security risks:
a: the principle that network security risks that might arise from a proposed decision, course of action, or change if implemented should be identified and addressed as early as possible:
b: the principle that the Director and each network operator should work co-operatively and collaboratively with each other in relation to the principle in paragraph (a).
2: The Director is subject to the principle that any decision or steps required of the Director for the purpose of exercising any function or power under Part 3
3: The Minister responsible for the Government Communications Security Bureau must, when making any decision or exercising any function or power under Part 3
4: The principle that the decision or exercise of the function or power should be proportionate to the network security risk.
5: In subsection (4), a decision or an exercise of a function or power is proportionate to the network security risk if the Minister is satisfied that it does not impose costs on network operators, customers, or end-users beyond those reasonably required to enable the network security risk to be prevented, sufficiently mitigated, or removed.
2: Interception capability duties
1: Duty to have full interception capability
9: Network operators must ensure public telecommunications networks and telecommunications services have full interception capability
1: A network operator must ensure that every public telecommunications network that the operator owns, controls, or operates, and every telecommunications service that the operator provides in New Zealand, has full interception capability.
2: However, subsection (1)—
a: does not require a network operator to ensure that all components of the public telecommunications network or telecommunications service referred to in that subsection have full interception capability; and
b: is sufficiently complied with if a network operator ensures, in whatever manner the network operator thinks fit, that at least 1 component of that network or service has full interception capability.
3: Without limiting subsection (1), the duty under that subsection to have full interception capability includes the duty to ensure that the interception capability is developed, installed, and maintained.
10: When duty to have full interception capability is complied with
1: A public telecommunications network or a telecommunications service has full interception capability if every surveillance agency that is authorised under an interception warrant or any other lawful interception authority to intercept telecommunications or services on that network, or the network operator concerned, is able to—
a: identify and intercept telecommunications without intercepting telecommunications that are not authorised to be intercepted under the warrant or lawful authority; and
b: obtain call associated data relating to telecommunications (other than telecommunications that are not authorised to be intercepted under the warrant or lawful authority); and
c: obtain call associated data and the content of telecommunications (other than telecommunications that are not authorised to be intercepted under the warrant or lawful authority) in a useable format; and
d: carry out the interception of telecommunications unobtrusively, without unduly interfering with any telecommunications, and in a manner that protects the privacy of telecommunications that are not authorised to be intercepted under the warrant or lawful authority; and
e: undertake the actions referred to in paragraphs (a) to (d) efficiently and effectively and,—
i: if it is reasonably achievable, at the time of transmission of the telecommunication; or
ii: if it is not reasonably achievable, as close as practicable to that time.
2: If a network operator, or an employee or agent of a network operator, undertakes the interception of a telecommunication on behalf of a surveillance agency under subsection (1), the interception must be taken to be complete when the network operator provides the call associated data or the content of the telecommunication, or both, to the surveillance agency.
3: A network operator must, in order to comply with subsection (1)(c), decrypt a telecommunication on that operator's public telecommunications network or telecommunications service if—
a: the content of that telecommunication has been encrypted; and
b: the network operator intercepting the telecommunication has provided that encryption.
4: However, subsection (3) does not require a network operator to—
a: decrypt any telecommunication on that operator's public telecommunications network or telecommunications service if the encryption has been provided by means of a product that is—
i: supplied by a person other than the operator and is available to the public; or
ii: supplied by the operator as an agent for that product; and
b: ensure that a surveillance agency has the ability to decrypt any telecommunication.
5: In subsection (1)(c), useable format
a: a format that is determined by a notice issued under section 42
b: a format that is acceptable to the network operator and the surveillance agency executing the interception warrant or other lawful interception authority.
2: Reduced duties
Preliminary
11: Interception ready
1: A network operator that is required by or under this subpart to ensure that a network or service is intercept ready—
a: must pre-deploy access points at suitable and sufficient concentration points on the network or service to allow an interception warrant or any other lawful interception authority relating to any of its customers to be given effect:
b: must reserve 1 or more network interfaces (that is, delivery ports) to which interception equipment can connect in order to deliver intercepted telecommunications to the surveillance agency; and
c: must reserve, for each reserved interface referred to in paragraph (b), sufficient bandwidth to deliver intercepted telecommunications content and call associated data to the relevant surveillance agency; and
d: when presented with an interception warrant or any other lawful interception authority must, free of charge,—
i: provide a suitable access point in its public telecommunications network or service for interception equipment:
ii: co-operate with authorised persons and allow them access to its premises:
iii: provide sufficient environmentally controlled space to house the interception equipment or provide sufficient backhaul to a suitable location where the equipment can be housed:
e: must, when compliance with the Act is required to be tested, comply with paragraphs (a) to (d).
2: A network operator referred to in section 13 14 section 115
12: Interception accessible
A network operator that is required by or under this subpart to ensure that a network or service is intercept accessible must, when presented with an interception warrant or any other lawful interception authority, be willing and able to—
a: provide a suitable access point in its public telecommunications network or service for interception equipment:
b: co-operate with authorised persons and allow them access to its premises:
c: provide sufficient environmentally controlled space to house the interception equipment or provide sufficient backhaul to a suitable location where the equipment can be housed. Lower-level compliance duties
13: Network operators with fewer than 4 000 customers
1: Subsection (2) applies if—
a: a network operator makes and keeps a record of the number of customers it has each month; and
b: the network operator has an average of less than 4 000 customers over a 6-month period; and
c: the network operator has made and kept the record referred to in paragraph (a) for each month of the 6-month period referred to in paragraph (b); and
d: the network operator has notified the Registrar within 10 days after the last day of the 6-month period referred to in paragraph (b) of the matters described in paragraphs (b) and (c).
2: If this section applies, the network operator—
a: does not have to comply with sections 9 10
b: must instead ensure that every public telecommunications network that the operator owns, controls, or operates, and every telecommunications service that the operator provides in New Zealand is intercept ready at all times.
3: Subsection (2) continues to apply to the network operator as long as the network operator—
a: continues to make and keep a record of the number of customers it has each month; and
b: continues to maintain an average of less than 4 000 customers per month over each successive 6-month period.
4: If the network operator referred to in subsection (2) subsequently has an average of 4 000 or more customers over a 6-month period ( disqualifying 6 months
a: the exemption in subsection (2)(a) ceases to have effect on the date that is 6 months after the disqualifying 6 months; and
b: the network operator must comply with subsection (2)(b) until the date that the exemption ceases to have effect.
5: This section is subject to section 19
6: The record referred to in subsection (1)(a) must be made on the same working day of each month (or the next available working day, if that is not practicable).
14: Infrastructure-level services
1: A network operator does not have to comply with sections 9 10
2: This section is subject to section 19
15: Wholesale network services
1: A network operator does not have to comply with sections 9 10
2: A network operator who does not comply with sections 9 10
3: This section is subject to section 19 Ministerial directions and regulations relating to lower-level compliance duties
16: Overview of sections 17 to 19
1: The purpose of sections 17 to 19
a: in the case of a network or service that by the operation of section 13 15
b: direct that an infrastructure-level service or part of that service must be subject to a higher-level compliance duty.
2: The following duties are ranked according to the level of interception capability that is required to fulfil the duty (with the duty set out in paragraph (a) being the highest level compliance duty):
a: the duty to comply with sections 9 10
b: the duty to be intercept ready:
c: the duty to be intercept accessible.
3: This overview is by way of explanation only. If any provision of this Part conflicts with this overview, the other provision prevails.
17: Application for direction
1: A surveillance agency may make an application for a direction under section 19
2: The surveillance agency must, when applying for a direction, notify the affected network operator in writing of the application and specify in the notice a time, which must be reasonable in the circumstances, within which submissions may be made to the Minister on the application.
18: Process following application for direction
1: The affected network operator may make submissions to the Minister in relation to the application for direction within the time specified in the notice referred to in section 17(2)
2: The Minister must consult with the responsible Ministers and the Minister for Communications and Information Technology.
3: The matters that the Minister must take into account are—
a: whether the current level of interception capability on the affected network or service adversely affects national security or law enforcement; and
b: whether the cost of compliance would have a serious adverse effect on the business of the network operator; and
c: whether the new duties would unreasonably impair the provision of telecommunications services in New Zealand or competition in telecommunications markets or create barriers to the introduction of new or innovative technologies; and
d: any other matter that the Minister considers relevant in the circumstances.
4: The Minister must give primacy to the matter described in subsection (3)(a).
19: Direction
1: The Minister must not make a direction under this section unless the Minister—
a: has taken into account the views, if any, of the persons referred to in section 18(2)
b: has taken into account the matters set out in section 18(3) and (4)
c: is satisfied on reasonable grounds that the direction is necessary for reasons of national security or law enforcement or both.
2: The Minister may,—
a: in the case of a network or service that under section 13 sections 9 10
b: in the case of an infrastructure-level service that under section 14 sections 9 10
i: be intercept accessible; or
ii: be intercept ready; or
iii: comply with sections 9 10
c: in the case of a wholesale network service that by the operation of section 15
i: be intercept ready; or
ii: comply with sections 9 10
3: The Minister must issue the direction in writing to the affected network operator.
4: The Minister must specify in the direction a time, which must be reasonable in the circumstances, by which the network operator must comply with the direction.
5: The reasons for the decision must be set out in the direction, except those parts of the reasons that would reveal classified information.
6: The Minister must not delegate to any person, other than another Minister, the power to make a direction under this section.
20: Regulations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations—
a: requiring all or part of a specified class of network or service to which section 13 sections 9 10
b: requiring all or part of a specified class of infrastructure-level service to which section 14
i: be intercept accessible; or
ii: be intercept ready; or
iii: comply with sections 9 10
c: requiring all or part of a specified class of wholesale network services to which section 15
i: be intercept ready; or
ii: comply with sections 9 10
2: The Minister must not recommend the making of regulations under subsection (1) unless the Minister—
a: has consulted with the telecommunications industry in accordance with the process set out in subsection (3):
b: has taken account of the matters set out in section 18(3) and (4)
c: has consulted with the responsible Ministers and the Minister for Communications and Information Technology; and
d: is satisfied that the commencement of the regulations allows for a reasonable time for compliance.
3: The consultation process referred to in subsection (2)(a) requires that the Minister—
a: publish, on an Internet site operated by the Ministry, a notice that—
i: sets out the effect of the proposed regulations ( proposal
ii: invites submissions on the proposal to be made by a specified date; and
b: consider the submissions (if any) on the proposal.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 20(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Related duties
21: Certain facilities not required to be intercept capable
A network operator is not required to have an interception capability on a telecommunication link that is used to interconnect 2 or more public telecommunications networks. 2004 No 19 s 9
22: Design of networks not affected by this Part
This Part does not authorise a surveillance agency or the Minister to—
a: require any person to adopt a specific design or feature for any network or service; or
b: prohibit any person from adopting any specific design or feature for any network or service. 2004 No 19 s 10
23: Duties relating to infrastructure-level services
A network operator that provides an infrastructure-level service must, despite anything to the contrary in any deed, contract, or other enactment or rule of law,—
a: ensure that the Registrar is advised of the names of all existing customers that purchase infrastructure-level services from the provider; and
b: ensure that the Registrar is advised of the names of any new customer—
i: at least 10 working days before providing or activating the infrastructure-level service to the customer; or
ii: if it is not reasonably practicable to comply with subparagraph (i), as soon as is reasonably practicable before providing or activating the infrastructure-level service to the customer.
24: Duty to assist
1: A surveillance agency to whom an interception warrant is issued, or any other lawful interception authority is granted, may, for the purpose of requiring assistance in the execution of the warrant or lawful authority, show to either or both of the persons referred to in subsection (2),—
a: in the case of an interception warrant issued to an intelligence and security agency, a copy of the relevant parts of the warrant; or
b: in any other case, a copy of the warrant or evidence of lawful authority.
2: The persons are—
a: a network operator; or
b: a service provider.
3: A person who is shown under subsection (1) a copy of an interception warrant or the relevant parts of the warrant, or evidence of any other lawful interception authority, must assist the surveillance agency by—
a: making available any of the person's officers, employees, or agents who are able to provide any reasonable technical assistance that may be necessary for the agency to intercept a telecommunication or otherwise give effect to the warrant or lawful authority; and
b: taking all other reasonable steps that are necessary for the purpose of giving effect to the warrant or lawful authority, which may include, but are not limited to, assistance to—
i: identify and intercept telecommunications without intercepting telecommunications that are not authorised to be intercepted under the warrant or lawful authority; and
ii: obtain call associated data relating to telecommunications (other than telecommunications that are not authorised to be intercepted under the warrant or lawful authority); and
iii: obtain call associated data and the content of telecommunications (other than telecommunications that are not authorised to be intercepted under the warrant or lawful authority) in a useable format; and
iv: carry out the interception of telecommunications unobtrusively, without unduly interfering with any telecommunications, and in a manner that protects the privacy of telecommunications that are not authorised to be intercepted under the warrant or lawful authority; and
v: undertake the actions referred to in subparagraphs (i) to (iv) efficiently and effectively and,—
A: if it is reasonably achievable, at the time of transmission of the telecommunication; or
B: if it is not reasonably achievable, as close as practicable to that time; and
vi: decrypt telecommunications where the person has provided the encryption.
4: Subsection (3)(b)(vi) does not require the person to—
a: decrypt any telecommunication on that person's public telecommunications network or telecommunications service if the encryption has been provided by means of a product that is—
i: supplied by the person as an agent for that product; or
ii: supplied by another person and is available to the public; and
b: ensure that a surveillance agency has the ability to decrypt any telecommunication.
5: A network operator or service provider must consult with the surveillance agency executing the warrant or lawful authority, regarding the most efficient way to undertake the decryption referred to in subsection (3)(b)(vi).
6: For the purposes of this section, a network operator may intercept a telecommunication on behalf of a surveillance agency.
7: In subsection (3)(b)(iii), useable format
a: the format determined by a notice issued under section 42
b: a format that is acceptable to—
i: the network operator or service provider; and
ii: the surveillance agency executing the warrant or lawful authority.
8: Nothing in this section affects the application of the common law defence of foreign state compulsion to a service provider outside New Zealand.
25: Wholesaler may charge
1: If—
a: a wholesaler is required under an interception warrant or any other lawful interception authority to provide another network operator ( A
b: the wholesaler's assistance is sought because A did not comply with any obligation under this Part,— the wholesaler may charge A, on a commercial basis, for any access, space, power, or any other thing or service that the wholesaler is required to provide for the purpose of giving effect to the warrant or lawful authority.
2: A designated officer may notify A in writing that the wholesaler is entitled to charge A under this section.
3: In this section, wholesaler
26: Duty to minimise impact of interception on third parties
Every person who, under an interception warrant or any other lawful interception authority, intercepts or assists in the interception of a telecommunication must take all practicable steps that are reasonable in the circumstances to minimise the likelihood of intercepting telecommunications that are not authorised to be intercepted under the warrant or lawful authority. 2004 No 19 s 14
27: Network operators may share resources
1: Nothing in this Act prevents network operators from co-ordinating, sharing, or contracting for services (whether equipment or staff) in order to meet the interception capability requirements in the Act.
2: However, any arrangement referred to in subsection (1) does not affect any obligations that apply to a network operator and that have been imposed by or under this Act.
28: Obligations relating to arrangements for interception services
1: Before a network operator enters into a contract or engages with any person for the provision of services to enable the network operator to comply with its obligations under this Part, the network operator must notify the Director in accordance with section 48 section 68
2: A network operator must ensure that any person that it enters into a contract or engages with for the provision of services to enable the network operator to comply with its obligations under this Part, complies with any applicable provisions of this Part.
4: Exemptions
29: Exemption
1: A designated officer may, in accordance with section 32
a: grant, subject to subsection (2), a network operator or class of network operators an exemption from all or any of the requirements of sections 9 10
b: grant a network operator or class of network operators an exemption from all or any of the requirements of section 13 section 11
c: grant a network operator or a class of network operators an exemption from all or any of the requirements of section 23
d: vary or revoke an exemption referred to in paragraph (a), (b), or (c).
2: An exemption under subsection (1)(a) must not affect the requirements in section 10
3: An exemption under subsection (1)—
a: may, without limitation, apply to all or part of a specified service or network or class of service or network; and
b: may be subject to any terms and conditions specified by the designated officer.
4: The designated officer may grant an exemption under subsection (1) with or without application from a network operator.
5: An exemption, revocation, or variation 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 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 because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 29(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
30: Application for exemption
1: A network operator may apply to a designated officer for an exemption or a variation or revocation of an exemption under section 29(1)
2: The designated officer must notify the applicant of receipt of the application as soon as practicable.
3: The designated officer must advise the applicant of the decision as soon as practicable and no later than 20 working days after receipt of the application.
4: The designated officer may extend the time referred to in subsection (3) if—
a: the application relates to multiple services; or
b: the application raises new or complex technical or legal issues; or
c: responding within that time would cause unreasonable interference with the operations of a surveillance agency.
5: If subsection (4) applies, the designated officer must—
a: extend the time referred to in subsection (3) to a date not later than 3 months after receipt of the application, or to any later date to which the designated officer and the applicant have agreed; and
b: give the applicant a notice of extension within 20 working days of receiving the application.
6: The notice of extension must set out the reasons for the extension and the new time by which the designated officer must respond.
31: Effect of application for exemption or variation
1: The effect of an application under section 29(1)
a: in the case of an application for exemption, the applicant is treated as being exempt from the obligation for which the exemption is sought; or
b: in the case of an application to vary an exemption, the exemption is treated as being in force as varied.
2: Subsection (1) does not apply to an applicant if—
a: the designated officer considers, on reasonable grounds, that the applicant is persistently or repeatedly seeking the same or a similar exemption or variation in relation to the same matter, or seeking the same outcome, despite the application being refused; and
b: the designated officer has notified the applicant accordingly.
32: Decision-making process
1: The designated officer must, when considering whether to grant, vary, or revoke an exemption under section 29(1)
a: national security or law enforcement interests; and
b: the number of customers or end-users of the relevant network or service; and
c: the cost of compliance with the obligation for which an exemption is sought; and
d: whether compliance could be achieved appropriately by another means; and
e: any other matter that the designated officer considers relevant in the circumstances.
2: The designated officer must, when taking account of the matters set out in subsection (1), give primacy to subsection (1)(a).
3: The designated officer must consult each of the surveillance agencies, as well as the applicant (if any), on the proposed decision.
4: The reasons for the decision must be set out in the decision, except those parts of the reasons that would reveal classified information.
5: The designated officer must issue a written notice of the decision to the applicant or, in the case of a class exemption, to the class of network operators who are affected by the decision.
6: Section 32(6) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Application to Minister
33: Application to Minister
1: A network operator whose application for an exemption or variation of an exemption has been wholly or partly declined, or whose exemption has been or is to be revoked, may apply to the Minister for a decision.
2: An application to the Minister must be made within 20 working days after the date on which the designated officer's decision on the application is issued, or the exemption is to be revoked.
3: The Minister must notify receipt of the application as soon as practicable.
4: An application to the Minister must not be materially different from the original application.
34: Minister may grant, vary, or revoke exemption
1: The Minister may, in accordance with section 36
a: grant, subject to subsection (2), a network operator or class of network operators an exemption from all or any of the requirements of sections 9 10
b: grant a network operator or class of network operators an exemption from all or any of the requirements of section 13 section 11
c: grant a network operator or a class of network operators an exemption from all or any of the requirements of section 23
d: vary or revoke an exemption referred to in paragraph (a), (b), or (c).
2: An exemption under subsection (1)(a) must not affect the requirements in section 10
3: An exemption under subsection (1)—
a: may, without limitation, apply to all or part of a specified service or network or class of service or network; and
b: may be subject to any terms and conditions specified by the Minister.
4: An exemption, revocation, or variation 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 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 because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 34(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
35: Effect of application for exemption or variation
1: The effect of an application under section 33 section 32(5)
a: in the case of an application for exemption, the applicant is treated as being exempt from the obligation for which the exemption is sought; or
b: in the case of an application to vary an exemption, the exemption is treated as being in force as varied.
2: Subsection (1) does not apply to an applicant if—
a: the Minister considers, on reasonable grounds, that the applicant is persistently or repeatedly seeking the same or a similar exemption or variation in relation to the same matter, or seeking the same outcome, despite the application being refused; and
b: the Minister has notified the applicant accordingly.
36: Decision-making process
1: The Minister must consult the responsible Ministers and the Minister for Communications and Information Technology before making a decision on the application.
2: The Minister must decide the application as soon as is practicable.
3: The Minister must, when considering whether to grant, vary, or revoke an exemption, take account of the following matters:
a: national security or law enforcement interests; and
b: the number of customers or end-users of the relevant network or service; and
c: the cost of compliance with the obligation for which an exemption is sought; and
d: whether compliance could be achieved appropriately by another means; and
e: any other matter that the Minister considers relevant in the circumstances.
4: The Minister must, when taking account of the matters set out in subsection (3), give primacy to subsection (3)(a).
5: The reasons for the decision must be set out in the decision, except those parts of the reasons that would reveal classified information.
6: The Minister must issue a written notice of the decision to the applicant or, in the case of a class exemption, to the class of network operators who are affected by the decision.
7: Section 36(7) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
37: Regulations relating to class exemptions
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations—
a: granting, subject to subsection (2), a class of network operators an exemption from all or any of the requirements of sections 9 10
b: granting a class of network operators an exemption from all or any of the requirements of section 13 section 11
c: granting a class of network operators an exemption from all or any of the requirements of section 23
2: Regulations under subsection (1)(a) must not affect the requirements in section 10
3: Regulations under subsection (1) may, without limitation, apply to all or part of a specified service or network or class of service or network.
4: The Minister must not recommend the making of regulations under subsection (1) unless the Minister has—
a: taken account of the matters set out in section 36(3) and (4)
b: consulted the responsible Ministers and the Minister for Communications and Information Technology.
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 37(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Ministerial directions
Minister may require service providers to have same obligations as network operators
38: Minister may require service providers to have same obligations as network operators
1: The Minister may, at the application of a surveillance agency in accordance with this section, direct that a telecommunications service provider—
a: comply with one of the following duties:
i: the duty to comply with sections 9 10
ii: the duty to be intercept ready:
iii: the duty to be intercept accessible; and
b: be treated as having the same obligations and rights as a network operator under this Part (except for sections 13 to 20 23 Parts 1 4
2: A surveillance agency may make an application for a ministerial direction under this section only if—
a: the surveillance agency considers that lack of interception capability on the telecommunications service offered by that provider adversely affects national security or law enforcement; and
b: at the time of application, 1 or more telecommunications service offered by that provider is a service over which the surveillance agency could lawfully execute an interception warrant or any other lawful interception authority.
3: The surveillance agency must, when applying for a ministerial direction, notify the affected service provider in writing that it is applying for a direction under this section and specify in the notice a time, which must be reasonable in the circumstances, within which submissions may be made to the Minister on the application.
4: The affected service provider may make submissions to the Minister on the application.
5: The Minister must consult with the responsible Ministers and the Minister for Communications and Information Technology.
6: The Minister must not make a direction unless—
a: the Minister has taken into account the views, if any, of the Ministers referred to in subsection (5) and the affected service provider; and
b: the Minister has taken account of the matters set out in subsection (7); and
c: the Minister is satisfied on reasonable grounds that the direction is necessary for reasons of national security or law enforcement, or both.
7: The matters that the Minister must take into account are—
a: whether the current level of interception capability on any services provided by the affected service provider adversely affects national security or law enforcement; and
b: whether the cost of compliance would have a serious adverse effect on the business of the affected service provider; and
c: whether the new duties would unreasonably impair the provision of telecommunications services in New Zealand or competition in telecommunications markets or create barriers to the introduction of new or innovative technologies; and
d: any other matter that the Minister considers relevant in the circumstances.
8: The Minister must give primacy to the matter described in subsection (7)(a).
9: The Minister must not delegate to any person, other than another Minister, the power to make a direction under this section.
39: Review
1: If a direction is made under section 38
2: On receiving a request for review, the Minister must appoint 3 suitably qualified persons to form a review panel.
3: In subsection (2), a person is suitably qualified if the person—
a: has experience in—
i: telecommunications technology; or
ii: national security or law enforcement; or
iii: competition in telecommunications markets; or
iv: international relations or international law; and
b: does not have any conflict of interest in relation to the direction; and
c: has or is able to obtain an appropriate security clearance.
4: The review panel must—
a: review all relevant submissions made to the Minister, and take into account all other relevant information; and
b: make recommendations to the Minister on whether the service provider should be treated as a network operator.
5: The Minister must, after considering the recommendations of the review panel, vary, confirm, or revoke the direction.
6: A summary of the review panel’s recommendations and reasons must be provided to the affected service provider, except those parts of the reasons that would reveal classified information.
40: Direction notice
1: If the Minister makes a direction under section 38
2: The direction—
a: must state which of the duties referred to in section 38(1)(a)
b: must specify a time, which must be reasonable in the circumstances, by which the duty or duties must be complied with; and
c: may be subject to any terms and conditions specified by the Minister.
3: The effect of the direction is that this Part (except for sections 13 to 20 23 Parts 1 4
4: The Minister may, after consulting the Ministers referred to in section 38(5)
41: Regulations relating to service providers
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations specifying that a class of service providers must—
a: comply with one of the following duties:
i: the duty to comply with sections 9 10
ii: the duty to be intercept ready:
iii: the duty to be intercept accessible; and
b: be treated as having the same obligations and rights as a network operator under this Part (except for sections 13 to 20 23 Parts 1 4
2: Regulations under subsection (1) may, without limitation, apply to all or part of a telecommunications service or class of telecommunications service.
3: The Minister must not recommend the making of regulations under subsection (1) unless the Minister—
a: has consulted the telecommunications industry in accordance with the process set out in subsection (4); and
b: has taken account of the matters set out in section 38(7)
c: has consulted with the Ministers referred to in section 38(5)
4: The consultation process referred to in subsection (3)(a) requires that the Minister—
a: publish, on an Internet site operated by the Ministry, a notice that—
i: sets out the effect of the proposed regulations ( proposal
ii: invites submissions on the proposal to be made by a specified date; and
b: consider the submissions (if any) on the proposal.
5: The effect of the regulations is that this Part (except for sections 13 to 20 23 Parts 1 4
6: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 41(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
6: Formatting
42: Notice relating to formatting
1: The Minister may
2: Before making a determination under subsection (1), the Minister must consult the telecommunications industry by—
a: publishing, on an Internet site operated by the Ministry, a notice that—
i: sets out the effect of the proposed notice ( proposal
ii: invites submissions on the proposal to be made by a specified date; and
b: considering the submissions (if any) on the proposal.
3: The determination
4: A determination under this section is secondary legislation ( see Part 3
5: Subpart 1 section 114 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 42(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
43: Effect of changes to material incorporated by reference
1: This section applies if—
a: a network operator has an interception capability that conforms with a standard, specification, or requirement that has been incorporated by reference under section 42(3)
b: that standard, specification, or requirement is later amended or replaced.
2: If this section applies, the network operator is not under any duty to ensure the interception capability conforms to any changes to, or replacement of, the standard, specification, or requirement so long as the network operator ensures that the interception capability continues to conform to the earlier standard, specification, or requirement.
44: Formatting before commencement of this Act
A public telecommunications network or a telecommunications service that immediately before the commencement of this Act complied with section 8(1)(c)
a: is not subject to section 10(5)(a) 24(7)(a)
b: may continue to use the format that it used immediately before the commencement of this Act for the purpose of section 10(1)(c) 24(3)(b)(iii)
3: Network security
45: Application of this Part
This Part applies to network operators.
46: Network operators' duty to engage in good faith
1: A network operator must engage with the Director as soon as practicable after becoming aware of any network security risk that may arise if the proposed decision, course of action, or change is implemented.
2: A network operator must act honestly and in good faith when engaging with the Director in relation to any matter in this Part.
3: A network operator must provide the Director with access to any of its employees, contractors, or agents that, in the Director's opinion, are best placed to assist the Director in relation to a matter under this Part. Disclosure
47: Areas of specified security interest
1: In this section and section 48 area of specified security interest
a: network operations centres:
b: lawful interception equipment or operations:
c: any part of a public telecommunications network that manages or stores—
i: aggregated information about a significant number of customers:
ii: aggregated authentication credentials of a significant number of customers:
iii: administrative (privileged user) authentication credentials:
d: any place in a public telecommunications network where data belonging to a customer or end user aggregates in large volumes, being either data in transit or stored data:
e: any area prescribed under subsection (2).
2: The Governor-General may, by Order in Council, on the recommendation of the Minister responsible for the Government Communications Security Bureau, make regulations—
a: amending or removing an area of specified security interest listed in subsection (1):
b: prescribing additional areas of specified security interest.
3: The Minister must not recommend the making of regulations under subsection (2) unless—
a: the Minister has consulted network operators registered under Part 4
b: the Minister is satisfied that the regulations are necessary or desirable to—
i: keep up to date with changes in technology; or
ii: address changes in the way that networks are being used that may give rise to a security risk; or
iii: address any significant changes in architectural approach to the design of a public telecommunications network.
4: In this section,— administrative (privileged user) authentication credentials authentication credentials privileged user
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 47(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
48: Network operator must notify Director
1: A network operator must notify the Director of any proposed decision, course of action, or change made by or on behalf of the network operator regarding—
a: the procurement or acquisition of any equipment, system, or service that falls within an area of specified security interest; or
b: any change—
i: to the architecture of any equipment, system, or service that falls within an area of specified security interest; or
ii: that may affect the ownership, control, oversight, or supervision of any equipment, system, or service that falls within an area of specified security interest.
2: The network operator must—
a: comply with subsection (1)(a) before any steps are taken, as part of the procurement or acquisition decision-making process, to approach the market (whether by request for quote, tender, or otherwise) or comply with subsection (1)(b) during the development of a business or change proposal; and
b: ensure any notice given to the Director in compliance with subsection (1) is given within sufficient time for the Director to consider whether to take action under section 51
49: Exemption from section 46(1) or 48
1: The Director may, by written notice, exempt a network operator or a class of network operators from any of the requirements in section 46(1) 48
2: The exemption may be granted for any period specified by the Director and on any terms and conditions that the Director thinks fit.
3: The Director may by written notice vary or revoke an exemption granted under this section.
4: The Director may give a notice under this section relating to a network operator directly to the network operator concerned.
5: An exemption, variation, or revocation under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it on a website operated by the Government Communications Security Bureau LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 49(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Process for preventing or mitigating network security risks
50: Consideration of network security risk by Director or Minister
1: When considering whether a network security risk or significant network security risk is raised under this Part, the Director, or if the case requires, the Minister responsible for the Government Communications Security Bureau,—
a: must consider the likelihood that the matter giving rise to the risk will lead to—
i: the compromising or degrading of the public telecommunications network; and
ii: the impairment of the confidentiality, availability, or integrity of telecommunications across the network; and
b: must consider the potential effect that an event described in paragraph (a)(i) or (ii) will have on the provision of—
i: central or local government services:
ii: services within the finance sector:
iii: services within the energy sector:
iv: services within the food sector:
v: communication services:
vi: transport services:
vii: health services:
viii: education services; and
c: may consider any other matter that the Director or Minister considers relevant.
2: In subsection (1)(a), the matter giving rise to the risk
a: any proposed decision, course of action, or change that, if implemented, will give rise to the network security risk or significant network security risk; or
b: any decision that has been implemented, binding legal arrangement, or course of action or change that has commenced that gives rise to the network security risk or significant network security risk.
51: Process for addressing network security risks
1: If the Director becomes aware of a proposed decision, course of action, or change by a network operator that, in the Director's opinion, would, if implemented, raise a network security risk other than a minimal network security risk,—
a: the Director must advise the network operator of the matter as soon as practicable; and
b: the network operator must not implement or give effect to the proposed decision, course of action, or change—
i: unless and to the extent that those actions are consistent with or give effect to a proposal or part of a proposal (relating to the proposed decision, course of action, or change) accepted by the Director under section 52 section 57
ii: unless the Director has referred a matter (arising from the proposal) to the Minister responsible for the Government Communications Security Bureau under section 54
iii: unless the Director has notified the network operator that the Director has not accepted the proposal but has decided not to refer the matter to the Minister under section 54
2: The Director must provide a written notice to the network operator that relates to the matter referred to in subsection (1).
3: The network operator must, as soon as practicable, respond in writing to the notification by providing the Director with a proposal to prevent or sufficiently mitigate the network security risk.
4: A notice under subsection (2) and a proposal under subsection (3) must comply with any requirements prescribed in regulations made under section 127
52: Assessment of response by network operator
1: The Director must assess whether the proposal will, if implemented, prevent or sufficiently mitigate the network security risk.
2: If the Director is satisfied that the proposal or part of the proposal will, if implemented, prevent or sufficiently mitigate the network security risk, the Director must accept the proposal or that part of the proposal and advise the network operator accordingly in writing.
3: If the Director does not accept the proposal or part of the proposal, the Director must—
a: decide, at the same time, whether or not to refer the matter to the Minister responsible for the Government Communications Security Bureau under section 54
b: advise the network operator of his or her decision accordingly in writing.
53: Network operator must implement response
The network operator must implement those parts of the proposal accepted by the Director under section 52(2)
54: Director may refer matter to Minister
If the Director considers that the proposal or part of the proposal does not prevent or sufficiently mitigate a significant network security risk, the Director—
a: may, after complying with section 56 section 57
b: must, if a referral is made, inform the network operator that it may make submissions on the matter directly to the Minister, and specify a time, which must be reasonable in the circumstances, by which those submissions must be made.
55: Failure to comply
1: This section applies if,—
a: despite being advised under section 51
b: a network operator fails to comply with a requirement of this Part or a requirement to supply information or a class of information under section 78
2: If this section applies, the Director—
a: may, after complying with section 56 section 57
b: must, if a referral is made, inform the network operator that it may make submissions on the matter directly to the Minister, and specify a time, which must be reasonable in the circumstances, by which those submissions must be made.
56: Review by Commissioner of
Intelligence
1: If the Director is of the opinion that a significant network security risk exists or may arise and is intending or considering whether to refer the matter to the Minister responsible for the Government Communications Security Bureau under section 54 55
a: the Director must, before referring the matter, notify the Chief Commissioner of Intelligence Warrants
b: on receipt of the notice, the Chief Commissioner of Intelligence Warrants must arrange for a review to be conducted in accordance with this section by a Commissioner as soon as practicable.
2: The Director must make available to the Commissioner all of the material (including any classified information) that informed the Director's opinion.
3: The Commissioner must consider whether the significant network security risk identified by the Director exists or may arise by—
a: assessing the material made available to him or her; and
b: considering the matters that the Director was required to consider under section 50(1)(a)
c: considering any other matter that the Director, under section 50(1)(c)
4: The Commissioner must prepare a report on the Commissioner's consideration, under subsection (3), of the significant network security risk identified by the Director and—
a: give a copy of the report to the Director; and
b: give a copy of the report to the affected network operator, except those parts of the report that would reveal any classified information.
5: The Commissioner must not, when conducting the review, seek or accept any further communications from the affected network operator or the Director (except as provided in subsection (2)).
6: Any material made available to the Commissioner under this section must be kept secure and confidential, and returned to the Director when the review is completed.
7: If the Director decides to refer the matter to the Minister, the Director must, when referring the matter, give the Minister a copy of the Commissioner's report under this section.
8: In this section and section 57 Chief Commissioner of Intelligence Warrants section 4 Commissioner section 4 Section 56 heading amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 56(1)(a) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 56(1)(b) replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 56(8) replaced 28 September 2017 section 335 Intelligence and Security Act 2017
57: Minister may make direction
1: The Minister responsible for the Government Communications Security Bureau may make a direction under this section only if the Minister—
a: has been referred a matter under section 54 55
b: has considered any submissions from the affected network operator; and
c: has considered the report of the Commissioner under section 56
d: has consulted the Minister for Communications and Information Technology and the Minister of Trade; and
e: is satisfied that exercising his or her powers under this section is necessary to prevent, sufficiently mitigate, or remove a significant network security risk.
2: Before making a direction under this section, the Minister must—
a: have regard to—
i: the nature and extent of the network security risk:
ii: the impact on the network operator of meeting costs associated with the direction:
iii: the potential consequences that the direction may have on competition and innovation in telecommunications markets:
iv: the anticipated benefits to New Zealand from preventing, sufficiently mitigating, or removing the network security risk:
v: the principle in section 8(4)
vi: the potential impact of the direction on trade:
vii: any other matters that the Minister considers relevant; and
b: be satisfied that the direction is consistent with the purpose in section 7
3: A direction under this section—
a: may require a network operator to take steps, as specified by the Minister, to prevent, sufficiently mitigate, or remove the significant network security risk, and those steps may include—
i: requiring the network operator to cease a particular activity or to do or refrain from doing a particular activity in the future; or
ii: directing the network operator to make changes to, or remove, any particular system, equipment, service, component, or operation on or related to the network; and
b: may provide for any other relevant matter.
4: The Minister must ensure that any time by which a network operator must comply with a requirement of the direction is specified in the direction and is reasonable in the circumstances.
5: The Minister must issue the direction in writing to the affected network operator together with reasons, except those parts of the reasons that would reveal classified information.
6: The Minister must not delegate to any person, other than another Minister, the power to make a direction under this section.
58: Guidelines
1: The Director may issue guidelines on any requirements under this Part that apply to network operators.
2: Any guidelines issued under this section are not binding.
3: However, in any proceeding relating to this Act, evidence of a network operator’s compliance with any guidelines issued under this section is to be treated as evidence of compliance with the applicable requirements.
59: Director must comply with regulations made under section 126 relating to time frames
The Director must comply with any regulations made under section 126
4: Registration, enforcement, and miscellaneous provisions
1: Registration
Network operators must register
60: Network operators must register
1: A person that is, on the commencement of this section, a network operator must be registered on the register within 3 months after that commencement.
2: A person that, after the commencement of this section, becomes a network operator must be registered on the register within 3 months after the person becomes a network operator.
61: Application for registration
An application for registration must—
a: be made to the Registrar; and
b: contain the information specified in section 62
c: be accompanied by a certificate signed by the chief executive of the network operator confirming that the information contained in the application is true and correct; and
d: otherwise be made in the form or manner required by the Registrar.
62: Registration information
1: The information referred to in section 61(b)
a: the name of the network operator:
b: the name and contact details of a suitable employee of the network operator who will be responsible for dealing with issues raised by a surveillance agency relating to interception capability or an interception warrant or any other lawful interception authority:
c: the name and contact details of a suitable employee of the network operator who will be responsible for dealing with issues raised by the Director relating to network security:
d: the total number of the network operator's customers:
e: in the case of a network operator that offers retail services, an estimate of the total number of end-users across all telecommunications services:
f: the total number of connections for wholesale network services:
g: the geographical coverage of the network operator's telecommunications services and public telecommunications networks (for example, by reference to the name of a region or to national coverage):
h: the particulars of any outsourcing arrangement (including the date of the arrangement, the names of the parties to it, and its general nature):
i: the types of telecommunications services provided by the network operator (for example, mobile, email, or Voice over Internet Protocol services):
j: an address for service of notices under this Act:
k: whether the network operator is subject to—
i: the duty to comply with sections 9 10
ii: the duty to be intercept ready; or
iii: the duty to be intercept accessible.
2: The information specified in this section must be prepared as at the date of the application (or, in the case of an annual update, as at the date of that update). Register
63: Register of network operators
1: The Commissioner of Police must establish a register of network operators (the register
2: The Registrar must maintain the register.
64: Purpose of register
The purpose of the register is to assist any surveillance agency in the exercise or performance of its powers, functions, or duties under this Act.
65: Contents of register
The register must contain—
a: the information referred to in section 62
b: the information provided to the Registrar under section 23
66: Operation of and access to register
1: The register may be kept as an electronic register or in any other manner that the Registrar thinks fit.
2: The register must be available for access and searching by surveillance agencies (including by any employee or other person acting on behalf of a surveillance agency) at all times unless suspended under subsection (4).
3: The register is not available for access or searching by any person other than a designated officer or a surveillance agency (or any employee or other person acting on its behalf).
4: The Registrar may refuse access to the register or suspend its operation, in whole or in part, if the Registrar considers that it is not practical to provide access to the register.
67: Registrar must keep register secure
1: The Registrar must take reasonable steps to ensure that the register is not available for access or searching by any person other than a designated officer or a surveillance agency (or any employee or other person acting on its behalf).
2: This section and section 66 Changes to register
68: Network operators must notify Registrar of key changes
1: A network operator must give to the Registrar written notice of any relevant change no later than 20 working days before the change takes effect.
2: However, if it is not reasonably practicable to comply with subsection (1), the network operator must give to the Registrar written notice of the relevant change as soon as is reasonably practicable.
3: A network operator must give to the Registrar written notice of a threshold change no later than 10 working days after the date on which the change was identified, or ought reasonably to have been identified, by the operator.
4: In this section,— relevant change
a: the name of the network operator:
b: the name and contact details of a suitable employee of the network operator who will be responsible for dealing with issues raised by a surveillance agency relating to interception capability or an interception warrant or any other lawful interception authority:
c: the name and contact details of a suitable employee of the network operator who will be responsible for dealing with issues raised by the Director relating to network security:
d: the geographical coverage of the network operator's telecommunications services and public telecommunications networks:
e: the outsourcing arrangements of the network operator:
f: the types of telecommunications services provided by the network operator threshold change
69: Annual update
1: A network operator must give to the Registrar each year in November an annual update of information on the register relating to that operator.
2: The annual update must—
a: specify any changes to the information referred to in section 62 section 68 section 61
b: confirm that, apart from the changes under paragraph (a), all other information referred to in section 62
c: be in the form (if any) required by the Registrar; and
d: be accompanied by a certificate signed by the chief executive of the network operator confirming that the information contained in the annual update is true and correct.
3: An annual update does not need to be provided in the year during which this section comes into force.
70: Registrar may deregister person
The Registrar may remove a person from the register if the Registrar is satisfied that the person has—
a: ceased to exist; or
b: ceased to have the obligations of a network operator under this Act; or
c: otherwise ceased to be a network operator.
71: Registrar may amend register
The Registrar may amend the register if—
a: a notice under section 68
b: a network operator informs the Registrar of information that is different from the information entered on the register:
c: the Registrar is satisfied at any time that the register contains an error or a mistake or omits information given to the Registrar.
2: Registrar and other designated officers
72: Appointment of designated officers
1: The Commissioner of Police must, by notice in the Gazette
2: A copy of the notice under subsection (1) must be published on an Internet site maintained by or on behalf of the New Zealand Police.
73: Appointment of Registrar
1: The Commissioner of Police must, by notice in the Gazette
2: A copy of the notice under subsection (1) must be published on an Internet site maintained by or on behalf of the New Zealand Police.
74: Power of designated officer to delegate
1: The Registrar or any other designated officer may delegate to any person, either generally or particularly, any of the Registrar’s or other designated officer's functions, duties, and powers except the power of delegation.
2: A delegation—
a: must be in writing; and
b: may be made subject to any restrictions and conditions the Registrar or designated officer thinks fit; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Registrar or designated officer.
3: A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A 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.
3: Secret-level government-sponsored security clearance
75: Network operator must nominate employee to apply for clearance
1: A network operator must, within 10 working days after being required to do so under subsection (2), (3), or (4),—
a: nominate a suitable employee to apply for a secret-level government-sponsored security clearance (a clearance
b: notify the employee of the nomination; and
c: give written notice of the name and contact details of that employee to the Registrar.
2: A designated officer may, by written notice served on a network operator, require the operator to comply with subsection (1) unless section 13
3: If a network operator is notified that an application under section 76 section 76(2)
4: If a network operator is notified that its employee's clearance has expired or been revoked for any reason, the network operator must comply again with subsection (1) (to re-nominate the same employee (unless his or her clearance was revoked) or to nominate another employee).
76: Nominated person must apply
1: A designated officer must, by written notice served on the employee nominated under section 75
2: The employee must, within 10 working days after being notified under subsection (1), apply for the clearance.
4: General information-gathering powers
77: Designated officer may require information in order to assist surveillance agency
1: If a designated officer considers it necessary or desirable for any specified purpose, the designated officer may, by written notice served on any network operator, require the operator—
a: to supply to the designated officer or a surveillance agency any information or class of information specified in the notice; or
b: to produce to the designated officer or a surveillance agency, or to a person specified in the notice acting on the agency's behalf, any document or class of documents specified in the notice; or
c: if necessary, to reproduce, or assist in reproducing, in usable form, information recorded or stored in any document or class of documents specified in the notice.
2: In subsection (1), specified purpose
a: enforce compliance with the duties under this Act relating to interception capability:
b: execute an interception warrant or any other lawful interception authority:
c: otherwise perform or exercise any of its functions, powers, or duties under this Act in relation to interception capability or an interception warrant or any other lawful interception authority.
3: A network operator must comply with the notice in the manner specified in the notice.
4: A designated officer may exercise the power under subsection (1) at the request of a surveillance agency (in which case, the officer must promptly supply information or documents obtained under subsection (1) to the surveillance agency).
78: Director of Government Communications Security Bureau may require information
1: If the Director considers it necessary or desirable for any specified purpose, the Director may, by written notice served on any network operator, require the operator—
a: to supply to the Director any information or class of information specified in the notice; or
b: to produce to the Director, or to a person specified in the notice acting on his or her behalf, any document or class of documents specified in the notice; or
c: if necessary, to reproduce, or assist in reproducing, in usable form, information recorded or stored in any document or class of documents specified in the notice.
2: In subsection (1), specified purpose
a: enforcing compliance with the duties under this Act relating to network security; or
b: otherwise performing or exercising any of the Director's functions, powers, or duties under this Act in relation to network security.
3: A network operator must comply with the notice in the manner specified in the notice.
79: Time for compliance
A network operator must comply with a notice under section 77 78
a: 20 working days after the date of the notice; or
b: a later time that is specified in the notice.
80: Network operator must comply despite any other enactment or any breach of confidence, etc
1: A network operator must comply with a notice under section 77 78
2: A network operator must comply with a notice under section 77 78
a: the disclosure of commercially sensitive information; or
b: a breach of an obligation of confidence.
3: However, every person has the same privileges in relation to providing information and documents under section 77 78
81: Miscellaneous provisions
1: Information supplied in response to a notice under section 77(1)(a) 78(1)(a)
a: given in writing; and
b: accompanied by a certificate that confirms that, to the best of the network operator's knowledge, the information supplied complies with requirements of the notice.
2: If a document is produced in response to a notice under section 77 78 section 77(4)
a: inspect and make records of that document; and
b: take copies of the document or extracts from the document.
3: Nothing in section 77 78
5: Compliance testing
82: Designated officer may require compliance testing
1: If a designated officer considers it necessary or desirable for the purposes of assisting a surveillance agency to perform or exercise any of its functions, powers, or duties under Part 2
a: ensure that the equipment and procedures comply with the duties that apply to the operator by or under Part 2
b: identify any deficiencies in the equipment and procedures in terms of that compliance.
2: The notice may specify various times for completing the testing in stages and a final date for completing the testing.
3: Each of those times must be reasonable in the circumstances and must be set after having regard to any submissions made under section 83(1)(b)
4: The network operator must comply with the notice within the time or times and in the manner specified in the notice.
83: Process for consulting on times
1: A designated officer must, before serving a notice under section 82
a: serve on the network operator written notice stating—
i: that the officer may exercise a power under section 82
ii: the telecommunications service to which the notice under section 82
iii: the reasons why the officer is considering exercising that power; and
b: give to the network operator an opportunity to make written submissions relating to the time or times within which the operator must carry out the testing under a notice under section 82
2: A designated officer must serve the notice under subsection (1) at least 10 working days before it serves a notice under section 82
6: Certification
84: Designated officer may require certification as to compliance
1: A designated officer may, by written notice served on a network operator, require a chief executive of the operator to certify that, after due inquiry, the chief executive is satisfied as to 1 or more of the following:
a: that adequate resources have been allocated by the operator to secure compliance with its duties under Part 2
b: that the operator maintains and operates interception capability in compliance with this Act:
c: that the operator is otherwise complying with Part 2
2: If a chief executive is unable to give the certification because the chief executive is not satisfied as referred to in subsection (1), the chief executive must, instead of giving the certification, give written notice to the designated officer of the reasons for being unable to give the certification (including details of any failure to comply with this Act and whether the operator has applied for, or intends to apply for, an exemption under subpart 4 of Part 2
3: The certification (or notice under subsection (2)) must be given within the time and in the manner specified in the notice under subsection (1).
4: The time specified in the notice under subsection (1) must be reasonable in the circumstances.
85: Due inquiry
1: A chief executive who is required to make due inquiry section 84
a: he or she receives information or advice about the matter from another person who he or she believes on reasonable grounds is reliable and competent; and
b: the information or advice received—
i: is of the same kind and standard as that which could reasonably be expected to be supplied in the ordinary course of management of businesses of the same kind to persons in the same kind of position; and
ii: does not state or indicate that further information, advice, or investigation is or may be required; and
c: he or she has no reason to believe that the information or advice is or may be incorrect.
2: Nothing in subsection (1) limits the ways in which a chief executive may make due inquiry about a matter.
86: Designated officer may give certificate to surveillance agency
A designated officer may give any information obtained under this subpart to a surveillance agency.
7: Enforcement
87: Interpretation
In this subpart,—
a: a non-compliance with this Act is minor sections 23 28 48 51(3) 60 61 68 69 75 76(2) 77 to 81 82(4) 84
b: a non-compliance with this Act is serious sections 9 10 11 12 13 15 24 26 53 57 88(4) Breach notices and enforcement notices
88: Breach notice may be issued for minor non-compliance
1: This section applies if a surveillance agency considers on reasonable grounds that—
a: a person ( A
b: the non-compliance is minor.
2: The surveillance agency may serve a notice on A under this section (a breach notice
3: The breach notice must identify the duties that have not been complied with.
4: A must comply with the breach notice within the time and in the manner specified in the notice (and a failure to so comply is serious).
5: The time specified in the breach notice must be reasonable in the circumstances.
89: Breach notice may request consent to enter and inspect in connection with duties under Part 2
1: This section applies if a breach notice relates to a failure to comply with a duty under Part 2
2: A breach notice may request a network operator to consent to the surveillance agency entering a relevant place for the purpose of gathering evidence relating to the failure referred to in subsection (1) by—
a: inspecting and making records of information, documents, or equipment that is related to the network operator's duties under Part 2
b: taking copies of those documents or extracts from those documents.
3: If a breach notice contains a request under subsection (2), the notice must also—
a: advise the network operator of the reason for the request; and
b: advise the network operator that the evidence that is gathered may be admissible in proceedings relating to the failure referred to in subsection (1); and
c: advise the network operator that it may either consent to the request or refuse to consent to the request.
4: If the network operator consents to the request, the surveillance agency (including any employee or other person acting on its behalf) may carry out an entry, an inspection, and any other action referred to in subsection (2) in accordance with the terms of the consent.
5: In this section, relevant place
a: that is owned, occupied, or controlled by the network operator; and
b: that the surveillance agency believes on reasonable grounds contains information, documents, or equipment that is related to the network operator's duties under Part 2
90: Enforcement notice may be issued for serious non-compliance
1: This section applies if a surveillance agency considers on reasonable grounds that—
a: a person has a duty under this Act; and
b: the person has not complied with that duty; and
c: the non-compliance is serious.
2: The surveillance agency may serve a notice on a person under this section (an enforcement notice
a: is satisfied that the person has not complied with the duties specified in the notice and that the non-compliance is serious; and
b: may make an application to the High Court under this subpart on or after a specified date.
91: Application for compliance order or pecuniary penalty order
1: A surveillance agency may apply to the High Court for an order under section 92 97
a: it has given an enforcement notice; and
b: the application is made on or after the date specified under section 90(2)(b)
2: However, a surveillance agency may apply to the High Court for an order under section 97
3: No person other than a surveillance agency (or an employee or other person acting on its behalf) may make an application for an order under section 92 97 Compliance orders
92: Power of High Court to order compliance
1: If a person has not complied with any of the duties under this Act and the non-compliance is serious, the High Court may, for either or both of the purposes specified in subsection (2), make a compliance order requiring that person—
a: to do any specified thing; or
b: to cease any specified activity.
2: The purposes are—
a: to remedy, mitigate, or avoid any adverse effects arising or likely to arise from any non-compliance with the duties referred to in subsection (1):
b: to prevent any further non-compliance with those duties.
3: A compliance order may be made on the terms and conditions that the High Court thinks fit, including the provision of security or the entry into a bond for performance.
93: Right to be heard
Before deciding an application for a compliance order, the High Court must—
a: hear the applicant; and
b: hear any person against whom the order is sought who wishes to be heard.
94: Decision on application
After considering an application for a compliance order, the High Court may—
a: make a compliance order under section 92
b: refuse the application.
95: Appeals to Court of Appeal
1: A party to a proceeding relating to an application for a compliance order or any other person prejudicially affected may, with the leave of the Court of Appeal, appeal to that court if the High Court—
a: has made or refused to make a compliance order; or
b: has otherwise finally determined or has dismissed the proceedings.
2: On an appeal to the Court of Appeal under this section, the Court of Appeal has the same power to adjudicate on the proceedings as the High Court had.
96: Effect of appeal
Except where the Court of Appeal otherwise directs,—
a: the operation of a compliance order is not suspended by an appeal under section 95
b: every compliance order may be enforced in the same manner and in all respects as if that appeal were not pending. Pecuniary penalty orders
97: Pecuniary penalty for contravention of duties or compliance order
1: This section applies if the High Court is satisfied, on the application of a surveillance agency, that a person—
a: has not complied with any of the duties under this Act and that the non-compliance is serious; or
b: has acted in contravention of a compliance order.
2: The court may order the person to pay to the Crown any pecuniary penalty that the court determines to be appropriate.
3: Proceedings under this section may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered.
98: Amount of pecuniary penalty
1: The amount of any pecuniary penalty under section 97
2: In the case of a continuing contravention of a compliance order, the High Court may, in addition to any pecuniary penalty ordered to be paid under section 97
99: Considerations for court in determining pecuniary penalty
In determining an appropriate pecuniary penalty, the High Court must have regard to all relevant matters, including—
a: the purposes of this Act; and
b: the nature and extent of the contravention; and
c: the nature and extent of any loss or damage suffered by any person, or gains made or losses avoided by the person in contravention, because of the contravention; and
d: the circumstances in which the contravention took place; and
e: whether or not the person in contravention has previously been found by the court in proceedings under this Act, or any other enactment, to have engaged in any similar conduct. Civil proceedings
100: Rules of civil procedure and civil standard of proof apply
1: The proceedings under this subpart are civil proceedings, and the usual rules of court and rules of evidence and procedure for civil proceedings apply (including the standard of proof).
2: This section is subject to subpart 8
8: Protecting classified information
101: Application of subpart
This subpart applies to any proceedings in a court relating to the administration or enforcement of this Act.
102: Classified security information and other terms defined
1: In this subpart, classified security information
a: that is relevant to any proceedings in a court that relate to the administration or enforcement of this Act (or to any intended proceedings); and
b: that is held by a surveillance agency; and
c: that the head of the surveillance agency certifies in writing cannot be disclosed except to the extent provided in this subpart because, in the opinion of the head of the surveillance agency,—
i: the information is information of a kind specified in subsection (2); and
ii: disclosure of the information would be disclosure of a kind specified in subsection (3).
2: Information falls within subsection (1)(c)(i) if it—
a: might lead to the identification of, or provide details of, the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the surveillance agency; or
b: is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in relation to any of the functions of the surveillance agency; or
c: has been provided to the surveillance agency by the government of another country or by an agency of a government of another country or by an international organisation, and is information that cannot be disclosed by the surveillance agency because the government or agency or organisation by which the information has been provided will not consent to the disclosure.
3: Disclosure of information falls within subsection (1)(c)(ii) if the disclosure would be likely—
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country or any agency of such a government, or by any international organisation; or
c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
d: to endanger the safety of any person.
4: In this subpart,— non-Crown party intended party section 105(1)(a)(i) intended proceedings section 105(1)(a)(ii) representative special advocate section 105(2)
103: Obligation to provide court with access to classified security information
1: The Crown must, after proceedings are commenced, provide the court with access to the classified security information that is relevant to those proceedings.
2: If a special advocate is appointed before proceedings are commenced, the Crown must provide the court with access to the classified security information that is relevant to the intended proceedings.
3: The court must keep confidential and must not disclose any information provided as classified security information, even if it considers that the information does not meet the criteria set out in section 102(2)
4: Subsection (3) applies both during and after completion of the proceedings.
104: Court orders
1: The court may, in order to comply with section 103(3)
a: an order forbidding publication of any report or account of the whole or any part of the evidence adduced or the submissions made in the proceedings:
b: an order forbidding the publication of the name of any witness or witnesses, or any name or particulars likely to lead to the identification of any witness or witnesses:
c: an order forbidding the publication of classified security information or information about classified security information:
d: an order excluding any person from the whole or any part of the court's proceedings, including—
i: the non-Crown party or the non-Crown party's representative; or
ii: staff of the court.
2: An order made under subsection (1)—
a: may be made for a limited period or permanently; and
b: if it is made for a limited period, may be renewed for a further period or periods by the court; and
c: if it is made permanently, may be reviewed by the court at any time.
105: Appointment of special advocate
1: This section applies if—
a: it appears to a court that—
i: a person (the intended party
ii: the intended party has notified the Crown that the party intends to commence those proceedings and that the party will apply for the appointment of a special advocate; or
b: proceedings have been commenced and information presented, or proposed to be presented, in those proceedings includes classified security information; or
c: proceedings have been commenced but the non-Crown party’s claim cannot be fully particularised without the non-Crown party being able to consider classified security information.
2: The court may, on the application of an intended party or non-Crown party, appoint a barrister or solicitor as a special advocate to represent the intended party’s or the non-Crown party's interests on the terms that the court may direct if the court is satisfied that it is necessary to do so in order to ensure either or both of the following:
a: that the intended party can properly prepare and commence proceedings:
b: that a fair hearing will occur.
3: The court must, before appointing a person as a special advocate, be satisfied that the person—
a: holds an appropriate security clearance that allows the person to see information that is or may be classified security information; and
b: is suitably qualified and experienced to fulfil the role of a special advocate.
4: A special advocate appointed to represent an intended party may, after the proceedings are commenced, continue to act as the special advocate on behalf of that person (as a non-Crown party), subject to the terms that the court may direct.
5: The court may make directions as to the terms of the appointment, and on the matters referred to in sections 108 109(3)
6: The appointment of a special advocate does not create an obligation requiring the intended party to commence proceedings.
7: The surveillance agency to which the proceedings or intended proceedings relate must meet the actual and reasonable costs of a special advocate on a basis—
a: agreed between the special advocate and the head of the surveillance agency; or
b: determined by the court (in default of agreement).
106: Nomination of person for appointment
1: Each of the following may nominate a barrister or solicitor to be appointed as the special advocate:
a: the Crown:
b: the intended party or the non-Crown party (as the case may be).
2: The court may appoint a person nominated under subsection (1) or another person.
107: Role of special advocates
1: The role of a special advocate is to represent an intended party or a non-Crown party.
2: In particular, a special advocate may—
a: prepare and commence proceedings on behalf of the person:
b: examine and cross-examine witnesses:
c: make oral and written submissions to the court:
d: assist in the settlement of the proceedings.
3: At all times, a special advocate must act in accordance with his or her duties as an officer of the High Court.
4: A special advocate must keep confidential and must not disclose classified security information, except as expressly provided or authorised under this Act.
108: Court may provide access to classified security information to special advocate
1: A special advocate may, before or after the commencement of proceedings, apply to the court for access to the classified security information.
2: The court may provide access to the classified security information to the special advocate on the terms that the court may direct.
109: Communication between special advocate and other persons
1: A special advocate may communicate with the relevant party or the relevant party's representative on an unlimited basis until the special advocate has been provided with access to the classified security information.
2: After the special advocate has been given access to the classified security information, he or she must not communicate with any person about any matter connected with the classified security information except in accordance with this section.
3: A special advocate who, after having been given access to the classified security information, wishes to communicate with the relevant party, the relevant party's representative, or any other person not referred to in subsection (4) may do so on the terms that the court may direct.
4: A special advocate may, without the approval of the court, communicate about any matter connected with the classified security information with—
a: the court:
b: the Crown's security-cleared representative:
c: the head of the surveillance agency to which the proceedings relate, or the surveillance agency’s security-cleared representative.
5: In this section, relevant party
110: Protection of special advocates from liability
1: To the extent that a special advocate is acting in accordance with the requirements of this Act, he or she is not guilty of—
a: misconduct within the meaning of section 7 9
b: unsatisfactory conduct within the meaning of section 12
2: This subpart applies despite the requirements of any practice rules made and approved under the Lawyers and Conveyancers Act 2006
3: No person is personally liable for any act done or omitted to be done in good faith, in his or her capacity as a special advocate, in accordance with the requirements or provisions of this Act.
111: Other matters relating to procedure in proceedings involving classified security information
1: The court must determine the proceedings on the basis of information available to it (whether or not that information has been disclosed to or responded to by all parties to the proceedings).
2: If information presented, or proposed to be presented, in the proceedings by the Crown includes classified security information,—
a: except where proceedings are before the Court of Appeal or the Supreme Court, the proceedings must be heard and determined by the Chief High Court Judge, or by 1 or more Judges nominated by the Chief High Court Judge, or both; and
b: the court must, on a request by the Attorney-General and if satisfied that it is necessary to do so for the protection of (either all or part of) the classified security information, receive or hear (the relevant part or all of) the classified security information in the absence of all or any of—
i: the non-Crown party; and
ii: the barristers or solicitors (if any) representing the non-Crown party; and
iii: journalists; and
iv: members of the public.
3: Without limiting subsection (2),—
a: the court may approve a summary of the classified security information that is presented by the Attorney-General except to the extent that a summary of any particular part of the information would itself involve disclosure that would be likely to prejudice the interests referred to in section 102(3)
b: on being approved by the court, a copy of the summary must be given to the non-Crown party.
4: Subsections (1) to (3) apply despite any enactment or rule of law to the contrary.
112: Nothing in this subpart limits other rules of law that authorise or require withholding of document, etc
Nothing in this subpart limits section 27
113: Ancillary general practices and procedures to protect classified security information
1: Any general practices and procedures that may be necessary to implement the procedures specified in this subpart and to ensure that classified security information is protected in all proceedings to which this subpart applies must be agreed between the Chief Justice and the Attorney-General as soon as practicable after the commencement of this section, and revised from time to time.
2: General practices and procedures may be agreed under subsection (1) on the following matters:
a: measures relating to the physical protection of the information during all proceedings to which this subpart relates:
b: the manner in which the information may be provided to the court:
c: measures to preserve the integrity of the information until any appeals are withdrawn or finally determined.
3: Subsection (2) does not limit subsection (1).
9: Miscellaneous provisions
Costs
114: Costs of interception capability on public telecommunications network or telecommunications service
The costs of developing, installing, and maintaining an interception capability on a public telecommunications network or a telecommunications service must be paid for by the network operator concerned.
115: Costs incurred in assisting surveillance agencies
1: A surveillance agency must pay for the actual and reasonable costs incurred by a network operator or a service provider in providing assistance to the agency under section 24
2: A surveillance agency must pay the costs referred to in subsection (1) by the date specified for payment, whether in an invoice or other appropriate document given to the agency by a network operator or a service provider, being a date not less than 1 month after the date of the invoice or other appropriate document.
3: This section—
a: does not apply to a network operator that is complying with duties only under section 11
b: is subject to section 116
116: Surveillance agency not required to pay costs
1: This section applies if a surveillance agency believes on reasonable grounds that—
a: a network operator has not complied with any of the duties under this Act; and
b: the non-compliance has—
i: materially increased the costs incurred by the agency in the execution of an interception warrant or authority; or
ii: materially increased the time that would otherwise be required to execute an interception warrant or authority; or
iii: otherwise materially prejudiced the agency in executing an interception warrant or authority.
2: The surveillance agency is not required to pay the costs referred to in section 115 section 24
3: In this section, interception warrant or authority
117: Dispute about costs must be referred to mediation or arbitration
1: This section applies to any dispute between a surveillance agency and a network operator or a service provider about the reasonableness of the costs under section 115 section 24
2: If a dispute to which this section applies is unable to be resolved by agreement between the parties, the dispute must be referred to—
a: mediation; or
b: if the parties are unable to resolve the dispute at mediation, arbitration.
3: If a dispute is referred to arbitration under subsection (2)(b), the provisions of the Arbitration Act 1996 Protection from liability
118: Protection from liability
1: This section applies to—
a: every network operator; and
b: every service provider; and
c: every surveillance agency and the Director; and
d: the Registrar and every other designated officer; and
e: every person employed or engaged by a person referred to in paragraphs (a) to (d).
2: No person to whom this section applies is liable for an act done or omitted to be done in good faith—
a: in the performance or intended performance of a duty imposed by or under this Act; or
b: in the exercise or intended exercise of a function or power conferred by or under this Act.
3: This section does not apply in relation to compliance with a direction given under section 57
4: Nothing in this section limits any immunity under any other enactment. Other miscellaneous provisions
119: Notices
1: A notice served for the purposes of this Part must—
a: be in writing; and
b: be signed by a designated officer, the Director, or by any person purporting to act with the authority of a surveillance agency; and
c: be served in accordance with section 120
2: All documents purporting to be signed by a designated officer, the Director, or by or on behalf of a surveillance agency must, in all courts and in all proceedings under this Act, be treated as having been so signed with due authority unless the contrary is proved.
120: Service of notices
1: Any notice required or authorised to be served on any person for the purposes of this Part may—
a: be served on a company, within the meaning of the Companies Act 1993
b: be served on an overseas company in a manner provided for in section 390
c: be served on any other body corporate in a manner in which it could be served if the body corporate were a company within the meaning of the Companies Act 1993
d: be served on an individual—
i: by delivering it personally or by an agent (such as a courier) to the person; or
ii: by sending it by post addressed to the person at the person's usual or last known place of residence or business; or
iii: by sending it by fax or email to the person's fax number or email address provided by the person for the purpose; or
iv: in any other manner that a High Court Judge directs.
2: Section 392
3: In the absence of proof to the contrary, a notice, document, or notification sent to a person in accordance with—
a: subsection (1)(d)(ii) must be treated as having been served on the person when it would have been delivered in the ordinary course of post, and, in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted:
b: subsection (1)(d)(iii) must be treated as having been served on the person on the second working day after the date on which it is sent.
4: If a person is absent from New Zealand, a notice served on the person's agent in New Zealand in accordance with subsection (1) must be treated as having been served on the person.
121: Powers not limited
This Act does not limit any power that a surveillance agency or any other person has under any other enactment.
122: Repeal
The Telecommunications (Interception Capability) Act 2004 2014-05-11 Telecommunications (Interception Capability) Act 2004
123: Consequential amendments
Amend the enactments specified in the Schedule 2014-05-11 Crimes Act 1961 Films, Videos, and Publications Classification Act 1993 Income Tax Act 2007 National Animal Identification and Tracing Act 2012 New Zealand Security Intelligence Service Act 1969 Search and Surveillance Act 2012 Telecommunications Act 2001
124: Savings provision for exemptions
1: An exemption granted under section 11
a: continues in force on the same terms and conditions (including as to expiry) as if granted under section 29
b: may be amended or revoked under that section.
2: For the purposes of subsection (1), an exemption from the requirements of a provision of the Telecommunications (Interception Capability) Act 2004 2004 Act provision
125: Transitional provision relating to network operators
If a network operator has, at the date of first registration, less than 4 000 customers,—
a: section 13(2)
i: the network operator keeps a record of the number of customers it has each month in accordance with section 13(6)
ii: the network operator maintains, from the date of first registration, an average of less than 4 000 customers over each 6-month period; and
b: section 13(3) and (4)
126: Regulations relating to time frames that apply to Director under Part 3
1: The Governor-General may, by Order in Council, on the recommendation of the Minister responsible for the Government Communications Security Bureau, make regulations—
a: prescribing, in relation to any decision that the Director must make or steps that the Director must take for the purpose of exercising a function or power under Part 3
b: allowing the Director to extend a time prescribed under paragraph (a) for a reasonable period after having regard to the circumstances and being satisfied that any criteria prescribed under paragraph (c) apply:
c: prescribing criteria relating to an extension referred to in paragraph (b):
d: providing for any other requirements that apply in relation to an extension referred to in paragraph (b).
2: The Minister responsible for the Government Communications Security Bureau must consult the Minister before recommending the making of regulations under subsection (1).
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 126(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
127: Regulations
1: The Governor-General may, by Order in Council, make regulations providing for any 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 127(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 |
DLM5616800 | 2013 | Family Dispute Resolution Act 2013 | 1: Title
This Act is the Family Dispute Resolution Act 2013.
2: Commencement
1: This Act (except sections 12 13
2: Sections 12 13
3: An order under this section is secondary legislation ( see Part 3 OIC LI 2014/93 2014-03-31 Family Dispute Resolution Act 2013 re section 2(2): sections 12 and 13 come into force on 31 March 2014. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation 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 31 March 2014 clause 2 Family Dispute Resolution Act Commencement Order 2014 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Preliminary provisions
3: Purposes
The purposes of this Act are—
a: to require the use of family dispute resolution in specified family disputes:
b: to provide for operational measures required for the use of family dispute resolution.
4: Interpretation
In this Act,— approved dispute resolution organisation section 6 family dispute section 46F(1) family dispute resolution
a: assisting parties to a family dispute to resolve the dispute without having to pursue court proceedings; and
b: ensuring that the parties' first and paramount consideration in reaching a resolution is the welfare and best interests of the children family dispute resolution form section 12(2), (4), (6), or (8) family dispute resolution provider FDR provider section 9 family violence section 9 Secretary Section 4 domestic violence repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 4 family violence inserted 1 July 2019 section 259(1) Family Violence Act 2018
5: Act binds the Crown
This Act binds the Crown. Dispute resolution organisations
6: Approval of dispute resolution organisations
1: The Secretary may, by notice in the Gazette
2: In deciding whether to approve an organisation under subsection (1), the Secretary must apply any criteria prescribed by regulations made under section 15(a)
3: An approval under subsection (1) may be made on any terms and conditions prescribed by regulations made under section 15(b)
7: Suspension or cancellation of approval of dispute resolution organisations
1: The Secretary may, by notice in the Gazette section 15(c)
2: If under subsection (1) the Secretary suspends the approval of an organisation, the organisation is not an approved dispute resolution organisation during the period for which the approval is suspended.
8: Effect of suspension or cancellation on FDR providers appointed by dispute resolution organisation
1: If the approval of an organisation as an approved dispute resolution organisation is suspended under section 7 suspension period
a: every appointment of an FDR provider made by the organisation under section 9(1)
b: all terms or conditions of an appointment continue to apply in respect of that appointment.
2: If the approval of an organisation as an approved dispute resolution organisation is cancelled under section 7
a: every appointment of an FDR provider made by the organisation under section 9(1)
b: the Secretary may—
i: perform oversight in respect of those FDR providers; or
ii: enter into an agreement with 1 or more other approved dispute resolution organisations for the performance of oversight in respect of those FDR providers. Family dispute resolution providers
9: Appointment of FDR providers
1: The Secretary or an approved dispute resolution organisation may appoint a person as a family dispute resolution provider if that person is qualified and competent to provide services intended to resolve family disputes.
2: In deciding whether a person meets the criteria in subsection (1), the Secretary or approved dispute resolution organisation must apply the qualification and competency requirements prescribed by regulations made under section 15(d) and (e)
3: An appointment under subsection (1) may be made on any terms and conditions that the Secretary or the approved dispute resolution organisation (as the case may be) thinks fit.
10: Suspension or cancellation of appointment of FDR providers
1: The Secretary may, on any ground prescribed by regulations made under section 15(f)
2: An approved dispute resolution organisation may, on any ground prescribed by regulations made under section 15(f)
11: Duties of FDR providers
1: An FDR provider must determine whether it is appropriate to start family dispute resolution for a family dispute.
2: If an FDR provider determines that it is appropriate to start family dispute resolution for a family dispute, the FDR provider must make every endeavour to—
a: identify the matters in issue between the parties; and
b: facilitate discussion between the parties in respect of those matters; and
c: assist the parties to reach an agreement on the resolution of those matters that best serves the welfare and best interests of all children involved in the dispute. Family dispute resolution forms
12: Family dispute resolution forms
1: Subsection (2) applies when an FDR provider decides that it is inappropriate to start or continue family dispute resolution for a family dispute because—
a: at least 1 of the parties to the family dispute is unable to participate effectively in family dispute resolution; or
b: at least 1 of the parties to the family dispute, or a child of one of the parties, has been subject to family violence
c: a situation exists that gives the FDR provider reasonable grounds for deciding that family dispute resolution is inappropriate for the parties to the family dispute.
2: The FDR provider must give each of the parties to the family dispute a form that states that family dispute resolution is inappropriate for the dispute.
3: Subsection (4) applies when an FDR provider decides that it is inappropriate to start or continue with family dispute resolution for a family dispute because 1 of the parties to the family dispute refuses to attend or to continue to attend family dispute resolution.
4: The FDR provider must give every other party to the family dispute a form that states that family dispute resolution was not possible because 1 party refused to attend or to continue to attend family dispute resolution.
5: Subsection (6) applies when an FDR provider decides that a family dispute with which the provider is dealing is unable to be resolved within a reasonable time.
6: The FDR provider must give each of the parties to the family dispute a form that states—
a: the matters on which the parties reached, and did not reach, resolution while the FDR provider was dealing with the dispute; and
b: if proceedings are commenced, or have been commenced, whether, in the opinion of the provider,—
i: a settlement conference would be likely to facilitate settlement of the matters on which the parties did not reach resolution; and
ii: at least 1 of the parties would need legal representation at a settlement conference in order to participate effectively in that hearing.
7: Subsection (8) applies when an FDR provider and the parties agree that resolution has been reached on all matters in dispute.
8: The FDR provider must give each of the parties to the family dispute a form that states—
a: all of the matters on which resolution has been reached; and
b: the agreement reached in respect of those matters.
9: An FDR provider cannot be required to attend court to explain the opinion of the FDR provider given under subsection (6)(b). Section 12(1)(b) amended 1 July 2019 section 259(1) Family Violence Act 2018
13: Provision of family dispute resolution forms to court
1: If the parties have attended family dispute resolution pursuant to a direction made under section 46F section 12(2), (4), (6), or (8)
2: In any other case where the parties have attended family dispute resolution and proceedings have been commenced, the FDR provider must send to the court a copy of the form given to the parties under section 12(2), (4), (6), or (8)
a: requested to do so by the court; and
b: the request is received by the FDR provider no more than 12 months after completion of the family dispute resolution. Miscellaneous
14: Privilege
1: This section applies to a statement that a party to a family dispute makes to an FDR provider for the purpose of enabling the FDR provider to deal with the dispute.
2: No evidence of the statement is admissible in any court or before any person acting judicially, unless the statement is recorded in a family dispute resolution form.
3: An FDR provider commits an offence and is liable on conviction to a fine not exceeding $500 who discloses to any other person a statement made to the provider for the purpose of enabling the provider to deal with a family dispute.
4: However, an FDR provider does not commit an offence under subsection (3) if the disclosure of the statement is authorised by the person who made the statement.
15: Regulations
1: The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing for the purposes of section 6(2)
b: prescribing for the purposes of section 6(3)
c: prescribing for the purposes of section 7
i: that the approval was given on the basis of information that was false or misleading in a material respect:
ii: that the organisation no longer satisfies any criteria for approval prescribed by regulations made under paragraph (a):
iii: that the organisation has requested the suspension or cancellation of the approval:
iv: that the organisation has been wound up or dissolved, or has otherwise ceased to exist:
v: that the organisation has breached a term or condition on which the organisation's approval was made:
d: prescribing for the purposes of section 9(2)
i: to be a member of a specified professional body:
ii: to have a specified qualification:
iii: to have a specified level of dispute resolution experience:
e: prescribing for the purposes of section 9(2)
f: prescribing for the purposes of section 10
i: was appointed on the basis of information that was false or misleading in a material respect:
ii: no longer meets the qualification and competency requirements for appointment prescribed by regulations made under paragraph (d):
iii: has become disqualified from appointment as an FDR provider by reason of any matter prescribed by regulations made under paragraph (e):
iv: has breached a term or condition on which the FDR provider's appointment was made.
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 15(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 |
DLM5620000 | 2013 | Births, Deaths, Marriages, and Relationships Registration Amendment Act (No 2) 2013 | 1: Title
This Act is the Births, Deaths, Marriages, and Relationships Registration Amendment Act (No 2) 2013.
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 Births, Deaths, Marriages, and Relationships Registration Act 1995 principal Act 2013-12-05 Births, Deaths, Marriages, and Relationships Registration Act 1995
4: Section 89A amended (Electronic transactions)
After section 89A(2)
2A: A requirement for a court or its Registrar to give notice (in the case of section 23), or to send a certificate (in the case of section 59, 60, 62E, or 62F), to the Registrar-General is satisfied by the Ministry of Justice providing the Registrar-General with the required information by electronic means.
2B: To avoid doubt,—
a: the Ministry of Justice satisfies the requirements of subsection (2A) by providing the information required in the notice or certificate (as the case may be), and is not required to provide the actual notice or certificate (whether by electronic means or otherwise):
b: the obligation for a court or its Registrar to give the notice or certificate referred to in subsection (2A) ceases only when the Ministry of Justice has provided the information in accordance with that subsection. |
DLM4921601 | 2013 | Resource Management Amendment Act 2013 | 1: Title
This Act is the Resource Management Amendment Act 2013.
2: Commencement
1: Part 1
2: Part 2
a: on the day after the date on which this Act receives the Royal assent, for the purposes of the preparation of the first Auckland combined plan under Part 4
b: on the day that is 3 months after the date on which this Act receives the Royal assent, for all other purposes.
3: Part 3
4: However, if any provision is not in force by the day that is 18 months after the date on which this Act receives the Royal assent, it comes into force on that day.
3: Principal Act
This Act amends the Resource Management Act 1991 principal Act 2013-09-04 Resource Management Act 1991 Part 1 comes into force on 4 September 2013. 2013-12-03 Resource Management Act 1991 Part 2 comes into force on 3 December 2013 s(2)(b) , except [for the purposes of the preparation of the first Auckland combined plan under Part 4 of the Local Government (Auckland Transitional Provisions) Act 2010]:. See s 2(2)(a). Part 2 was compiled on the same date as Part 1 with special wording in the history note. On 3 December 2013, remove that special wording from the history notes in Part 2. — GM 2015-03-03 Resource Management Act 1991 Part 3 comes into force on 3 March 2015, unless brought into force earlier by OIC. See s 2(3) & (4).
1: Amendments that commence day after Royal assent
4: Section 2 amended (Interpretation)
In section 2(1) planning document
5: Section 29 amended (Delegation of functions by Ministers)
1: After section 29(4)
4A: The Minister of Conservation may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties—
a: under section 149ZD(4); and
b: under sections 357B(b), 357C, and 357D, in relation to a delegation to which paragraph (a)
2: In section 29(5) subsection (4) or (4A)
6: Section 32A amended (Failure to carry out evaluation)
In section 32A(1) Schedule 1 or a submission under section 49 section 49, 149E, 149F, or 149O or under Schedule 1
7: Section 35 amended (Duty to gather information, monitor, and keep records)
1: Replace section 35(2)(a)
a: the state of the whole or any part of the environment of its region or district—
i: to the extent that is appropriate to enable the local authority to effectively carry out its functions under this Act; and
ii: in addition, by reference to any indicators or other matters prescribed by regulations made under this Act, and in accordance with the regulations; and .
2: In section 35(5)(ga) 95 to 95F 95 to 95G
8: Section 35A amended (Duty to keep records about iwi and hapu)
After section 35A(6)
7: Information required to be provided under this section must be provided in accordance with any prescribed requirements.
9: Section 39 amended (Hearings to be public and without unnecessary formality)
After section 39(2)
3: Despite subsection (2), nothing in paragraph (c) or (d) of that subsection applies to a board of inquiry appointed under section 149J.
10: Section 42A amended (Reports to local authority)
Replace section 42A(1)
1: At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a local authority (as local authority is defined in section 42(6)(b)) may require preparation of a report on information provided on any matter described in section 39(1) by the applicant or any person who made a submission.
1AA: The local authority may—
a: require an officer of the local authority to prepare the report; or
b: commission a consultant or any other person employed for the purpose to prepare the report.
11: Section 53 amended (Changes to or review or revocation of national policy statements)
In section 53
2: The Minister may, without using a process referred to in subsection (1), amend a national policy statement if the amendment is of minor effect or corrects a minor error.
12: Section 76 amended (District rules)
Replace section 76(4A) and (4B)
4A: A rule may prohibit or restrict the felling, trimming, damaging, or removal of a tree or trees on a single urban environment allotment only if, in a schedule to the plan,—
a: the tree or trees are described; and
b: the allotment is specifically identified by street address or legal description of the land, or both.
4B: A rule may prohibit or restrict the felling, trimming, damaging, or removal of trees on 2 or more urban environment allotments only if—
a: the allotments are adjacent to each other; and
b: the trees on the allotments together form a group of trees; and
c: in a schedule to the plan,—
i: the group of trees is described; and
ii: the allotments are specifically identified by street address or legal description of the land, or both.
4C: In subsections (4A) and (4B) group of trees urban environment allotment allotment
a: that is no greater than 4 000 m 2
b: that is connected to a reticulated water supply system and a reticulated sewerage system; and
c: on which there is a building used for industrial or commercial purposes or as a dwellinghouse; and
d: that is not reserve (within the meaning of section 2(1) of the Reserves Act 1977) or subject to a conservation management plan or conservation management strategy prepared in accordance with the Conservation Act 1987 or the Reserves Act 1977.
4D: To avoid doubt, subsections (4A) and (4B)
a: regardless of whether the tree, trees, or group of trees is, or the allotment or allotments are, also identified on a map in the plan; and
b: regardless of whether the allotment or allotments are also clad with bush or other vegetation.
13: Section 87E amended (Consent authority’s decision on request)
1: After section 87E(6)
6A: Despite the discretion to grant a request under subsection (5) or (6), if regulations have been made under section 360(1)(hm)
a: the consent authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
b: that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.
2: In section 87E(9) subsection (5) or (6) subsections (5) to (6A)
14: Section 87F amended (Consent authority's subsequent processing)
1: In section 87F(2) (5) (7)
2: In section 87F(4) may must
3: In section 87F(4)(b) application ; and
4: After section 87F(4)(b)
c: provide a summary of submissions received.
5: After section 87F(5)
6: The consent authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report.
7: In providing that assistance, the consent authority—
a: is a party to the proceedings; and
b: must be available to attend hearings to—
i: discuss or clarify any matter in its report:
ii: give evidence about its report:
iii: discuss submissions received and address issues raised by the submissions:
iv: provide any other relevant information requested by the court.
15: Section 87G amended (Environment Court determines application)
1: Replace section 87G(2)
2: The application is referred to the Environment Court by the applicant,—
a: within 10 working days after receiving the report, lodging with the Environment Court a notice of motion in the prescribed form applying for the grant of the resource consent (or the change or cancellation of the condition) and specifying the grounds upon which the application for the grant of the resource consent (or the change or cancellation of the condition) is made, and a supporting affidavit as to the matters giving rise to that application; and
b: as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on—
i: the consent authority that granted the applicant's request under section 87D; and
ii: every person who made a submission to the authority on the application; and
c: telling the Registrar of the Environment Court by written notice when the copies have been served.
2: In section 87G(4) notice of motion , and any person who has made a submission to the consent authority on the application and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section
3: In section 87G(5) Part 11 applies Parts 11 and 11A apply
16: Section 95B amended (Limited notification of consent application)
1: Replace section 95B(1)
1: If a consent authority does not publicly notify an application for a resource consent for an activity, it must decide (under sections 95E to 95G) whether there is any affected person, affected protected customary rights group, or affected customary marine title group in relation to the activity.
2: In section 95B(3) affected customary title group affected customary marine title group
17: Section 104 amended (Consideration of applications)
In section 104(2B) the scope of a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011
18: Cross-heading above section 104E repealed
Repeal the cross-heading above section 104E
19: Section 130 amended (Public notification, submissions, and hearing, etc)
In section 130(3) and (5)(a) 95 to 95F 95 to 95G
20: Section 133A amended (Minor corrections of resource consents)
In section 133A 15 20
21: Section 142 amended (Minister may call in matter that is or is part of proposal of national significance)
1: After section 142(6)
6A: When requesting the Minister to call in a matter (by making a direction under subsection (2)), a local authority or an applicant must at the same time serve the other party (the local authority or the applicant, as the case may be) with notice of the request.
2: After section 142(7)
8: The Minister must not make a direction under subsection (2)(b) if section 149C(2)(a) or (b) applies (which relates to a request for the preparation of a regional plan or a request for a change to a plan).
22: Section 146 amended (EPA to recommend course of action to Minister)
After section 146(5),
6: The EPA must not recommend to the Minister that he or she make a direction under section 147(1)(b) if section 149C(2)(a) or (b) applies (which relates to a request for the preparation of a regional plan or a request for a change to a plan).
23: Section 147 amended (Minister makes direction after EPA recommendation)
After section 147(7)
8: The Minister must not make a direction under subsection (1)(b) if section 149C(2)(a) or (b) applies (which relates to a request for the preparation of a regional plan or a request for a change to a plan).
24: Section 149 amended (EPA may request further information or commission report)
Replace section 149(1)
1: Subsection (2) applies to a matter if—
a: the matter has been lodged with the EPA under section 145; or
b: a request relating to the matter has been made by a local authority or an applicant for a direction under section 142(1)(b); or
c: the Minister decides, at his or her own initiative, to apply section 142.
25: Section 149J amended (Minister to appoint board of inquiry)
In section 149J(2) decide the matter and to complete the performance or exercise of its functions, duties, and powers in relation to the matter (including any appeals in relation to the matter that are filed in any court)
26: Section 149L amended (Conduct of inquiry)
After section 149L(4)(c)
d: without limiting sections 39, 40 to 41C, 99, and 99A,—
i: may direct that a conference of a group of experts be held:
ii: may direct that a conference be held of submitters who wish to be heard at the hearing, the applicant, and any relevant local authority, or any of them.
27: Section 149M amended (Process if matter is request for regional plan or change and particular circumstances apply)
Replace section 149M(4)(c)
c: the EPA must do anything required of it by sections 149F and 149O; and .
28: Section 149P amended (Consideration of matter by board)
1: In section 149P(6)(c) council ; and
2: After section 149P(6)(c)
d: must apply section 165H as if it were a regional council, if the matter involves a rule in a regional coastal plan or proposed regional coastal plan that relates to the allocation of space in a common marine and coastal area for the purposes of an activity.
29: Section 149R amended (Board to produce final report)
After section 149R(2)
2A: If the 9-month period ending on the deadline specified in subsection (2) includes any days that fall during the holiday period
2B: However, if the deadline specified in subsection (2) falls during the holiday period, then the deadline is deferred by 22 days.
30: New section 149RA inserted (Minor corrections of board decisions, etc)
After section 149R
149RA: Minor corrections of board decisions, etc
1: At any time during its term of appointment, a board of inquiry may issue an amendment to a decision, or an amended decision, that corrects minor mistakes or defects in any decision of the board, and this power includes the powers set out in subsections (2) to (4)
2: The board may correct a resource consent as if the board were a consent authority acting under section 133A (which applies within 20 working days of the grant of the resource consent).
3: The board may amend a proposed plan as if the board were a local authority acting under clause 16(2) of Schedule 1 before the earlier of the following:
a: the day on which the local authority approves the proposed plan under clause 17 of Schedule 1 or the day on which the Minister of Conservation approves the proposed regional coastal plan under clause 19 of Schedule 1, whichever applies:
b: the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired.
4: The board may correct a requirement before the earlier of the following:
a: the day on which the local authority includes the relevant designation or heritage order in its district plan and any proposed district plan under section 175(2):
b: the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired.
31: Section 149S amended (Minister may extend time by which board must report)
After section 149S(4)
5: The EPA must, on request by a board of inquiry, request the Minister to grant an extension under subsection (1) in relation to any matter before the board.
6: Subsection (5)
32: Section 149ZB amended (How EPA must deal with certain applications and notices of requirement)
In section 149ZB(3) 95A to 95F 95A to 95G
33: Section 149ZC amended (Minister to decide whether application or notice of requirement to be notified)
In section 149ZC(2) 95A to 95F 95A to 95G
34: Section 165ZFE amended (Processing of affected applications)
1: After section 165ZFE(4)
4A: Despite the discretion to grant a request under subsection (4), if regulations have been made under section 360(1)(hm)
a: the regional council must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
b: that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.
2: In section 165ZFE(7) Section 87F(4) and (5) Section 87F(4) to (6)
35: Section 168A amended (Notice of requirement by territorial authority)
In section 168A(1A) 95A to 95F 95A to 95G
36: Section 169 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)
In section 169(1), 95 to 95F 95 to 95G
37: Section 189A amended (Notice of requirement for heritage order by territorial authority)
In section 189A(2) 95A to 95F 95A to 95G
38: Section 190 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)
In section 190(1) 95 to 95F 95 to 95G
39: Section 198C amended (Territorial authority’s decision on request)
1: After section 198C(5)
5A: Despite the discretion to grant a request under subsection (4) or (5), if regulations have been made under section 360(1)(hm)
a: the territorial authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
b: that obligation to grant the request does not apply if the territorial authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.
2: In section 198C(8) subsection (4) or (5) subsections (4) to (5A)
40: Section 198D amended (Territorial authority's subsequent processing)
1: In section 198D(2) (5) (7)
2: In section 198D(4) may must
3: In section 198D(4)(b) (with or without modifications) ; and
4: After section 198D(4)(b)
c: provide a summary of submissions received.
5: After section 198D(5)
6: The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report.
7: In providing that assistance, the territorial authority—
a: is a party to the proceedings; and
b: must be available to attend hearings to—
i: discuss or clarify any matter in its report:
ii: give evidence about its report:
iii: discuss submissions received and address issues raised by the submissions:
iv: provide any other relevant information requested by the court.
41: Section 198E amended (Environment Court decides)
1: Replace section 198E(2)
2: The requirement is referred to the Environment Court by the requiring authority or heritage protection authority,—
a: within 10 working days after receiving the report, lodging with the Environment Court a notice of motion in the prescribed form applying for confirmation of the requirement and specifying the grounds upon which the application for confirmation is made, and a supporting affidavit as to the matters giving rise to that application; and
b: as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on—
i: the territorial authority that granted the requiring authority's or heritage protection authority's request under section 198B; and
ii: every person who made a submission to the territorial authority on the requirement; and
c: telling the Registrar of the Environment Court by written notice when the copies have been served.
2: In section 198E(4) notice of motion , and any person who has made a submission to the territorial authority on the requirement and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section
3: In section 198E(5) Part 11 applies Parts 11 and 11A apply
42: Section 198J amended (Territorial authority's subsequent processing)
1: In section 198J(1) (4) (6)
2: In section 198J(3) may must
3: In section 198J(3)(b) (with or without modifications) ; and
4: After section 198J(3)(b)
c: provide a summary of submissions received.
5: After section 198J(4)
5: The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report.
6: In providing that assistance, the territorial authority—
a: is a party to the proceedings; and
b: must be available to attend hearings to—
i: discuss or clarify any matter in its report:
ii: give evidence about its report:
iii: discuss submissions received and address issues raised by the submissions:
iv: provide any other relevant information requested by the court.
43: Section 198K amended (Environment Court decides)
1: Replace section 198K(1)
1: If the territorial authority continues to want the requirement to be determined by the Environment Court, the requirement is referred to the court by the territorial authority,—
a: within 10 working days after preparing the report, lodging with the Environment Court a notice of motion in the prescribed form applying for confirmation of the requirement and specifying the grounds upon which the application for confirmation is made, and a supporting affidavit as to the matters giving rise to that application; and
b: as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on every person who made a submission to the territorial authority on the requirement; and
c: telling the Registrar of the Environment Court by written notice when the copies have been served.
2: In section 198K(3) notice of motion , and any person who has made a submission to the territorial authority on the requirement and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section
3: In section 198K(4) Part 11 applies Parts 11 and 11A apply
44: Section 269 amended (Court procedure)
After section 269(1)
1A: However, the Environment Court must regulate its proceedings in a manner that best promotes their timely and cost-effective resolution.
45: Section 274 amended (Representation at proceedings)
1: After section 274(1)(d)
da: a person who has an interest in the proceedings that is greater than the interest that the general public has, but the person’s right to be a party is limited by section 308CA .
2: In section 274(2) to the Environment Court and to all other parties
3: After section 274(2)
2A: A notice given under subsection (2) must be given to—
a: the Environment Court; and
b: the relevant local authority; and
c: the appellant, in the case of an appeal, or the person who commenced proceedings, in any other case.
2B: The person giving notice under subsection (2) must, no later than 5 working days after the deadline for giving that notice, give the same notice to all other parties.
4: Replace section 274(7)
7: Subsections (2) to (2B) are subject to section 281.
46: Section 281B amended (Review of exercise of power by Registrar)
In section 281B(2) 5 10
47: Section 285 amended (Awarding costs)
After section 285(6)
7: The Environment Court may order an applicant to pay the costs and expenses that a consent authority or a territorial authority incurred in assisting the court in relation to a report provided by the authority under section 87F, 165ZFE(6), 198D, or 198J and that the court considers reasonable.
8: In deciding whether to make an order under subsection (7)
48: Section 308A amended (Identification of trade competitors and surrogates)
Replace section 308A(c)
c: person C
i: to bring an appeal or be a party to an appeal against a decision under this Act in favour of person B:
ii: to be a party to a proceeding before the Environment Court that was lodged by person B under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K.
49: New section 308CA inserted (Limit on representation at proceedings as party under section 274)
After section 308C
308CA: Limit on representation at proceedings as party under section 274
1: This section applies when person A wants to be a party under section 274 to a proceeding before the Environment Court under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K on the ground that person A has an interest in the proceedings that is greater than the interest that the general public has.
2: Person A may be a party to the proceeding only if directly affected by an effect of the subject matter of the proceeding that—
a: adversely affects the environment; and
b: does not relate to trade competition or the effects of trade competition.
50: Section 308D amended (Limit on appealing under this Act)
In section 308D Act , or become a party to a proceeding under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K,
51: Section 308E replaced (Prohibition on using surrogate)
Replace section 308E
308E: Prohibition on using surrogate
Person A must not, for any of the purposes in section 308D, directly or indirectly help person C—
a: to bring an appeal, or be a party to an appeal, against a decision under this Act in favour of person B:
b: to be a party to a proceeding before the Environment Court that was lodged by person B under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K.
52: Section 308F amended (Surrogate must disclose status)
1: Replace section 308F(a)
a: appears before the court—
i: as the appellant, or as a party to an appeal, against a decision under this Act in favour of person B:
ii: as a party to a proceeding before the Environment Court that was lodged by person B under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K; and .
2: In section 308F(b) to the appeal , or to be a party to the proceeding,
53: Section 308G amended (Declaration that Part contravened)
Replace section 308G(2) and (3)
2: The proceedings may be brought by any person (other than person A or person C) who was—
a: a party to an appeal against a decision under this Act in favour of person B; or
b: a party to a proceeding before the Environment Court that was lodged by person B under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K.
3: The proceedings must not be commenced until the appeal or proceedings referred to in subsection (2)
54: Section 310 amended (Scope and effect of declaration)
In section 310(h) 95 to 95F 95 to 95G
55: Section 318 amended (Right to be heard)
In section 318(b) heard , but only if that person notifies the Registrar that he or she wishes to be heard within 15 working days after the date on which he or she was notified of the application
56: Section 330 amended (Emergency works and power to take preventive or remedial action)
1: In section 330(1)(c) 167— 167; or
2: After section 330(1)(c)
ca: any service or system that any lifeline utility operates or provides— .
3: In section 330(1) or the authority or the network utility operator, , authority, network utility operator, or lifeline utility,
4: In section 330(1) or network utility operator network utility operator, or lifeline utility
5: After section 330(4)
5: In this section and section 330A, lifeline utility
57: Section 330A amended (Resource consents for emergency works)
In section 330A(1) and (2) or network utility operator network utility operator, or lifeline utility
58: New section 336 and cross-heading inserted
After section 335 Return of property
336: Return of property seized under sections 323 and 328
1: Where any property is seized and impounded under section 323 or 328 (which relate to failure to comply with an abatement notice to reduce noise or an excessive noise direction), the owner of the property or the person from whom it was seized may apply to the local authority, consent authority, or Police station where the property is held, at any time, to have the property returned to him or her.
2: Where an application is made under subsection (1)
a: satisfied that the return of the property is not likely to lead to a resumption of the emission of noise beyond a reasonable level; and
b: the applicant has paid all costs incurred by the local authority, consent authority, or Police in seizing, impounding, transporting, and storing the property.
3: Where the local authority, consent authority, or constable with authority to do so refuses to return the property for the reason specified in subsection (2)(a)
a: the reference to service of the abatement notice on the appellant were reference to any refusal under this section; and
b: the time limit for lodging the application were 6 months from the date of seizure.
4: The Environment Court, on an application under subsection (3)
a: order the return of the property subject to any conditions relating to the continued reduction of noise as it thinks fit; or
b: refuse the application for the return of the property.
5: Where—
a: any property seized under section 323 or 328 is not claimed within 6 months of its seizure; or
b: the return of the property has been refused under subsection (3)
c: the Environment Court has refused the return of the property under subsection (4)(b) the local authority, the consent authority, or the Police may dispose of the property in accordance with subsection (6)
6: Any local authority, consent authority, or constable wishing to dispose of property under subsection (5)
a: must give written notice to the person from whom the property was seized, where the person's address is known; and
b: may sell or cause the property to be otherwise disposed of; and
c: may, where any proceeds are realised, apply these to the payment of costs and expenses incurred in selling the property under this section and any costs incurred in seizing, impounding, transporting, and storing the property; and
d: must, on demand, pay the remainder of the proceeds to the person from whom the property was seized.
59: Section 357 amended (Right of objection against certain decisions)
In section 357(8) section 198C(4) or (5) section 198C(4) to (5A)
60: Section 357A amended (Right of objection to consent authority against certain decisions or requirements)
In section 357A(1)(e) section 87E(5) or (6) section 87E(5) to (6A)
61: Section 357C amended (Procedure for making and hearing objection under sections 357 to 357B)
In section 357C(3)(b) and (4)(b) give if the objection has not been resolved,
62: Section 360 amended (Regulations)
1: Replace section 360(1)(hk)
hk: prescribing, for the purposes of section 35(2)(a)(ii)
i: indicators or other matters by reference to which a local authority is required to monitor the state of the environment of its region or district:
ii: standards, methods, or requirements applying to the monitoring, which may differ depending on what is being monitored:
hl: requiring local authorities to provide information gathered under sections 35 and 35A to the Minister, and prescribing the content of the information to be provided and the manner in which, and time limits by which, it must be provided:
hm: prescribing, for the purposes of sections 87E, 165ZFE, and 198C,—
i: threshold amounts, which may differ for proposals of different types or in different locations; and
ii: matters to which an authority is required to have regard in determining whether exceptional circumstances exist: .
2: After section 360(2D)
2E: Regulations may be made under section 360(1)(hm)
63: Section 390C amended (Dealing with applications for permissions)
In section 390C(1)(a) and (2) 95 to 95F 95 to 95G
64: Section 391A amended (Resource consents following approval under Clean Air Act 1972)
In section 391A(2)(a) 95 to 95F 95 to 95G
65: Section 393 amended (Applications for Orders in Council to reclaim land and approval for harbour works)
In section 393(1)(e) 95 to 95F 95 to 95G
66: Section 409 amended (Financial contributions for developments)
In section 409(4) 95 to 95F 95 to 95G
67: New Part 16 inserted
After section 433
16: Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013
434: Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013
1: The transitional provisions set out in Schedule 12
2: The provisions relate to amendments made to this Act on or after the commencement of the Resource Management Amendment Act 2013
68: New Schedule 12 inserted
After Schedule 11 Schedule 12 Schedule 2 Consequential amendment
69: Resource Management (Simplifying and Streamlining) Amendment Act 2009
1: This section amends the Resource Management (Simplifying and Streamlining) Amendment Act 2009
2: Repeal section 152 2013-09-04 Resource Management (Simplifying and Streamlining) Amendment Act 2009
2: Amendments that commence 3 months after Royal assent (or day after Royal assent for certain purposes)
70: Section 32 replaced (Consideration of alternatives, benefits, and costs)
Replace section 32
32: Requirements for preparing and publishing evaluation reports
1: An evaluation report required under this Act must—
a: examine the extent to which the objectives of the proposal being evaluated are the most appropriate way to achieve the purpose of this Act; and
b: examine whether the provisions in the proposal are the most appropriate way to achieve the objectives by—
i: identifying other reasonably practicable options for achieving the objectives; and
ii: assessing the efficiency and effectiveness of the provisions in achieving the objectives; and
iii: summarising the reasons for deciding on the provisions; and
c: contain a level of detail that corresponds to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the proposal.
2: An assessment under subsection (1)(b)(ii)
a: identify and assess the benefits and costs of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions, including the opportunities for—
i: economic growth that are anticipated to be provided or reduced; and
ii: employment that are anticipated to be provided or reduced; and
b: if practicable, quantify the benefits and costs referred to in paragraph (a)
c: assess the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions.
3: If the proposal (an amending proposal existing proposal subsection (1)(b)
a: the provisions and objectives of the amending proposal; and
b: the objectives of the existing proposal to the extent that those objectives—
i: are relevant to the objectives of the amending proposal; and
ii: would remain if the amending proposal were to take effect.
4: If the proposal will impose a greater prohibition or restriction on an activity to which a national environmental standard applies than the existing prohibitions or restrictions in that standard, the evaluation report must examine whether the prohibition or restriction is justified in the circumstances of each region or district in which the prohibition or restriction would have effect.
5: The person who must have particular regard to the evaluation report must make the report available for public inspection—
a: as soon as practicable after the proposal is made (in the case of a standard or regulation); or
b: at the same time as the proposal is publicly notified.
6: In this section,— objectives
a: for a proposal that contains or states objectives, those objectives:
b: for all other proposals, the purpose of the proposal proposal provisions
a: for a proposed plan or change, the policies, rules, or other methods that implement, or give effect to, the objectives of the proposed plan or change:
b: for all other proposals, the policies or provisions of the proposal that implement, or give effect to, the objectives of the proposal.
32AA: Requirements for undertaking and publishing further evaluations
1: A further evaluation required under this Act—
a: is required only for any changes that have been made to, or are proposed for, the proposal since the evaluation report for the proposal was completed (the changes
b: must be undertaken in accordance with section 32(1) to (4)
c: must, despite paragraph (b) section 32(1)(c)
d: must—
i: be published in an evaluation report that is made available for public inspection at the same time as the approved proposal (in the case of a national policy statement or a New Zealand coastal policy statement), or the decision on the proposal, is publicly notified; or
ii: be referred to in the decision-making record in sufficient detail to demonstrate that the further evaluation was undertaken in accordance with this section.
2: To avoid doubt, an evaluation report does not have to be prepared if a further evaluation is undertaken in accordance with subsection (1)(d)(ii)
3: In this section, proposal
71: Section 32A amended (Failure to carry out evaluation)
1: In section 32A(1) section 32 has not been complied with an evaluation report required under this Act has not been prepared or regarded, a further evaluation required under this Act has not been undertaken or regarded, or section 32 or 32AA
2: Replace section 32A(2)
2: Subsection (1) does not prevent a person who is hearing a submission or an appeal on a proposal from having regard to the matters stated in section 32
3: In this section, proposal
a: an evaluation report must be prepared under this Act; or
b: a further evaluation must be undertaken under this Act.
72: Section 44 amended (Restriction on power to make national environmental standards)
1: After section 44(2)(b)
ba: to prepare an evaluation report for the standard in accordance with section 32 .
2: In section 44(2)(c) recommendation made in accordance with paragraph (b)(ii)
73: Section 46 amended (Proposed national policy statement)
1: In section 46(b) statement ; and
2: After section 46(b)
c: prepare an evaluation report for the proposed national policy statement in accordance with section 32
74: Section 46A amended (Minister chooses process)
Before section 46A(1)(b)(i)
iaaa: notifies the public and iwi authorities of the proposed national policy statement; and .
75: Section 52 amended (Consideration of recommendations and approval or withdrawal of statement)
Replace section 52(1)
1: The Minister,—
a: first, must consider a report and any recommendations made to him or her by a board of inquiry under section 51; and
b: secondly, may—
i: make any changes, or no changes, to the proposed national policy statement as he or she thinks fit; or
ii: withdraw all or part of the proposed national policy statement and give public notice of the withdrawal, including the reasons for the withdrawal; and
c: thirdly, must undertake a further evaluation of the proposed national policy statement in accordance with section 32AA
76: Section 61 amended (Matters to be considered by regional council (policy statements))
Replace section 61(1)
1: A regional council must prepare and change its regional policy statement in accordance with—
a: its functions under section 30; and
b: the provisions of Part 2; and
c: its obligation (if any) to prepare an evaluation report in accordance with section 32
d: its obligation to have particular regard to an evaluation report prepared in accordance with section 32
e: any regulations.
77: Section 66 amended (Matters to be considered by regional council (plans))
Replace section 66(1)
1: A regional council must prepare and change any regional plan in accordance with—
a: its functions under section 30; and
b: the provisions of Part 2; and
c: a direction given under section 25A(1); and
d: its obligation (if any) to prepare an evaluation report in accordance with section 32
e: its obligation to have particular regard to an evaluation report prepared in accordance with section 32
f: any regulations.
78: Section 74 amended (Matters to be considered by territorial authority)
Replace section 74(1)
1: A territorial authority must prepare and change its district plan in accordance with—
a: its functions under section 31; and
b: the provisions of Part 2; and
c: a direction given under section 25A(2); and
d: its obligation (if any) to prepare an evaluation report in accordance with section 32
e: its obligation to have particular regard to an evaluation report prepared in accordance with section 32
f: any regulations.
79: Section 143 amended (Restriction on when local authority may request call in)
In section 143 4 of Schedule 1 , and with clause 5(1)(a)
80: Section 165H amended (Regional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan)
1: After section 165H(1)
1A: The regional council must—
a: prepare a report summarising the matters required by subsection (1); and
b: make the report available for public inspection at the same time, or as soon as practicable after, the rule is included in the regional coastal plan or proposed regional coastal plan.
2: In section 165H(2) Section 32(1) to (3) Sections 32 and 32AA
81: Section 310 amended (Scope and effect of declaration)
In section 310(a)(i) imposed by section 32 under this Act to prepare and have particular regard to an evaluation report or to undertake and have particular regard to a further evaluation or imposed by section 32 or 32AA
82: Section 360B amended (Conditions to be satisfied before regulations made under section 360A)
1: In section 360B(2)(c)(iv) standard ; and
2: After section 360B(2)(c)
d: has prepared an evaluation report for the proposed regulations in accordance with section 32
83: Schedule 1, clause 5 amended
In Schedule 1
1: A local authority that has prepared a proposed policy statement or plan must—
a: prepare an evaluation report for the proposed policy statement or plan in accordance with section 32
b: publicly notify the proposed policy statement or plan if the local authority decides to proceed with the policy statement or plan.
84: Schedule 1, clause 10 amended
1: In Schedule 1
ab: must include a further evaluation of the proposed policy statement or plan undertaken in accordance with section 32AA .
2: In Schedule 1
aaa: have particular regard to the further evaluation undertaken in accordance with subclause (2)(ab) .
85: Schedule 1, clause 22 amended
In Schedule 1 evaluation under section 32 for any objectives, policies, rules, or other methods proposed evaluation report prepared in accordance with section 32
86: Schedule 1, clause 25 amended
In Schedule 1
1A: The local authority must have particular regard to the evaluation report prepared for the proposed plan or change in accordance with clause 22(1)—
a: when making a decision under subclause (1); and
b: when dealing with the request under subclause (2), (3), or (4).
87: Schedule 1, clause 29 amended
In Schedule 1
4: After considering a plan or change, undertaking a further evaluation of the plan or change in accordance with section 32AA
a: may decline, approve, or approve with modifications the plan or change; and
b: must give reasons for its decision.
3: Amendments that commence by Order in Council
88: Section 41B amended (Directions to provide evidence within time limits)
Repeal section 41B(5) to (7)
89: Section 42A amended (Reports to local authority)
Replace section 42A(1A) and (1B)
1A: The report does not need to repeat information included in the applicant's application under section 88(2)
1B: Instead, the report may—
a: adopt all of the information; or
b: adopt any part of the information by referring to the part adopted.
90: Section 87G amended (Environment Court determines application)
In section 87G(2)(a) 10 working days 15 working days
91: Section 87I amended (When consent authority must determine application)
1: In section 87I(1)(b)(ii) ; and
2: Repeal section 87I(1)(c)
92: Section 88 amended (Making an application)
1: Replace section 88(2)
2: An application must—
a: be made in the prescribed form and manner; and
b: include the information relating to the activity, including an assessment of the activity's effects on the environment, as required by Schedule 4
2: Replace section 88(3)
3: A consent authority may, within 10 working days after an application was first lodged, determine that the application is incomplete if the application does not—
a: include the information prescribed by regulations; or
b: include the information required by Schedule 4
3A: The consent authority must immediately return an incomplete application to the applicant, with written reasons for the determination.
93: Section 88B replaced (Time limits from which time periods are excluded)
Replace section 88B
88B: Time limits from which time periods are excluded in relation to applications
1: This section provides for the deferral of certain time limits relating to applications.
2: The first column of the table lists the provisions specifying time limits from which certain time periods must be excluded.
3: The second column lists the provisions describing time periods that must be excluded from the corresponding time limits. Provisions specifying time limits Provisions describing time periods to be excluded Section 95 (which relates to the time limit for notification) Section 88C(2), (4), or (6) Section 88E(2) or (4) Section 88F(2) Section 87F(3) (which relates to the time limit for a consent authority report on an application to be directly referred to the Environment Court) Section 88C(4) or (6) Section 88E(2), (6), or (8) Section 88F(2) Section 101(2) (which relates to the time limit for commencement of a hearing of a non-notified application) Section 88C(2), (4), or (6) Section 88E(2) or (4) Section 88F(2) Section 103A (which relates to the time limit for completion of a hearing of a notified application) Section 88C(4) or (6) Section 88D(2), (4), or (6) Section 88E(2), (6), or (8) Section 88F(2) Section 115(3) (which relates to the time limit for notification of the decision on a non-notified application for which no hearing is held) Section 88C(2), (4), or (6) Section 88E(2) or (4) Section 88F(2) Section 115(4) (which relates to the time limit for notification of the decision on a notified application for which no hearing is held) Section 88C(4) or (6) Section 88D(2), (4), or (6) Section 88E(2), (6), or (8) Section 88F(2)
94: Section 88C amended (Excluded time periods relating to provision of further information)
1: Above section 88C(1) Request for further information .
2: Replace section 88C(1)(b)
b: the request is the first request made by the authority to the applicant under that provision; and
c: the request is made before the authority decides whether to notify the application.
3: In section 88C(2), (4), and (6) provision listed in section 88B(2) time limit under section 88B
4: Above section 88C(3) Commissioning of report—applicant agrees .
5: Above section 88C(5) Commissioning of report—applicant disagrees .
95: Section 88D replaced (Excluded time periods relating to direct referral (for resource consents and also for notices of requirement))
Replace section 88D
88D: Excluded time periods relating to direct referral
Request for direct referral declined and no objection
1: Subsection (2)
a: an applicant makes a request under section 87D(1); and
b: the consent authority declines the request under section 87E(5) to (6A)
c: the applicant does not object under section 357A(1)(e).
2: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date on which the consent authority receives the request; and
b: ending with the date on which the 15 working days referred to in section 357C(1) end. Request for direct referral declined and objection dismissed
3: Subsection (4)
a: an applicant makes a request under section 87D(1); and
b: the consent authority declines the request under section 87E(5) to (6A)
c: the consent authority dismisses the applicant's objection under section 357D.
4: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date on which the consent authority receives the request; and
b: ending with the date on which the consent authority notifies the applicant of its decision to dismiss the objection. Request for direct referral granted or objection upheld
5: Subsection (6)
a: an applicant makes a request under section 87D(1); and
b: either—
i: the consent authority grants the request under section 87E(5) to (6A)
ii: the consent authority declines the request under section 87E(5) to (6A)
6: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date on which the consent authority receives the request; and
b: ending with the earlier of the following:
i: the date on which the 15 working days referred to in section 87G(2)(a)
ii: the date on which the applicant advises the consent authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 87G(2)
96: Section 88E amended (Excluded time periods relating to other matters)
1: Above section 88E(1) Deferral pending application for additional consents .
2: In section 88E(2), (4), and (6) provision listed in section 88B(2) time limit under section 88B
3: Replace section 88E(3) Approval sought from affected persons or groups
3: Subsection (4)
4: Above section 88E(5) Referral to mediation .
5: After section 88E(6) Suspension of application processing
7: Subsection (8) section 91A
8: The period that must be excluded from every applicable time limit under section 88B
a: starting with the date on which the suspension started:
b: ending with the date on which the suspension ceased.
97: Section 88F amended (Excluded time relating to pre-request aquaculture agreements)
1: Replace the heading to section 88F Excluded time periods relating to pre-request aquaculture agreements
2: In section 88F(2) provision listed in section 88B(2) time limit under section 88B
98: New sections 91A to 91C inserted
After section 91
91A: Applicant may have processing of application suspended
1: A consent authority must suspend the processing of a notified application when a request is received in accordance with this section.
2: The applicant may request the consent authority to suspend the processing of an application at any time in the period—
a: starting when the application is notified; and
b: ending when—
i: the hearing is completed, if a hearing is held for the application; or
ii: the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application.
3: However, a request must not be made if—
a: the applicant has lodged a notice of motion with the Environment Court under section 87G(2)(a)
b: the Minister has made a direction under section 142(2) in relation to the application; or
c: a total of 130 or more working days have been excluded from time limits under section 88B section 88E(8)
4: The request must be made by written or electronic notice.
5: If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started.
91B: When suspension of processing ceases
1: A consent authority must cease to suspend the processing of an application when—
a: a request is received in accordance with this section; or
b: the applicant lodges a notice of motion with the Environment Court under section 87G(2)(a)
c: the Minister makes a direction under section 142(2) in relation to the application; or
d: the consent authority decides under section 91C
2: The applicant may request the consent authority to cease to suspend the processing of an application if it is currently suspended.
3: The request must be made by written or electronic notice.
4: If a suspension is ceased under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension ceased.
91C: Application may be returned if suspended after certain period
1: Subsection (2)
a: a total of 130 or more working days have been excluded from time limits under section 88B section 88E(8)
b: the application is suspended at the time.
2: The consent authority must decide to—
a: return the application to the applicant; or
b: continue to process the application.
3: If the consent authority decides to return the application,—
a: it must be returned together with a written explanation as to why it is being returned; but
b: the applicant may object to the consent authority under section 357(3A)
4: If, after an application has been returned, the application is lodged again with the consent authority, the application is to be treated as a new application.
99: Section 95 amended (Time limit for public notification or limited notification)
In section 95 10 20
100: Section 97 replaced (Time limit for submissions)
Replace section 97
97: Time limit for submissions
1: This section specifies the closing date for serving submissions on a consent authority that has notified an application.
2: If public notification was given, the closing date is the 20th working day after the date of public notification.
3: If limited notification was given, the closing date is the 20th working day after the date of limited notification.
4: However, if limited notification was given, the consent authority may adopt as an earlier closing date the day on which the consent authority has received from all affected persons a submission, written approval for the application, or written notice that the person will not make a submission.
101: Section 101 amended (Hearing date and notice)
Replace section 101(2)
2: If the application was not notified, the date for the commencement of the hearing must be within 35 working days after the date the application was first lodged with the consent authority.
102: Section 103A replaced (Time limit for completion of adjourned hearing)
Replace section 103A
103A: Time limit for completion of hearing of notified application
1: This section applies to a hearing of an application for a resource consent that was notified.
2: If public notification was given, the hearing must be completed no later than 75 working days after the closing date for submissions on the application.
3: If limited notification was given, the hearing must be completed no later than 45 working days after the closing date for submissions on the application.
103B: Requirement to provide report and other evidence before hearing
1: This section applies to a hearing of an application for a resource consent that was notified.
2: The consent authority must provide the following (the authority's evidence
a: a copy of any written report prepared under section 42A(1)
b: briefs of any other evidence to be called by the authority.
3: The applicant must provide briefs of evidence (the applicant's evidence
4: A person who has made a submission and who is intending to call expert evidence must provide briefs of the evidence (the submitter's evidence
5: The consent authority must make the following available at its office to the persons specified:
a: the authority's evidence, to any person who made a submission and did not state a wish to be heard:
b: the applicant's evidence, to any person who made a submission:
c: any submitter's evidence, to any other person who made a submission.
6: The consent authority must give written or electronic notice that evidence is available at its office to each person to whom the evidence is made available.
7: This section overrides sections 41B and 42A(3) to (5).
103: Section 107F amended (Applications to undertake aquaculture activities)
In section 107F(3)(a) section 88(3) section 88(3A)
104: Section 115 amended (Time limits for notification of decision)
Repeal section 115(5)
105: Section 149Z amended (Local authority must process referred matter)
In section 149Z(2)(c) section 88(3) section 88(3) and (3A)
106: Section 165ZFE amended (Processing of affected applications)
1: In section 165ZFE(9)(a)(ii) 10 working days 15 working days
2: In section 165ZFE(11) 10 working days 15 working days
107: Section 165ZM amended (Other provisions of Act apply subject to this subpart)
In section 165ZM(4) sections 88A to 88E, 91A,
108: Section 165ZP amended (Incomplete concurrent application)
In section 165ZP(1) section 88(3) section 88(3A)
109: Section 165ZQ amended (Additional consents)
1: In section 165ZQ(1)(a) 5 10
2: In section 165ZQ(1)(b) section 88(3) section 88(3A)
110: Section 168A amended (Notice of requirement by territorial authority)
After section 168A(2)
2AA: However, section 101(2)
a: if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given by the territorial authority:
b: if the notice of requirement was notified and the territorial authority gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the notice of requirement:
c: if the notice of requirement was notified and the territorial authority does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the notice of requirement.
111: Section 169 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)
1: In section 169(1)(e) designation ; and
2: After section 169(1)(e)
f: the time limit specified by section 95 were 10 working days.
3: After section 169(2)
3: However, section 101(2)
a: if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given to the territorial authority:
b: if the notice of requirement was notified and the territorial authority gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the notice of requirement:
c: if the notice of requirement was notified and the territorial authority does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the notice of requirement.
112: Section 181 amended (Alteration of designation)
In section 181(2) and (3) sections 168 to 179 and 198AA to 198AD
113: Section 189A amended (Notice of requirement for heritage order by territorial authority)
After section 189A(9)
9A: However, section 101(2)
a: if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given by the territorial authority:
b: if the notice of requirement was notified and the territorial authority gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the notice of requirement:
c: if the notice of requirement was notified and the territorial authority does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the notice of requirement.
114: Section 190 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)
1: In section 190(1)(e) heritage order ; and
2: After section 190(1)(e)
f: the time limit specified by section 95 were 10 working days.
3: After section 190(7)
8: However, section 101(2)
a: if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given to the territorial authority:
b: if the notice of requirement was notified and the territorial authority gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the notice of requirement:
c: if the notice of requirement was notified and the territorial authority does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the notice of requirement.
115: Section 195A amended (Alteration of heritage order)
In section 195A(2) and (4) Sections 189 to 195 and 198AA to 198AD
116: New sections 198AA to 198AD and cross-heading inserted
After section 198 Time limits from which time periods are excluded in relation to designations and heritage orders
198AA: Time limits from which time periods are excluded in relation to designations and heritage orders
1: This section provides for the deferral of certain time limits relating to designations and heritage orders.
2: The first column of the table lists the provisions specifying time limits from which certain time periods must be excluded.
3: The second column lists the provisions describing time periods that must be excluded from the corresponding time limits. Provisions specifying time limits Provisions describing time periods to be excluded Section 95 (which relates to the time limit for notification) as applied by section 169(1) or 190(1) to a notice of requirement given to a territorial authority Section 198AB(2), (4), or (6) Section 198AD(2) Section 198D(3) (which relates to the time limit for a territorial authority report on a notice of requirement, given to a territorial authority, to be directly referred to the Environment Court) Section 198AB(2), (4), or (6) Section 198AD(4) Section 198J(2) (which relates to the time limit for a territorial authority report on a notice of requirement, given by a territorial authority, to be directly referred to the Environment Court) Section 198AD(4) Section 168A(2AA)(a) or 189A(9A)(a) (which relates to the time limit for commencement of a hearing of a non-notified notice of requirement given by a territorial authority) Section 198AD(2) Section 168A(2AA)(b) or (c) or 189A(9A)(b) or (c) (which relates to the time limit for commencement of a hearing of a notified notice of requirement given by a territorial authority) Section 198AC(8) Section 198AD(4) Section 169(3)(a) or 190(8)(a) (which relates to the time limit for commencement of a hearing of a non-notified notice of requirement given to a territorial authority) Section 198AB(2), (4), or (6) Section 198AD(2) Section 169(3)(b) or (c) or 190(8)(b) or (c) (which relates to the time limit for commencement of a hearing of a notified notice of requirement given to a territorial authority) Section 198AB(2), (4), or (6) Section 198AC(2), (4), or (6) Section 198AD(4)
198AB: Excluded time periods relating to provision of further information
Request for further information
1: Subsection (2)
a: a territorial authority has requested a requiring authority or heritage protection authority, under section 92(1), to provide further information on a notice of requirement; and
b: the request is the first request made by the territorial authority to the requiring authority or heritage protection authority under that provision—
i: at all; or
ii: after the closing date for submissions.
2: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date of the request under section 92(1); and
b: ending as follows:
i: if the requiring authority or heritage protection authority provides the information within 15 working days, the date on which it provides the information:
ii: if the requiring authority or heritage protection authority agrees within 15 working days to provide the information and provides the information, the date on which it provides the information:
iii: if the requiring authority or heritage protection authority agrees within 15 working days to provide the information and does not provide the information, the date set under section 92A(2)(a):
iv: if the requiring authority or heritage protection authority does not respond to the request within 15 working days, the date on which the period of 15 working days ends:
v: if the requiring authority or heritage protection authority refuses within 15 working days to provide the information, the date on which it refuses to provide the information. Commissioning of report—other authority agrees
3: Subsection (4)
a: a territorial authority has notified a requiring authority or heritage protection authority, under section 92(2)(b), of its wish to commission a report; and
b: the requiring authority or heritage protection authority agrees, under section 92B(1), to the commissioning of the report.
4: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date of the notification under section 92(2)(b); and
b: ending with the date on which the territorial authority receives the report. Commissioning of report—other authority disagrees
5: Subsection (6)
a: a territorial authority has notified a requiring authority or heritage protection authority, under section 92(2)(b), of its wish to commission a report; and
b: the requiring authority or heritage protection authority does not agree, under section 92B(1), to the commissioning of the report.
6: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date of the notification under section 92(2)(b); and
b: ending with the earlier of the following:
i: the date on which the period of 15 working days ends; and
ii: the date on which the territorial authority receives the requiring authority's or heritage protection authority's refusal, under section 92B(1), to agree to the commissioning of the report.
198AC: Excluded time periods relating to direct referral
Request for direct referral declined and no objection
1: Subsection (2)
a: a requiring authority or heritage protection authority makes a request under section 198B(1); and
b: the territorial authority declines the request under section 198C(4) to (5A)
c: the requiring authority or heritage protection authority does not object under section 357(8).
2: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date on which the territorial authority receives the request; and
b: ending with the date on which the 15 working days referred to in section 357C(1) end. Request for direct referral declined and objection dismissed
3: Subsection (4)
a: a requiring authority or heritage protection authority makes a request under section 198B(1); and
b: the territorial authority declines the request under section 198C(4) to (5A)
c: the territorial authority dismisses the requiring authority's or heritage protection authority's objection under section 357D.
4: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date on which the territorial authority receives the request; and
b: ending with the date on which the territorial authority notifies the requiring authority or heritage protection authority of its decision to dismiss the objection. Request for direct referral granted or objection upheld
5: Subsection (6)
a: a requiring authority or heritage protection authority makes a request under section 198B(1); and
b: either—
i: the territorial authority grants the request under section 198C(4) to (5A)
ii: the territorial authority declines the request under section 198C(4) to (5A)
6: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date on which the territorial authority receives the request; and
b: ending with the earlier of the following:
i: the date on which the 15 working days referred to in section 198E(2)(a)
ii: the date on which the requiring authority or heritage protection authority advises the territorial authority that it does not intend to lodge a notice of motion with the Environment Court under section 198E(2) Decision to make direct referral to Environment Court
7: Subsection (8)
8: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date on which the territorial authority makes the decision; and
b: ending with the earlier of the following:
i: the date on which the 15 working days referred to in section 198K(1)(a)
ii: the date on which the territorial authority decides not to lodge a notice of motion with the Environment Court under section 198K(1)
198AD: Excluded time periods relating to other matters
Approval sought from affected persons or groups
1: Subsection (2)
2: The period that must be excluded from every applicable time limit under section 198AA Referral to mediation
3: Subsection (4)
4: The period that must be excluded from every applicable time limit under section 198AA
a: starting with the date of the reference; and
b: ending with the earlier of the following:
i: the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and
ii: the date on which the mediator reports the outcome of the mediation to the territorial authority.
117: Section 198E amended (Environment Court decides)
In section 198E(2)(a) 10 working days 15 working days
118: Section 198G amended (When territorial authority must deal with requirement)
1: In section 198G(1)(b)(i) that the requiring authority that it
2: In section 198G(1)(b)(ii) ; and
3: Repeal section 198G(1)(c)
119: Section 198K amended (Environment Court decides)
In section 198K(1)(a) 10 working days 15 working days
120: Section 198M amended (When territorial authority must deal with requirement)
1: In section 198M(1)(b) ; and
2: Repeal section 198M(1)(c)
121: Section 206 amended (Conduct of hearing)
1: In section 206(3) Sections 39 to 42 and 99 to 100 and 101 Sections 39, 40 to 42, 99 to 100, and 101
2: After section 206(3)
3A: However, section 101(2)
a: if the special tribunal gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the application:
b: if the special tribunal does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the application.
3: Replace section 206(4)
4: In addition, any hearing must be held at a place determined by the special tribunal that is near the water body to which the application relates.
122: Section 357 amended (Right of objection against certain decisions)
After section 357(3)
3A: A person has a right of objection to a consent authority that decides to return the person's application under section 91C(2)
123: Section 358 amended (Appeals against certain decisions or objections)
In section 358(1) section 357(4) or (8) section 357(3A), (4), or (8)
124: Schedule 1 amended
In Schedule 1 the provisions clauses 6 and 7
125: Schedule 4 replaced
Replace Schedule 4 Schedule 4 Schedule 1 |
DLM5787603 | 2013 | Consumer Guarantees Amendment Act 2013 | 1: Title
This Act is the Consumer Guarantees Amendment Act 2013.
2: Commencement
1: This Act, except the provisions specified in subsection (2), comes into force on the day after the date on which it receives the Royal assent.
2: Sections 6, 7, 8, 9, 12, 13, 14, and 16
3: Principal Act amended
This Act amends the Consumer Guarantees Act 1993 2014-06-17 Consumer Guarantees Act 1993 ss 6, 7, 8, 9, 12, 13, 14, & 16 come into force on 17 June 2014 (6 months after date of assent) 2013-12-18 Consumer Guarantees Act 1993 except for ss 6, 7, 8, 9, 12, 13, 14, & 16 (see above) Purpose
4: Long Title repealed
The Long Title
5: New section 1A inserted
The following section is inserted after section 1
1A: Purpose
1: The purpose of this Act is to contribute to a trading environment in which—
a: the interests of consumers are protected; and
b: businesses compete effectively; and
c: consumers and businesses participate confidently.
2: To this end, the Act provides that consumers have—
a: certain guarantees when acquiring goods or services from a supplier, including—
i: that the goods are reasonably safe and fit for purpose and are otherwise of an acceptable quality; and
ii: that the services are carried out with reasonable care and skill; and
b: certain rights of redress against suppliers and manufacturers if goods or services fail to comply with a guarantee. Gas and electricity, and auctioneers
6: Interpretation
1: Paragraph (b) of the definition of goods section 2(1)
v: non-reticulated gas: .
2: Section 2(1) line function services
a: in relation to gas, the meaning set out in section 2(1) of the Gas Act 1992; and
b: in relation to electricity, the meaning set out in section 2(1) of the Electricity Act 1992 .
3: Paragraph (b) of the definition of services section 2(1)
vi: a contract for, or in relation to, the supply of telecommunications or water, or the removal of waste water:
vii: a contract relating to (but not for) the supply of gas or electricity, other than line function services; but .
4: Paragraph (b) of the definition of supplier section 2(1)
iv: a person (other than an auctioneer) who, in trade, is acting as an agent for another, whether or not that other is supplying in trade .
5: Paragraph (c) of the definition of supplier section 2(1
6: Section 2
3: However, despite subsection (2), a guarantee under section 6 applies to the goods delivered to the consumer on and from the time at which the consumer receives the goods. Delivery of goods
7: New section 5A inserted
The following section is inserted after section 5
5A: Guarantee as to delivery
1: Where a supplier is responsible for delivering, or for arranging for the delivery of, goods to a consumer there is a guarantee that the goods will be received by the consumer—
a: at a time, or within a period, agreed between the supplier and the consumer; or
b: if no time or period has been agreed, within a reasonable time.
2: Where the delivery of the goods fails to comply with the guarantee under this section, Part 2 gives the consumer a right of redress against the supplier and, in that case, the consumer may,—
a: if the failure is of a substantial character, reject the goods under section 18(3); and
b: in any case, obtain damages under section 18(4) (other than damages relating to the remedies set out in section 18(2)), whether or not the consumer also rejects the goods.
3: For the purposes of this section, the reference in section 20(1)(b) to an agent of the supplier must be treated as including any carrier or other person who undertakes to deliver the goods on behalf of the supplier.
4: A consumer’s rights of redress under Part 2 in relation to the guarantee under this section are limited to those specified in subsection (2).
8: Meaning of acceptable quality
Section 7
ha: the nature of the supplier and the context in which the supplier supplies the goods: . Gas and electricity
9: New sections 7A and 7B inserted
The following sections are inserted after section 7
7A: Guarantee of acceptable quality in supply of gas and electricity
1: There is a guarantee that the supply of gas by a gas retailer, and the supply of electricity by an electricity retailer, to a consumer is of an acceptable quality.
2: The guarantee of acceptable quality is a guarantee that—
a: the supply of gas or electricity is as safe as a reasonable consumer would expect it to be; and
b: the supply of gas or electricity to a place is as reliable as a reasonable consumer would expect a supply to that place to be; and
c: the quality of the gas or electricity supplied is such that it can be consistently used for the things that a reasonable consumer would expect to use gas or electricity for.
3: When determining what a reasonable consumer would expect, it is assumed that the consumer has considered—
a: that the supply of gas or electricity may be affected by emergencies, or other events or circumstances, outside the control of the retailer or any other person involved in the supply of gas or electricity; and
b: that the supply of gas or electricity may be interrupted for safety, maintenance, or other technical reasons; and
c: that the quality of gas or electricity supplied may fluctuate, but that fluctuations are acceptable only within tolerances permitted by gas and electricity safety regulations; and
d: that the reliability and quality of the supply of gas or electricity may vary depending on the location of the place to which the gas or electricity is supplied; and
e: that reliability and quality of supply may be related to price.
4: The supply of gas or electricity will not fail to comply with the guarantee of acceptable quality—
a: if the gas or electricity has been used by the consumer in an unreasonable manner or to an unreasonable extent, and the supply of gas or electricity would have complied with the guarantee of acceptable quality if it had not been used in that manner or to that extent; or
b: if, in a case where the quality and reliability of supply by a gas or electricity retailer to a particular consumer is likely to be significantly worse than the quality and reliability of supply that generally applies to gas or electricity supplied by the retailer,—
i: the retailer or the person supplying line function services has specifically explained to the consumer the ways in which the supply is likely to be significantly worse; and
ii: the consumer has accepted the supply on that basis, even if an otherwise reasonable consumer may not regard that supply as acceptable.
5: In this section and section 7B electricity retailer gas retailer
7B: Relationship of section 7A with rest of Act
1: For the purposes of this Act, except as described in this section, gas (other than non-reticulated gas) and electricity are not to be treated as being goods, and the supply of gas or electricity by retailers is not to be treated as the supply of a service.
2: If the supply of gas or electricity fails to comply with the guarantee of acceptable quality in section 7A
3: For the purpose of applying the provisions of Part 5 to the supply of gas and electricity to consumers, that Part must be applied as if gas and electricity were goods, and as if gas retailers and electricity retailers were the suppliers of those goods.
4: To avoid doubt, the guarantee provided by section 7A Collateral credit agreements
10: New section 23A inserted
The following section is inserted after section 23
23A: Goods subject to collateral credit agreement
1: This section applies if—
a: a consumer acquires goods under a contract for the supply of goods; and
b: the contract is associated with a collateral credit agreement; and
c: the supplier is a party to the contract; and
d: the consumer exercises the right to reject the goods under this Act.
2: A court or a Disputes Tribunal may order that all or any of the rights and obligations of the consumer under the collateral credit agreement vest in the supplier.
3: In this section,— collateral credit agreement
a: is arranged or procured by the supplier of the goods; and
b: is for the provision of credit by a person other than the supplier to enable the consumer to pay, or defer payment, for the goods supplier
11: New section 39A inserted
The following section is inserted after section 39
39A: Services subject to collateral credit agreement
1: This section applies if—
a: a consumer acquires services under a contract for the supply of services; and
b: the contract is associated with a collateral credit agreement; and
c: the supplier is a party to the contract; and
d: the consumer exercises the right to cancel the contract for the supply of the services under this Act.
2: A court or a Disputes Tribunal may order that all or any of the rights and obligations of the consumer under the collateral credit agreement vest in the supplier.
3: In this section,— collateral credit agreement
a: is arranged or procured by the supplier of the services; and
b: is for the provision of credit by a person other than the supplier to enable the consumer to pay, or defer payment, for the services supplier
4: This section does not limit section 39. Auctioneers
12: Exceptions
Section 41 Contracting out for business transactions
13: No contracting out except for business transactions
Section 43
2: However, despite subsection (1), parties to an agreement may include a provision in their agreement to the effect that the provisions of this Act will not apply to that agreement, provided that—
a: the agreement is in writing; and
b: the goods or services are, or (in connection only with the guarantee of acceptable quality in section 7A
c: all parties to the agreement—
i: are in trade; and
ii: agree to contract out of the provisions of this Act; and
d: it is fair and reasonable that the parties are bound by the provision in the agreement.
2A: If, in any case, a court is required to decide what is fair and reasonable for the purposes of subsection (2)(d), the court must take account of all the circumstances of the agreement, including—
a: the subject matter of the agreement; and
b: the value of the goods, services, gas, or electricity (as relevant); and
c: the respective bargaining power of the parties, including—
i: the extent to which a party was able to negotiate the terms of the agreement; and
ii: whether a party was required to either accept or reject the agreement on the terms and conditions presented by another party; and
d: whether all or any of the parties received advice from, or were represented by, a lawyer, either at the time of the negotiations leading to the agreement or at any other relevant time. Gas and electricity
14: New section 46A inserted
The following section is inserted after section 46
46A: Indemnification of gas and electricity retailers
1: This section applies if—
a: there has been a failure of the acceptable quality guarantee in section 7A
i: by the retailer; or
ii: if the retailer does not make a determination or if the retailer's determination is challenged, by the dispute resolution scheme following a complaint made under section 43EA of the Gas Act 1992 or under section 95 of the Electricity Industry Act 2010 (as the case requires); or
iii: by a court or a Disputes Tribunal (if a court or a Disputes Tribunal makes a determination on the issue); and
b: the failure of acceptable quality was wholly or partly the result of an event, circumstance, or condition associated with—
i: a gas pipeline or other equipment that was, at the time of the failure, the responsibility of a person then supplying line function services (a responsible party
ii: electricity lines or other equipment that was, at the time of the failure, the responsibility of a person (including Transpower (as defined in the Electricity Industry Act 2010)) then supplying line function services (a responsible party
c: the failure was not a result of a person involved in the supply complying with a rule or order with which it was legally obliged to comply; and
d: the failure was not a result of action taken by Transpower in its capacity as system operator under the Electricity Industry Act 2010; and
e: the consumer obtains a remedy under Part 2 in relation to the failure against the gas or electricity retailer; and
f: that remedy is a cost to the retailer (a remedy cost
2: If this section applies, a retailer that has incurred remedy costs is entitled to be indemnified for those costs by the responsible party or responsible parties.
3: The amount of a responsible party's liability under the indemnity is limited to the proportion of the remedy costs that is attributable to the events, circumstances, or conditions associated with the gas pipelines, electricity lines, or other equipment that the responsible party was responsible for at the time of the failure.
4: However,—
a: if a responsible party pays compensation to a consumer ( payment A
b: if the retailer incurs remedy costs in relation to that consumer for a failure of acceptable quality that arose from the same event, circumstance, or condition that led to the payment of payment A; then
c: the amount that the retailer would otherwise recover from the responsible party in respect of that consumer must be reduced by the amount of payment A.
5: Disputes between gas or electricity retailers and responsible parties relating to the existence or allocation of liability under the indemnity may be dealt with by the dispute resolution scheme referred to,—
a: in the case of gas, in section 43E of the Gas Act 1992; and
b: in the case of electricity, in section 95 of the Electricity Industry Act 2010. Jurisdiction
15: Jurisdiction
1: Section 47(1) established under section 4 of the Disputes Tribunals Act 1988 and Disputes Tribunal
2: Section 47 section 39 section 23A Gas and electricity
16: Consequential amendments in Schedule
The enactments specified in the Schedule 2014-06-17 Electricity Industry Act 2010 Gas Act 1992 |
DLM4881300 | 2013 | Appropriation (2011/12 Financial Review) Act 2013 | 1: Title
This Act is the Appropriation (2011/12 Financial Review) Act 2013.
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 to—
a: confirm financial matters relating to the financial year ended 30 June 2012; and
b: validate other financial matters relating to the financial year ended 30 June 2012.
4: Interpretation
In this Act, unless the context otherwise requires, the terms benefit capital expenditure department expenses financial year Office of Parliament other expenses output expenses Vote section 2(1)
5: Confirmation of Order in Council directing transfer of amounts between output expense appropriations
The Public Finance (Transfers Between Outputs) Order 2012 2013-03-26 Public Finance (Transfers Between Outputs) Order 2012 This just requires a history note to go under the commencement provision saying that the OIC has been confirmed (Include in End Notes also)
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 approved expenses are shown in column 4 of Schedule 1
7: Validation of unappropriated expenses incurred with authority
1: The incurring of expenses by a department in the circumstances set out in subsection (2) is validated.
2: The circumstances are that—
a: for the financial year ended 30 June 2012, the department incurred expenses in excess of the existing appropriation set out in column 3 of 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 column 1 Schedule 2 expenses column 4 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 financial year ended 30 June 2012, 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 Schedule 3 4
9: 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 |
DLM5622500 | 2013 | Health and Disability Commissioner Amendment Act 2013 | 1: Title
This Act is the Health and Disability Commissioner Amendment Act 2013.
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 Health and Disability Commissioner Act 1994 principal Act 2013-12-05 Health and Disability Commissioner Act 1994
4: Section 9 amended (Deputy Commissioners and Mental Health Commissioner)
After section 9(1)
1A: Part 2 of the Crown Entities Act 2004 (except section 46) applies to the appointment and removal of a Deputy Health and Disability Commissioner in the same manner as it applies to the appointment and removal of the Commissioner.
5: Section 38 amended (Commissioner may decide to take no action on complaint)
In the heading to section 38 action or
6: Section 47 amended (Director of Proceedings' right to participate in disciplinary and other proceedings)
In section 47(1) may , after referral from the Commissioner under section 45(2)(f), |
DLM4718901 | 2013 | Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013 | 1: Title
This Act is the Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Act 2013.
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 Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 principal Act 2013-03-05 Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010
1: Amendments to preliminary provision
4: Section 4 amended (Interpretation)
1: In section 4(1) 2013 election 2016 election .
2: In section 4(1) Hurunui WCO application
3: In section 4(1) next election 2013 2016
2: Amendments to other provisions
5: New section 17A inserted (Review)
After section 17
17A: Review
1: The responsible Ministers must begin a review of ECan on 1 March 2014.
2: The review must cover—
a: the governance structure of ECan; and
b: the membership of ECan; and
c: ECan's powers and functions under Part 3.
6: Cross-heading above section 22 amended
In the cross-heading above section 22 2010 election 2010 and 2013 elections
7: Section 22 amended (2010 election for members of ECan must not be held)
1: In the heading to section 22 2010 election 2010 and 2013 elections
2: In section 22(1)
a: replace general election general elections
b: after (the 2010 election and in October 2013
8: Section 60 amended (Transitional provisions)
Repeal section 60(2)
9: Schedule 2 amended
In Schedule 2 |
DLM5616400 | 2013 | Children, Young Persons, and Their Families Amendment Act 2013 | 1: Title
This Act is the Children, Young Persons, and Their Families Amendment Act 2013.
2: Commencement
This Act comes into force on 1 October 2014 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 31 March 2014 Children, Young Persons, and Their Families Amendment Act 2013 Commencement Order 2014
3: Principal Act
This Act amends the Children, Young Persons, and Their Families Act 1989 principal Act OIC LI 2014/90 2014-03-31 Children, Young Persons, and Their Families Act 1989 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council
4: Section 137 amended (Court to consider report and make directions)
1: In section 137(1) , after giving such persons (if any) as it thinks fit an opportunity to be heard,
2: After section 137(1)
1A: When considering the report and revised plan, the court may, but need not, give to any person the opportunity to be heard.
5: Section 159 amended (Appointment of barrister or solicitor to represent child or young person)
1: Replace the heading to section 159 Appointment of lawyer to represent child or young person in proceedings
2: In section 159 barrister or solicitor lawyer
3: In section 159(3)(a) barrister's or solicitor's lawyer's
6: Sections 160 and 161 replaced
Replace sections 160 161
160: Appointment of lawyer to assist court
In any proceedings in a Family Court under Part 2 or 3A, the 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.
161: Further provisions relating to appointment under section 159 or 160
1: A lawyer appointed under section 159—
a: must be served with all documents required to be served on the parties to the proceedings; and
b: may—
i: request the court to obtain any report that the court is empowered to obtain for the purposes of the proceedings:
ii: act on behalf of the child or young person in respect of any matter relating to the detention of that child or young person in secure care, or the care of that child or young person in a residence.
2: A lawyer appointed under section 160
a: must be served with all documents required to be served on the parties to the proceedings; and
b: may request the court to obtain any report that the court is empowered to obtain for the purposes of the proceedings.
7: Section 162 replaced (Payment of barrister or solicitor appointed under section 159 or section 160)
Replace section 162
162: Payment of lawyer appointed under section 159 or 160
1: The fees and expenses of any lawyer appointed under section 159 or 160
a: be determined in accordance with regulations made under section 16D
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
2: An invoice rendered by a lawyer appointed under section 159 or 160 for fees and expenses must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice.
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 159 or 160 have been paid under subsection (1)(b), the court may, if it thinks it is appropriate, order a party to the proceedings to refund to the Crown an amount that the court specifies in respect of those fees and expenses, and the amount ordered to be refunded is a debt due to the Crown by that party and, in default of payment of that amount, payment may be enforced, by order of a District Court or the High Court, as the case may require, in the same manner as a judgment of that court.
8: New sections 206A and 206B inserted
After section 206
206A: Leave required in certain cases to commence substantially similar proceedings
1: A proceeding (a new proceeding
a: is substantially similar to a proceeding previously filed in a Family Court by any person (a previous proceeding
b: is to be commenced less than 2 years after the final direction or order was given in the previous proceeding.
2: The leave of the court may only be given under subsection (1)
a: any party to the previous proceeding:
b: any child or young person who was the subject of the previous proceeding.
3: In this section, a new proceeding is substantially similar
a: the party commencing the new proceeding was a party to the previous proceeding; and
b: a child who is the subject of the new proceeding was the subject of the previous proceeding; and
c: the new proceeding—
i: is commenced under the same provision of this Act as the previous proceeding; or
ii: is for an order varying the order made in the previous proceeding; or
iii: is for an order discharging the order made in the previous proceeding.
4: This section does not apply if—
a: every party to the new proceeding consents to its commencement; or
b: the new proceeding is commenced by—
i: the chief executive; or
ii: a social worker; or
iii: an iwi social service; or
iv: a cultural social service; or
v: the director of a child and family support service; or
vi: a constable.
206B: Power to dismiss proceedings
The court may dismiss proceedings before it under Part 2 if it is satisfied—
a: that the proceedings relate to a specified child and that the continuation of the proceedings is, in the particular circumstances, clearly contrary to the welfare and best interests of the child; or
b: that the proceedings are frivolous or vexatious or an abuse of the procedure of the court.
9: Section 447 amended (Regulations)
Repeal section 447(e)(i) |
DLM5620800 | 2013 | Companies Amendment Act 2013 | 1: Title
This Act is the Companies Amendment Act 2013.
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 2013-12-05 Companies Act 1993
4: Section 2 amended (Interpretation)
Repeal section 2(4)
5: Section 6 repealed (Extended meaning of subsidiary)
Repeal section 6
6: Section 22 amended (Application for reservation of name)
1: In section 22(2)(b) or another company under the Companies Act 1955
2: In section 22(2)(c) or the Companies Act 1955
7: Section 151 amended (Qualifications of directors)
Repeal section 151(2)(ba) to (d)
8: Section 280 amended (Qualifications of liquidators)
Repeal section 280(1)(ha) to (j)
9: Section 316A repealed (Transitional provision in relation to voidable transactions)
Repeal section 316A
10: Section 333 amended (Name to be reserved before carrying on business)
Repeal section 333(2)
11: New sections 399 to 401 inserted
After section 398
399: Companies Act 1955 continues to apply for limited purposes
1: The Companies Act 1955 continues to apply in respect of every winding up or liquidation of a company commenced before the close of 30 June 1997.
2: Section 42(3) to (7) of the Companies Amendment Act 1993 continue to apply in respect of every company to which those subsections applied immediately before the repeal of the Companies Act 1955.
3: Part 6A of the Companies Act 1955 continues to apply in respect of every company that, immediately before the repeal of that Act, was subject to any action under that Part of that Act to remove the company from the register, or had been removed from the register.
4: Subsections (1) to (3)
5: Nothing in subsection (1)
6: In this section and section 400 company register 1993 No 126 s 3
400: Companies restored to register or that have ceased to be in liquidation may be reregistered
1: This section applies to a company that, but for the repeal of the Companies Reregistration Act 1993, would have been deemed to have been reregistered under this Act in accordance with section 13A or 13B of the Companies Reregistration Act 1993 (which relate to companies that have been restored to the register or that have ceased to be in liquidation).
2: Sections 12 and 13A to 15 and the Schedule of the Companies Reregistration Act 1993 continue to apply to the company as if the Companies Amendment Act 2013
401: References to companies incorporated under Companies Act 1955
A reference in any enactment to a company incorporated under the Companies Act 1955 or to which that Act applies must, unless the context otherwise requires, be read as including a company registered under this Act or to which this Act applies.
12: Schedule 4 amended
1: In Schedule 4
B: in the case of the first annual return of a company registered under this Act, since the date of registration: .
2: In Schedule 4
B: in the case of the first annual return of a company registered under this Act, since the date of registration: .
3: In Schedule 4
ii: in the case of the first annual return of a company registered under this Act, since the date of registration,— .
4: In Schedule 4
13: Repeals
The following Acts are repealed:
a: Companies Act Repeal Act 1993
b: Companies Reregistration Act 1993
c: Company Law Reform (Transitional Provisions) Act 1994 2013-12-05 Companies Act Repeal Act 1993 Companies Reregistration Act 1993 Company Law Reform (Transitional Provisions) Act 1994
14: Amendments to other Acts
Amend the enactments specified in the Schedule 2013-12-05 Administration Act 1969 Agricultural and Pastoral Societies Amendment Act 1993 Airport Authorities Act 1966 Bills of Exchange Act 1908 Biosecurity Act 1993 Building Societies Act 1965 Building Societies Amendment Act 1993 Carriage of Goods Act 1979 Charitable Trusts Act 1957 Charitable Trusts Amendment Act 1993 Civil Aviation Act 1990 Commerce Act 1986 Co-operative Companies Act 1996 Corporations (Investigation and Management) Act 1989 Crown Research Institutes Act 1992 Customs and Excise Act 1996 Defamation Act 1992 Energy Companies Act 1992 Estate and Gift Duties Act 1968 Fair Trading Act 1986 Finance Act (No 3) 1940 Finance Act (No 2) 1981 Finance Act 1994 Friendly Societies and Credit Unions Act 1982 Government Superannuation Fund Act 1956 Health Sector (Transfers) Act 1993 Housing Restructuring and Tenancy Matters Act 1992 Immigration Advisers Licensing Act 2007 Income Tax Act 2007 Incorporated Societies Amendment Act 1993 Industrial and Provident Societies Act 1908 Industrial and Provident Societies Amendment Act 1919 Industrial and Provident Societies Amendment Act 1993 Inspector-General of Intelligence and Security Act 1996 Insurance Intermediaries Act 1994 Joint Family Homes Act 1964 Judicature Act 1908 Land Transfer Act 1952 Land Transfer Amendment Act 1993 Lawyers and Conveyancers Act 2006 Maritime Transport Act 1994 Official Information Act 1982 Ombudsmen Act 1975 Parental Leave and Employment Protection Act 1987 Partnership Act 1908 Pork Industry Board Act 1997 Port Companies Act 1988 Privacy Act 1993 Protection of Personal and Property Rights Act 1988 Public Finance Act 1989 Public Works Act 1981 Radiocommunications Act 1989 Radio New Zealand Act 1995 Receiverships Act 1993 Reserve Bank of New Zealand Act 1989 Rural Intermediate Credit Act 1927 Rural Intermediate Credit Amendment Act 1946 Sale of Liquor Act 1989 Smoke-free Environments Act 1990 Social Security Act 1964 State-Owned Enterprises Act 1986 Statutes Amendment Act 1939 Tax Administration Act 1994 Te Ture Whenua Maori Act 1993 Trade Unions Act 1908 Trustee Act 1956 Trustee Companies Act 1967 Trustee Companies Management Act 1975 Unclaimed Money Act 1971 |
DLM5300200 | 2013 | Accident Compensation Amendment Act 2013 | 1: Title
This Act is the Accident Compensation Amendment Act 2013.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions.
2: If any provision of this Act has not earlier been brought into force under subsection (1), it comes into force on the day that is 1 year after the date on which this Act receives the Royal assent. Section 2 brought into force 2Â September 2013 Accident Compensation Amendment Act 2013 Commencement Order 2013
3: Principal Act
This Act amends the Accident Compensation Act 2001 principal Act OIC SR 2013/307 2013-09-02 Accident Compensation Act 2001
4: Entitlements inalienable
Section 123(2)(j) ; or
k: section 41B |
DLM5617303 | 2013 | Legal Services Amendment Act (No 2) 2013 | 1: Title
This Act is the Legal Services Amendment Act (No 2) 2013.
2: Commencement
This Act comes into force on 1 October 2014 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 31 March 2014 Legal Services Amendment Act (No 2) 2013 Commencement Order 2014
3: Principal Act
This Act Legal Services Act 2011 principal Act OIC LI 2014/95 2014-03-31 Legal Services Act 2011 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council. (refer section 2)
4: Section 7 amended (Proceedings for which legal aid may be granted: civil matters)
1: After section 7(3)
3A: Despite subsection (1), legal aid is only available in proceedings under the Care of Children Act 2004 that are to be heard and determined in a Family Court if—
a: a lawyer is acting in the proceedings as permitted by any of the following sections of that Act:
i: section 7A(2); or
ii: section 7A(4)(b)(ii) or (iii); or
iii: section 7A(4)(c); or
iv: section 7A(6); or
b: a lawyer is acting in the proceedings as permitted by section 7A(4)(a) or (b)(i) of that Act, but the proceedings are not of a kind specified in subsection (3B); or
c: a lawyer is providing legal advice to a party who—
i: has indicated at a settlement conference an intention to consent to the making of an order settling 1 or more of the issues in dispute in the proceedings; and
ii: has been advised by the Judge to obtain legal advice before that order is made.
3B: The kinds of proceedings referred to in subsection (3A)(b) are—
a: proceedings commenced by an application that—
i: affects the applicant only; or
ii: is in respect of a routine matter; or
iii: is about a matter that does not affect the interests of any other person; or
b: proceedings where every person in respect of whom the order is sought has either died or cannot be found.
2: After section 7(5)
6: Subsections (3A) and (3B) do not apply in respect of any proceedings commenced under the Care of Children Act 2004 before the date of commencement of section 5 of the Care of Children Amendment Act (No 2) 2013 |
DLM5189094 | 2013 | Juries Amendment Act 2013 | 1: Title
This Act is the Juries Amendment Act 2013.
2: Commencement
This Act comes into force on 1 July 2013
3: Principal Act
This Act amends the Juries Act 1981 principal Act 2013-07-01 Juries Act 1981
4: Section 29C amended (Criminal cases)
1: Replace section 29C(4)(b)
b: affects section 110 or 143 of the Criminal Procedure Act 2011.
2: Replace section 29C(5)
5: If, in terms of section 110 or 143 of the Criminal Procedure Act 2011, the offence charged, as described in the enactment creating the offence or as charged in the charge, includes the commission of any other offence, the court may accept a majority verdict on the offence charged instead of a unanimous verdict on the included offence.
5: Consequential amendment to Juries Amendment Act 2011
1: This section amends the Juries Amendment Act 2011
2: In the Schedule section 29C(4)(b) and (5) 2013-07-01 Juries Amendment Act 2011 |
DLM4662906 | 2013 | Land Transport Management Amendment Act 2013 | 1: Title
This Act is the Land Transport Management Amendment Act 2013.
2: Commencement
1: Sections 42 71(2)
2: Section 67
3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. Section 2(1) brought into force 1 August 2015 Land Transport Management Amendment Act 2013 Commencement Order 2015
3: Principal Act
This Act amends the Land Transport Management Act 2003 principal Act 2013-06-13 Land Transport Management Act 2003 The rest of this Act except sections 42, 67, and 71(2) 2013-07-12 Land Transport Management Act 2003 section 67 OIC LI 2015/159 2015-08-01 Land Transport Management Act 2003 sections 42
1: Amendments to Land Transport Management Act 2003
4: Section 3 replaced (Purpose)
Replace section 3
3: Purpose
The purpose of this Act is to contribute to an effective, efficient, and safe land transport system in the public interest.
5: Section 4 amended (Treaty of Waitangi)
In section 4 49, 59, 65H, 65I, 78, and 100(1)(f) and clause 6 of Schedule 7 and 100(1)(f)
6: Section 5 amended (Interpretation)
1: In section 5(1) activity activity
a: means a land transport output or capital project; and
b: includes any combination of activities
2: In section 5(1) Auckland Council Auckland Council
3: In section 5(1) bus service
a: for the carriage of passengers for hire or reward by means of—
i: a large passenger service vehicle; or
ii: a small passenger service vehicle; and
b: that is neither—
i: an excluded passenger service; nor
ii: a shuttle service commercial public transport service
a: means a public transport service that is not supplied under contract with the regional council; and
b: includes, to the extent that the regional council has not contracted for the supply of only a part of the service, only that part company event excluded passenger service
a: is contracted or funded by the Ministry of Education for the sole or primary purpose of transporting school children to and from school; or
b: is not available to the public generally, and is operated for the sole or primary purpose of transporting to or from a predetermined event all the passengers carried by the service; or
c: is not available to the public generally, and is operated for the sole or primary purpose of tourism; or
d: does not fall within any of paragraphs (a) to (c), and is not operated to a schedule exempt service section 130(2) section 153(2) GPS on land transport section 66 section 90 large passenger service vehicle listed company notify notification passenger service rail vehicle railway line access provider Route K service shuttle
a: is a small passenger vehicle that was originally designed to carry at least 8 persons but not more than 12 persons (including the driver); and
b: is used for hire or reward for the carriage of passengers who must begin or end their journey at an airport, a bus or ferry terminal, or a railway station shuttle service small passenger service vehicle taxi service toll payment point section 46 or 48A traffic management
a: the capacity of transport infrastructure to accommodate the vehicles or other modes of transport operated as part of the service; and
b: the compatibility of the transport infrastructure intended to support the service with vehicles or other modes of transport operated as part of the service transport-disadvantaged unit
a: that a regional council identifies as integral to the region's public transport network; and
b: that operates, or will operate, on the entire length of 1 or more routes specified in the regional council's regional public transport plan; and
c: that includes all of the public transport services operating to a timetable that applies to the entire route or routes specified for the unit working day
4: In section 5(1) national land transport programme section 19 section 19A
5: In section 5(1) public transport service public transport service
a: means, subject to paragraph (b), a service for the carriage of passengers for hire or reward by means of—
i: a large passenger service vehicle; or
ii: a small passenger service vehicle; or
iii: a ferry; or
iv: a hovercraft; or
v: a rail vehicle; or
vi: any other mode of transport (other than air transport) that is available to the public generally; but
b: in relation to Part 5
i: an excluded passenger service; or
ii: a shuttle service
6: In section 5(1) regional council regional council
a: means a regional council within the meaning of section 5(1) of the Local Government Act 2002; but
b: when used in—
i: Parts 2 and 4, includes a unitary authority except the Auckland Council:
ii: Part 3, includes a unitary authority:
iii: Part 5
7: In section 5(1) regional land transport programme regional land transport plan
8: In section 5(1) regional public transport plan regional public transport plan section 119
9: In section 5(1) regional transport committee regional transport committee
a: a regional transport committee established under section 105; or
b: in the case of Auckland,—
i: the governing body of Auckland Transport; or
ii: a joint regional transport committee that includes Auckland Transport as a member
10: In section 5(1) road road
a: means a road as defined in section 2(1) of the Government Roading Powers Act 1989; and
b: despite the terms of that definition, includes a motorway as defined in that section; and
c: includes toll booths and other toll-related infrastructure on a road
11: In section 5(1) affected community concession agreement concession road concessionaire GPS national land transport strategy regional land transport strategy registered service
12: In section 5(1) State highway programmes plans
13: In section 5(1) State highway highway
14: In section 5(1) State highway
d: land that becomes a State highway under section 88(2) of the Government Roading Powers Act 1989
15: After section 5(5)
6: All references to a regional land transport programme in any other Act, or in any regulation, rule, bylaw, order, or other enactment, or in any contract, agreement, deed, instrument, application, licence, notice, declaration, or other document are, unless inconsistent with the context or with the provisions of this Act, to be read as references to a regional land transport plan.
7: Section 7A amended (Application of Act to Chatham Islands)
1: Replace section 7A(2)
2: Sections 13 to 18H (which relate to regional land transport plans) apply with the necessary modifications to the Chatham Islands Council as if that council were a unitary authority to which paragraph (b)(i) of the definition of regional council in section 5(1) applies, except that the Chatham Islands Council, rather than a regional transport committee, prepares and consults on a regional land transport plan for the Chatham Islands.
2: Repeal section 7A(3)
8: Section 9 amended (The Crown’s authority to incur certain land transport expenses and capital expenditure)
Replace section 9(2)
2: The Crown may utilise land transport revenue to fund—
a: Police activities or combinations of Police activities up to the amount approved by the responsible Minister under section 18L:
b: activities carried out by the Ministry or the Agency that are related to the protection of the land transport revenue base and the maintenance of the integrity of the revenue system (up to the amount approved by the responsible Minister and the Minister of Finance), including—
i: the management of—
A: fuel excise duty refunds under section 41 of this Act:
B: road user charges refunds under sections 30 to 33 of the Road User Charges Act 2012:
ii: the assessment of unpaid road user charges under Part 3 of the Road User Charges Act 2012 (including administrative and legal work associated with the independent review of, and appeal against, assessments of unpaid road user charges):
iii: forecasting of land transport revenue:
iv: land transport revenue-related strategy and policy activities:
v: monitoring the performance of the land transport revenue system.
9: Section 10 amended (National land transport fund)
1: In section 10(1)(b) cashflow for the national land transport programme the national land transport programme, including (but not limited to) its cashflow,
2: After section 10(2)(b)
ba: any toll revenue collected in respect of a road tolling scheme if—
i: the Minister has approved that toll revenue inflow in writing; and
ii: the activities to be funded by that toll revenue inflow are specified, in accordance with section 46(3)(g)
3: Repeal section 10(6)
10: Section 11 amended (Annual report on national land transport fund)
In section 11(2)(f) any national land transport strategy or the relevant GPS: the relevant GPS on land transport:
11: Cross-heading above section 12 amended
In the cross-heading above section 12 programmes plans
12: Section 12 repealed (Overview of regional land transport programmes)
Repeal section 12
13: Section 13 amended (Responsibility for preparing and approving regional land transport programmes)
1: In the heading to section 13 programmes plans
2: In section 13(1) and (2) 3 6
3: In section 13(1)(a) and (b) and (2)(a) and (b) programme plan
4: Repeal section 13(4) and (5)
14: Section 14 replaced (Core requirements of regional land transport programmes prepared by regional transport committees)
Replace section 14
14: Core requirements of regional land transport plans
Before a regional transport committee submits a regional land transport plan to a regional council or Auckland Transport (as the case may be) for approval, the regional transport committee must—
a: be satisfied that the regional land transport plan—
i: contributes to the purpose of this Act; and
ii: is consistent with the GPS on land transport; and
b: have considered—
i: alternative regional land transport objectives that would contribute to the purpose of this Act; and
ii: the feasibility and affordability of those alternative objectives; and
c: have taken into account any—
i: national energy efficiency and conservation strategy; and
ii: relevant national policy statements and any relevant regional policy statements or plans that are for the time being in force under the Resource Management Act 1991; and
iii: likely funding from any source.
15: Section 15 repealed (Core requirements of regional land transport programmes prepared by Auckland Transport)
Repeal section 15
16: Section 16 replaced (Form and content of regional land transport programmes (for regions other than Auckland))
Replace section 16
16: Form and content of regional land transport plans
1: A regional land transport plan must set out the region’s land transport objectives, policies, and measures for at least 10 financial years from the start of the regional land transport plan.
2: A regional land transport plan must include—
a: a statement of transport priorities for the region for the 10 financial years from the start of the regional land transport plan; and
b: a financial forecast of anticipated revenue and expenditure on activities for the 10 financial years from the start of the regional land transport plan; and
c: all regionally significant expenditure on land transport activities to be funded from sources other than the national land transport fund during the 6 financial years from the start of the regional land transport plan; and
d: an identification of those activities (if any) that have inter-regional significance.
3: For the purpose of seeking payment from the national land transport fund, a regional land transport plan must contain, for the first 6 financial years to which the plan relates,—
a: for regions other than Auckland, activities proposed by approved organisations in the region relating to local road maintenance, local road renewals, local road minor capital works, and existing public transport services; and
b: in the case of Auckland, activities proposed by Auckland Transport; and
c: the following activities that the regional transport committee decides to include in the regional land transport plan:
i: activities proposed by approved organisations in the region or, in the case of Auckland, by the Auckland Council, other than those activities specified in paragraphs (a) and (b); and
ii: activities relating to State highways in the region that are proposed by the Agency; and
iii: activities, other than those relating to State highways, that the Agency may propose for the region and that the Agency wishes to see included in the regional land transport plan; and
d: the order of priority of the significant activities that a regional transport committee includes in the regional land transport plan under paragraphs (a), (b), and (c); and
e: an assessment of each activity prepared by the organisation that proposes the activity under paragraph (a), (b), or (c) that includes—
i: the objective or policy to which the activity will contribute; and
ii: an estimate of the total cost and the cost for each year; and
iii: the expected duration of the activity; and
iv: any proposed sources of funding other than the national land transport fund (including, but not limited to, tolls, funding from approved organisations, and contributions from other parties); and
v: any other relevant information; and
f: the measures that will be used to monitor the performance of the activities.
4: An organisation may only propose an activity for inclusion in the regional land transport plan if it or another organisation accepts financial responsibility for the activity.
5: For the purpose of the inclusion of activities in a national land transport programme,—
a: a regional land transport plan must be in the form and contain the detail that the Agency may prescribe in writing to regional transport committees; and
b: the assessment under subsection (3)(e) must be in a form and contain the detail required by the regional transport committee, taking account of any prescription made by the Agency under paragraph (a).
6: A regional land transport plan must also include—
a: an assessment of how the plan complies with section 14
b: an assessment of the relationship of Police activities to the regional land transport plan; and
c: a list of activities that have been approved under section 20 but are not yet completed; and
d: an explanation of the proposed action, if it is proposed that an activity be varied, suspended, or abandoned; and
e: a description of how monitoring will be undertaken to assess implementation of the regional land transport plan; and
f: a summary of the consultation carried out in the preparation of the regional land transport plan; and
g: a summary of the policy relating to significance adopted by the regional transport committee under section 106(2)
h: any other relevant matters.
7: For the purposes of this section, existing public transport services
17: Section 17 repealed (Form and content of Auckland Transport's regional land transport programmes)
Repeal section 17
18: Section 18 amended (Consultation requirements)
Replace section 18(1)
1: When preparing a regional land transport plan, a regional transport committee—
a: must consult in accordance with the consultation principles specified in section 82 of the Local Government Act 2002; and
b: may use the special consultative procedure specified in section 83 of the Local Government Act 2002.
19: Section 18A amended (Consultation principles)
1: Replace the heading to section 18A Combining consultation processes
2: Repeal section 18A(1)
3: In section 18A(2)
a: replace subsection (1) section 18(1)
b: replace programme plan
4: In section 18A(3)
a: replace subsection (1) section 18(1)
b: replace programme plan
5: In section 18A(4) consult, under section 18 and this section, any organisation or person referred to in section 18 consult any organisation or person
20: Section 18B amended (Process for approving regional land transport programmes prepared by regional transport committees)
1: In the heading to section 18B programmes prepared by regional transport committees plans prepared for regional councils
2: In section 18B(1) to (6) and (8) programme plan
3: In section 18B(7) regional land transport programme regional land transport plan
21: Section 18C replaced (Auckland Transport must give Agency reasons for not including in its regional land transport programme activities or combinations of activities proposed by Agency)
Replace section 18C
18C: Reasons for not including activities in Auckland's regional land transport plan
If Auckland Transport decides not to include in its regional land transport plan an activity proposed by the Auckland Council or the Agency, Auckland Transport must, when forwarding its plan to the Agency, give the Auckland Council or the Agency (as the case may require) written advice of the decision and the reasons for the decision.
18CA: Review of regional land transport plans
1: A regional transport committee must complete a review of the regional land transport plan during the 6-month period immediately before the expiry of the third year of the plan.
2: In carrying out the review, the regional transport committee must have regard to the views of representative groups of land transport users and providers.
22: Section 18D amended (Variation of regional land transport programmes)
1: In the heading to section 18D programmes plans
2: Replace section 18D(1)
1: A regional transport committee may prepare a variation to its regional land transport plan during the 6 years to which it applies if—
a: the variation addresses an issue raised by a review carried out under section 18CA
b: good reason exists for making the variation.
3: In section 18D(3)(a) the Agency or the Auckland Council
4: In section 18D(5) and (6) programme plan
5: In section 18D(6) or Auckland Transport
6: In section 18D(7) and (8) regional land transport programme regional land transport plan
23: Section 18E amended (Changes to certain activities or combinations of activities)
1: In section 18E(1) section 16(1)(a) section 16(3)(a)
2: In section 18E(1) and (6) programme plan
24: Section 18F amended (Availability of regional land transport programmes)
1: In the heading to section 18F programmes plans
2: After section 18F(1)(a)(iv)
v: in the case of Auckland, the Auckland Council; and
3: In section 18F(1) and (2) programme plan
25: Section 18G amended (Separate consultation with Māori on particular activities)
1: In section 18G(1) approved organisation or the Agency approved organisation, the Auckland Council, or the Agency
2: In section 18G(2) approved organisation or the Agency approved organisation, the Auckland Council, or the Agency
26: Section 18J amended (Requirements before recommending Police activities or combinations of Police activities)
1: Replace section 18J(2)(a)(i) and (ii)
i: contribute to the purpose of this Act; and
ii: are consistent with the GPS on land transport.
2: Repeal section 18J(2)(b) and (c)
27: Section 19 repealed (Overview of national land transport programme)
Repeal section 19
28: Section 19A amended (Responsibility for preparing and adopting national land transport programme)
1: In section 19A(2) the start 1 September
2: Repeal section 19A(3)
3: In section 19A(4) subsection (3) this section
29: Section 19B amended (Core requirements for national land transport programme)
1: Replace section 19B(a)(i)
i: contributes to the purpose of this Act; and
2: Repeal section 19B(a)(ii)
3: In section 19B(a)(iii) relevant GPS GPS on land transport
4: Repeal section 19B(b)(i), (ii), and (vi)
5: In section 19B(b)(iii) programmes plans
30: Section 19C amended (Content of national land transport programme)
1: In section 19C(c) relevant GPS GPS on land transport
2: In section 19C(f)(i) programme plan
31: Section 19D amended (Notification about decision not to include activities in national land transport programme)
In section 19D(1)(b) regional land transport programme regional land transport plan
32: Section 19E amended (Variation of national land transport programme)
Replace section 19E(3)
3: If the GPS on land transport is amended under section 90(1)
33: Section 20 amended (Approval of activities and combinations of activities)
1: Replace section 20(2)(c)
c: the activity or combination of activities is—
i: consistent with the GPS on land transport; and
ii: efficient and effective; and
2: Replace section 20(2)(d)
d: the activity or combination of activities contributes to the Agency’s objective; and
3: Replace section 20(3)
3: In approving a proposed activity or combination of activities, the Agency must—
a: take into account—
i: any national energy efficiency and conservation strategy; and
ii: any relevant national policy statements and relevant regional policy statements that are for the time being in force under the Resource Management Act 1991; and
b: act in accordance with its operating principles.
4: In section 20(5)(a) relevant GPS GPS on land transport
5: In section 20(5)(b)(iii) relevant GPS GPS on land transport
34: Section 22 amended (Funding for Māori roadways)
In section 22(3) programme plan
35: Section 26 amended (Payments exempt from procurement procedure)
Replace section 26(e)
e: made in respect of any public transport service identified as integral to a public transport network in relation to any 12-month period that follows the withdrawal or proposed withdrawal of the operator from the provision of the service; or
36: Section 35 amended (Needs of transport disadvantaged must be considered)
1: In the heading to section 35 transport disadvantaged transport-disadvantaged
2: In section 35 programme or plan
3: In section 35 transport disadvantaged transport-disadvantaged
37: Section 38A repealed (Good reasons for refusing to supply requested information)
Repeal section 38A
38: Section 40 repealed (Apportionment of excise duty and excise-equivalent duty)
Repeal section 40
39: Subpart 2 heading in Part 2 amended
In the subpart 2 heading in Part 2 and concession agreements
40: Section 46 amended (Authority to establish road tolling scheme)
Replace section 46(3)(g)
g: specify, in relation to a new road, the purposes under subsection (1) for which toll revenue inflow may be used (including reimbursement of the costs related to the new road):
41: Section 48 amended (Procedure for recommending making of order under section 46)
1: Replace section 48(1)
1: The Minister must not recommend the making of an Order in Council under section 46(1) unless he or she is satisfied—
a: that the relevant public road controlling authority or authorities have carried out adequate consultation on the proposed tolling scheme; and
b: with the level of community support for the proposed tolling scheme in the relevant region or regions; and
c: that the requirement in subsection (2) (if applicable) is met; and
d: that a feasible, untolled, alternative route is available to road users; and
e: that the proposed tolling scheme is efficient and effective.
2: Repeal section 48(3) and (5)
42: New sections 48A and 48B inserted
After section 48
48A: Authority to establish road tolling scheme for Route K
Despite section 46(1), the Governor-General may, by Order in Council made on the recommendation of the Minister, establish a road tolling scheme for Route K as if it were a new road and sections 46 and 50 to 55 apply with the necessary modifications.
48B: When tolling power is exercisable for Route K
1: The power of a public road controlling authority or toll operator to begin tolling a road or part of it in accordance with an Order in Council made under section 48A
2: The power of a public road controlling authority or toll operator to continue tolling a road or part of it in accordance with an order made under section 48A
a: during the period specified for the purpose in the order; or
b: if no period is specified in the order, while the toll-setting provisions of the order remain in force.
43: Section 49 repealed (Consultation requirements)
Repeal section 49
44: Section 50 amended (Privacy)
After section 50(5)
6: Personal information to which this section applies may be retained only for as long as is reasonably necessary to—
a: collect the tolls that relate to that personal information:
b: enforce the provisions of this Act in relation to unpaid tolls that relate to that personal information:
c: comply with any information retention requirements specified in any other enactment that relate to that personal information.
7: For the purposes of this section, personal information
45: Section 51 amended (Payment of tolls)
Repeal section 51(3)
46: Section 52 amended (Who is liable to pay toll)
1: After section 52(3)
3A: Notice under subsection (3) may be given by—
a: ordinary post delivered to the street address of the registered person's usual or last known place of business or residence:
b: electronic means of communication delivered to the registered person's electronic address if the toll operator complies with the Electronic Transactions Act 2002.
3B: Unless the registered person proves that the registered person did not (through no fault of the registered person) receive the notice given under subsection (3), a notice delivered by—
a: ordinary post is to be treated as having been delivered 5 working days after the date on which it was posted:
b: electronic means of communication is to be treated as having been delivered on the day after the date on which it was delivered to the person's electronic address.
2: Replace section 52(5)
5: Tolls are not payable in respect of any motor vehicle that—
a: is an emergency vehicle; or
b: is exempt by virtue of an Order in Council made under section 46(1).
6: For the purposes of subsection (5), emergency vehicle
a: as a Police vehicle:
b: as an ambulance service vehicle:
c: as a fire service vehicle.
47: Section 54 amended (Offences and penalties)
In section 54(1) refuses or
48: Cross-heading above section 56 replaced
Replace the cross-heading above section 56 Delegation
49: Sections 56 to 60 repealed
Repeal sections 56 to 60
50: Section 61 amended (Delegation of roading functions and powers to concessionaires)
1: In the heading to section 61 to concessionaires
2: Replace section 61(1)
1: For the purpose of enabling another person to construct or operate a new road, a road controlling authority may, with the prior approval of the Minister, delegate in writing to that person all or any of its functions and powers under—
a: Part 21 of the Local Government Act 1974; or
b: Part 4 of the Government Roading Powers Act 1989, other than the power under section 61(3) of that Act to make bylaws or the power under section 62 of that Act to delegate.
3: In section 61(2) a concessionaire another person
4: In section 61(2)(a) concessionaire person
5: In section 61(2)(b) concessionaire person
6: In section 61(3) concessionaire person
7: After section 61(4)
5: For the purposes of this section, person
51: Section 62 amended (Effect of delegation under section 61)
In section 62(4) on the terms and conditions agreed in the relevant concession agreement at any time
52: Section 63 amended (Leasing)
1: Replace section 63(1)
1: A road controlling authority may, for the purpose of enabling another person to construct or operate a new road and with the prior written approval of the Minister, grant a lease for a term not longer than 49 years over any land under the control of the road controlling authority.
2: Repeal section 63(2)
3: Replace section 63(3)(b)
b: an existing road or a new road or a portion of an existing road or a new road; and
4: Repeal section 63(4)(a)
5: In section 63(4)(b) concession written
6: In section 63(5) concession written agreement
7: After section 63(7)
8: For the purposes of this section, written agreement
53: Section 65 amended (This Part and other land transport legislation enforceable in relation to concession roads and toll roads)
1: In the heading to section 65 concession roads and
2: In section 65(2) concession road or
3: In section 65(2)(a) who are constables and enforcement officers who are a Police employee who is not a constable who are not constables but who are Police employees
4: In section 65(2)(b) section 208(1) or (3)(a)(iii)
5: In section 65(3) concession road or
54: Subpart 3 of Part 2 repealed
Repeal subpart 3
55: Sections 66 to 71 and cross-heading above section 66 replaced
1: Replace sections 66 to 71 GPS on land transport
66: Minister must issue GPS on land transport
1: The Minister must issue a GPS on land transport—
a: before the start of the first financial year to which it applies; and
b: that covers a period of 6 financial years.
2: The Minister must issue a replacement GPS on land transport under subsection (1) before the current GPS on land transport expires.
3: If a GPS on land transport that is issued under subsection (1) is replaced, the GPS on land transport that is replaced expires on the date that it is replaced.
67: Preparation or review of GPS on land transport
1: When preparing or reviewing a GPS on land transport, the Minister must—
a: be satisfied that the GPS on land transport contributes to the purpose of this Act; and
b: take into account—
i: any national energy efficiency and conservation strategy; and
ii: any relevant national policy statement that is in force under the Resource Management Act 1991; and
c: have regard to the views of Local Government New Zealand and representative groups of land transport users and providers.
2: For the purposes of subsection (1), the Minister must, at least once in every period of 3 financial years, review the Crown's land transport investment strategy required under section 68(1)(b)
3: To avoid doubt, nothing in subsection (2) limits section 90(1)
4: Before issuing a GPS on land transport, the Minister must consult the Agency about the proposed GPS on land transport.
68: Content of GPS on land transport
1: The GPS on land transport must include—
a: the results that the Crown wishes to achieve from the allocation of funding from the national land transport fund over a period of at least 10 consecutive financial years; and
b: the Crown's land transport investment strategy; and
c: the Crown's policy on borrowing for the purpose of managing the national land transport programme.
2: The Crown's land transport investment strategy—
a: must link the amount of revenue raised from road users with the planned levels of expenditure from the national land transport fund; and
b: must, for the first 6 financial years of the GPS on land transport and any subsequent years that the Minister considers relevant, address the following matters:
i: the short-term to medium-term results that the Crown wishes to achieve through the allocation of funding from the national land transport fund:
ii: the activity classes to be funded from the national land transport fund:
iii: likely revenue, including changes to the duties, fees, and charges paid into the national land transport fund:
iv: the identification of an expenditure target for the national land transport programme for each year:
v: a maximum and a minimum level of expenditure for the national land transport programme for each year (subject to the ability to carry forward funds from the closing balance of the national land transport fund for a financial year to a future financial year):
vi: an allowable variation between expenses and capital expenditure incurred under the national land transport programme and the inflows received by the national land transport fund:
vii: funding ranges for each activity class:
viii: the allowable reasons for varying the expenditure target identified under subparagraph (iv) when making funding allocation decisions:
ix: a statement of the Minister's expectations of how the Agency gives effect to the GPS on land transport; and
c: must specify the forecast funding ranges for each activity class for the period of 4 financial years following the first 6 financial years of the GPS on land transport; and
d: must state the overall investment likely to be made in the land transport sector over a period of 10 financial years and the likely or proposed funding sources.
3: The GPS on land transport—
a: may set out national land transport objectives, policies, and measures for a period of at least 10 financial years beginning on the date that the GPS on land transport is issued; and
b: must, subject to the Public Finance Act 1989, specify any additional expected funding for land transport activities, including (but not limited to) any money that Parliament may appropriate for the purpose.
69: Status of GPS on land transport
To avoid doubt, a GPS on land transport is not—
a: a direction for the purposes of Part 3 of the Crown Entities Act 2004; or
b: a regulation for the purposes of the Acts and Regulations Publication Act 1989; or
c: a regulation for the purposes of the Regulations (Disallowance) Act 1989.
70: Agency to give effect to GPS on land transport in respect of funding of land transport system
1: The Agency must give effect to the GPS on land transport when performing its functions under subpart 1 of Part 2 in respect of land transport planning and funding.
2: To avoid doubt, the GPS on land transport may not impose an obligation on the Agency to approve or decline funding for a particular activity or any combination of activities under section 20.
71: Availability of GPS on land transport
As soon as practicable after issuing a GPS on land transport, the Minister must—
a: present a copy of the GPS on land transport to the House of Representatives; and
b: arrange for a copy of the GPS on land transport to be given to each of the following:
i: the Secretary:
ii: the Agency:
iii: the Commissioner:
iv: every approved organisation:
v: the Auckland Council; and
c: make a copy of the GPS on land transport publicly available in accordance with section 108.
2: Subsection (3) takes effect on the repeal of the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989.
3: Replace section 69(b) and (c)
b: a legislative instrument for the purposes of the Legislation Act 2012; or
c: a disallowable instrument for the purposes of the Legislation Act 2012.
56: Sections 72 to 89 and related cross-headings repealed
Repeal sections 72 to 89 sections 73 84
57: Section 90 replaced (Amending current GPS)
Replace section 90
90: Amending GPS on land transport
1: The Minister may amend the GPS on land transport at any time.
2: The provisions of this Act regarding the preparation and availability of a GPS on land transport—
a: apply with the necessary modifications to an amendment to the GPS on land transport; but
b: do not apply if the amendment to the GPS on land transport is not significant.
58: Section 91 amended (Availability of GPS)
1: In the heading to section 91 GPS amended GPS on land transport
2: In section 91 a GPS an amended GPS on land transport
3: In section 91(a) to (c) the GPS the amended GPS on land transport
4: Replace section 91(b)(iv)
iv: every approved organisation:
v: the Auckland Council; and
59: Section 92 amended (Overview)
1: Replace section 92(2)(b)
b: section 16, which concerns the form and content of regional land transport plans, and includes procedures for the Agency to propose activities for inclusion in a plan; and
2: Replace section 92(2)(e)
e: section 70
60: Section 94 amended (Objective of Agency)
In section 94 an affordable, integrated, safe, responsive, and sustainable land transport system an effective, efficient, and safe land transport system in the public interest
61: Section 95 amended (Functions of Agency)
1: Replace section 95(1)(a)
a: to contribute to an effective, efficient, and safe land transport system in the public interest:
2: Replace section 95(1)(d)
d: to deliver or manage the delivery of its other activities, including (but not limited to) those relating to research, education, and training:
3: In section 95(1)(e)(i) and regional fuel taxes
62: Section 96 amended (Operating principles)
Replace section 96(1)(a)
a: exhibit a sense of social and environmental responsibility; and
63: Section 100 amended (Statement of intent)
In section 100(1)(a) GPS GPS on land transport
64: Section 101 amended (Secretary must monitor and review specified activities and procedures)
1: In the heading to section 101 must may
2: In section 101(1) must may
65: Section 102 amended (Monitoring and reporting on delivery of approved Police activities or combinations of Police activities)
1: In section 102(1) The Secretary, or the Agency if designated for the purpose by the Secretary, The Agency
2: In section 102(3) The Secretary must provide the Minister and the Agency The Agency must provide the Minister
3: Repeal section 102(4) and (5)
66: Section 103 amended (Secretary may declare State highways)
1: In the heading to section 103 Secretary Agency
2: Replace section 103(1)
1: The Agency, with the consent of the Secretary,—
a: may, by notice in the Gazette
b: must, by the same or a subsequent notice, define the route of the State highway by town, road name, or route position.
3: In section 103(3) Secretary Agency
4: In section 103(4) Secretary Agency
5: Replace section 103(8)
8: Before making a declaration under subsection (1) or varying or revoking a declaration under subsection (4), the Agency must consult any regional council or territorial authority that may be affected by the proposed declaration, variation, or revocation and, if the road concerned is within Auckland, the Agency must also consult Auckland Transport and the Auckland Council.
67: Section 105 amended (Regional transport committees)
1: Repeal section 105(2)(d) to (i)
2: Replace section 105(3)(a)
a: 4 persons to represent the unitary authority; and
3: Repeal section 105(3)(c) to (h)
4: Repeal section 105(5) and (8)
5: Replace section 105(9)
9: Despite subsections (1) to (3), 2 or more adjoining regional councils or Auckland Transport and 1 or more adjoining regional councils may agree in writing to establish a joint regional transport committee and prepare a regional land transport plan, in which case subsections (4), (6), and (7) apply with all necessary modifications.
9A: Despite subsections (1) to (3), the parties to a joint regional transport committee established under subsection (9) must appoint to the committee—
a: 2 persons to represent each regional council that is a party to the agreement:
b: 1 person to represent each territorial authority in the region of each regional council that is a party to the agreement:
c: 1 person to represent the Agency:
d: 2 persons to represent Auckland Transport if Auckland Transport is a party to the agreement.
9B: The agreement to establish a joint regional transport committee must specify the procedure for appointing the chair and deputy chair of the committee.
9C: The chair and deputy chair of a joint regional transport committee established under subsection (9) must,—
a: in the case of a joint regional transport committee made up of adjoining regional councils, both be persons who represent a regional council:
b: in the case of a joint regional transport committee made up of Auckland Transport and adjoining regional councils, both be persons who represent Auckland Transport or a regional council.
6: After section 105(10)
10A: If Auckland Transport establishes a joint regional transport committee with 1 or more adjoining regional councils under subsection (9), any reference to a regional council in Part 2 must be treated as a reference to Auckland Transport and each of those adjoining regional councils.
10B: If a joint regional transport committee is established under subsection (9), references to a region in Part 2 must be treated as references to each of the regions that are represented on the joint regional transport committee.
7: Repeal section 105(13)
68: Section 106 replaced (Functions of regional transport committee)
Replace section 106
106: Functions of regional transport committees
1: The functions of each regional transport committee (other than the regional transport committee for Auckland) are—
a: to prepare a regional land transport plan, or any variation to the plan, for the approval of the relevant regional council; and
b: to provide the regional council with any advice and assistance the regional council may request in relation to its transport responsibilities.
2: Each regional transport committee, including the regional transport committee for Auckland, must adopt a policy that determines significance in respect of—
a: variations made to regional land transport plans under section 18D; and
b: the activities that are included in the regional land transport plan under section 16
3: A joint regional transport committee established under section 105(9)
a: prepare the joint regional land transport plan in accordance with sections 14 and 16
b: consult in accordance with sections 18 and 18A; and
c: lodge the joint regional land transport plan with the relevant regional councils or Auckland Transport (as the case may be) in accordance with section 18B.
69: Section 107 amended (Procedure of committee)
1: Repeal section 107(1)
2: After section 107(3)
4: Despite section 43(2)(b) of the Local Government (Auckland Council) Act 2009, in the case of the regional transport committee for Auckland, the representative of the Agency has the same voting rights as that representative would have as a member of any other regional transport committee, including (but not limited to) voting rights for the purpose of preparing a regional land transport plan.
70: New Parts 5 and 6 inserted
After Part 4
5: Regulation of public transport
114: Application of certain provisions of Local Government Act 2002 to Auckland Transport
For the purposes of this Act, sections 76 to 83A, 87, and 89 of the Local Government Act 2002 apply, with any necessary modifications, to Auckland Transport as if it were a local authority.
115: Principles
1: All persons exercising powers or performing functions under this Part in relation to public transport services must be guided by each of the following principles to the extent relevant to the particular power or function:
a: regional councils and public transport operators should work in partnership and collaborate with territorial authorities to deliver the regional public transport services and infrastructure necessary to meet the needs of passengers:
b: the provision of public transport services should be coordinated with the aim of achieving the levels of integration, reliability, frequency, and coverage necessary to encourage passenger growth:
c: competitors should have access to regional public transport markets to increase confidence that public transport services are priced efficiently:
d: incentives should exist to reduce reliance on public subsidies to cover the cost of providing public transport services:
e: the planning and procurement of public transport services should be transparent.
2: Without limiting subsection (1), the principles specified in subsection (1) must be taken into account by—
a: the Agency when—
i: approving procurement procedures under section 25(1):
ii: preparing guidelines to be issued under section 95(1):
iii: approving the approach to procurement under section 120(3)
b: the Environment Court when it considers an appeal against a regional public transport plan under section 140
c: the Minister when the Minister considers making a recommendation under section 150 2004 No 92 s 4
116: Public transport services must be provided under contract
1: Any public transport service operated in a region must be provided under contract with a regional council as part of a unit unless it is an exempt service.
2: A regional council must contract for the provision of every unit on an exclusive basis.
1: Regional public transport plan
117: Purpose of regional public transport plans
The purpose of a regional public transport plan is to provide—
a: a means for encouraging regional councils and public transport operators to work together in developing public transport services and infrastructure; and
b: an instrument for engaging with the public in the region on the design and operation of the public transport network; and
c: a statement of—
i: the public transport services that are integral to the public transport network; and
ii: the policies and procedures that apply to those services; and
iii: the information and infrastructure that support those services.
118: Validity of regional public transport plans not affected by certain events
A regional public transport plan is not invalid merely because the regional council—
a: has failed to complete the review of the regional public transport plan within the time required by section 126(1)(b)
b: has included any matter that is not within the scope of the regional land transport plan so long as the regional public transport plan is otherwise consistent with the regional land transport plan. General requirements
119: Adoption of regional public transport plans
1: A regional council must, by resolution on or before 1 July 2015, adopt a regional public transport plan unless it does not intend to—
a: enter into any contract for the supply of any public transport service:
b: provide any financial assistance to any operator or user of—
i: a taxi service:
ii: a shuttle service.
2: A regional council may, by resolution at any time, vary or renew a regional public transport plan previously adopted by it.
3: The production in proceedings of a copy of a regional public transport plan purporting to have been adopted, varied, or renewed by a regional council under this section is, in the absence of evidence to the contrary, sufficient evidence of the plan and of the fact that it has been adopted, varied, or renewed in accordance with this section.
4: A regional council (or a territorial authority to which the responsibility is transferred under the Local Government Act 2002) may not delegate the responsibility for adopting, varying, or renewing a regional public transport plan to a committee or other subordinate decision-making body, or a member or an officer of the council (or territorial authority, as the case may be), or any other person.
5: If a territorial authority has joined a regional transport committee under section 105(11), the plan applying in the region of the regional transport committee applies to the entire area of the territorial authority.
120: Contents of regional public transport plans
1: A regional council, in a regional public transport plan,—
a: must—
i: identify the public transport services that are integral to the public transport network that the regional council proposes to provide; and
ii: provide an outline of the routes, frequency, and hours of operation of the services identified under subparagraph (i); and
iii: arrange all of the public transport services identified under subparagraph (i) into units; and
iv: indicate the date by which a unit is expected to start operating; and
v: indicate the date by which any exempt service that is to be replaced by a unit is to be deregistered; and
vi: identify any units for which the regional council intends to provide financial assistance; and
vii: identify any taxi services or shuttle services for which the regional council intends to provide financial assistance; and
viii: describe how the network of public transport services and the services referred to in subparagraph (vii) will assist the transport-disadvantaged; and
b: must specify any objectives and policies that are to apply to—
i: any units; and
ii: any services referred to in paragraph (a)(vii); and
c: may describe exempt services but may not make them subject to the objectives and policies described in paragraph (b); and
d: may state or describe any other matters that the regional council thinks fit.
2: Without limiting subsection (1)(b), a regional council must, in relation to any units, include in a regional public transport plan policies on—
a: accessibility, quality, and performance; and
b: fares and the method or formula or other basis for setting and reviewing those fares; and
c: the process for establishing units; and
d: the approach that will be taken to procuring the delivery of the service or services in a unit; and
e: how the procurement of units will be phased in over time; and
f: managing, monitoring, and evaluating the performance of units.
3: The approach to procurement specified in subsection (2)(d) must, in relation to a public transport service for which the regional council does not intend to provide financial assistance, be approved by the Agency.
4: A regional public transport plan must set out the policy the regional council will apply in determining whether a proposed variation to the regional public transport plan is significant for the purpose of section 126(4)
5: A regional public transport plan may—
a: provide that an action described in the plan must or may be done by a regional council or a committee or other subordinate decision-making body or a member or officer of the regional council; and
b: specify conditions that apply to that action.
6: Subsection (5) does not limit or affect anything in the Local Government Act 2002.
121: Notification and provision of copies of plans
1: If a regional council adopts or varies a regional public transport plan, the regional council must—
a: ensure that notice is given, as soon as practicable, in the relevant newspaper circulating in the region of the adoption or variation of the plan and its availability for inspection and purchase; and
b: give, as soon as practicable, to the operator of every public transport service in the region, and to every person who has notified the regional council of a proposal to operate an exempt service in the region, written or electronic notice of the adoption and a copy of the plan (or variation); and
c: within 20 working days of adopting or varying a regional public transport plan,—
i: notify, in writing or electronically, each of the following of the regional public transport plan or variation:
A: the Agency:
B: the Secretary:
C: the Minister of Education:
D: the relevant railway line access provider:
E: territorial authorities in the region:
F: the relevant regional transport committee:
G: in the case of a plan or a variation adopted by Auckland Transport, the Auckland Council; and
ii: ensure that—
A: copies of the plan or variation are kept at the regional council’s principal office and such other places that the regional council appoints and made available for public inspection, free of charge, and for purchase at a reasonable price; and
B: a copy of the plan or variation is made available on the regional council’s Internet site.
2: A regional council may publish a regional public transport plan and a regional land transport plan as a single document.
122: When regional public transport plans take effect
A regional public transport plan takes effect on the day that is 20 working days after the date on which the regional council adopts the plan.
123: Good-faith exclusion of regional councils from liability to pay compensation
1: Nothing included in a regional public transport plan in good faith makes a regional council liable to pay compensation to any person.
2: Nothing makes a regional council liable to pay compensation to any person for anything that is done in good faith by the regional council in—
a: removing an exempt service from the register; or
b: removing details of a variation to an exempt service from the register; or
c: declining to register an exempt service; or
d: declining to record a variation to an exempt service in the register.
124: Matters to take into account when adopting regional public transport plans
A regional council must, before adopting a regional public transport plan,—
a: be satisfied that the plan—
i: contributes to the purpose of this Act; and
ii: has been prepared in accordance with any relevant guidelines that the Agency has issued; and
iii: is, if it includes a matter that is not within the scope of the regional land transport plan, otherwise consistent with that plan; and
b: be satisfied that it has applied the principles specified in section 115(1)
c: take into account—
i: any national energy efficiency and conservation strategy; and
ii: any relevant regional policy statement, regional plan, district plan, or proposed regional plan or district plan under the Resource Management Act 1991; and
iii: the public transport funding likely to be available within the region; and
iv: the need to obtain the best value for money, having regard to the desirability of encouraging a competitive and efficient market for public transport services; and
v: the views of public transport operators in the region; and
d: consider the needs of persons who are transport-disadvantaged.
125: Consultation requirements for regional public transport plans
1: When preparing a draft regional public transport plan, a regional council must consult—
a: the relevant regional transport committee (and, in the case of Auckland Transport, the Auckland Council and each affected local board of the Auckland Council); and
b: the Agency; and
c: every operator of a public transport service in the region; and
d: every person who has notified the regional council of a proposal to operate an exempt service in the region; and
e: the Minister of Education; and
f: the territorial authorities in the region; and
g: the relevant railway line access provider.
2: Before adopting a regional public transport plan, a regional council or Auckland Transport (as the case may be)—
a: must consult in accordance with the consultative principles specified in section 82 of the Local Government Act 2002; and
b: may use the special consultative procedure specified in sections 83, 87, and 89 of the Local Government Act 2002, and those sections apply for the purposes of this section with the necessary modifications.
3: A regional council that is preparing a regional public transport plan may request any information from any territorial authority within its region that the regional council considers necessary to perform its functions under this Act in relation to that plan, and the territorial authority must promptly comply with that request.
4: A regional council may carry out consultation on a proposal to adopt a regional public transport plan in conjunction with the relevant regional transport committee’s consultation on its regional land transport plan under this Act.
126: Currency and variation of regional public transport plans
1: A regional public transport plan adopted under section 119
a: must, at all times, be kept current for a period of not less than 3 years in advance, but not more than 10 years in advance; and
b: may be reviewed by the regional council from time to time, but must be reviewed and, if necessary, renewed or varied at the same time as, or as soon as practicable after, the public transport service components of a regional land transport plan are approved or varied.
2: Subject to subsections (4) and (5), the provisions of this Act that apply to the adoption of a regional public transport plan apply with the necessary modifications to a variation or renewal of a regional public transport plan.
3: A variation forms part of the regional public transport plan it varies.
4: Section 125(1) section 125(2)(a)
5: Subsection (4) does not apply to a variation that would alter the policy that the regional council applies in determining whether a proposed variation to a regional public transport plan is significant.
6: A regional council may, by resolution publicly notified, correct minor errors in a regional public transport plan but only if the correction does not affect an existing right, interest, or duty of any person or organisation that is affected by or has an interest in the regional public transport plan.
127: Power to require information from operators of public transport services
1: A regional council—
a: may require an operator of a unit to provide the regional council with patronage data and fare revenue data for that unit; and
b: must publish—
i: patronage data provided under paragraph (a); and
ii: data that shows the extent to which the unit is subsidised; and
c: may disclose the fare revenue data provided under paragraph (a) to any person who is registered by the regional council to tender for the provision of a unit.
2: A regional council may require the information required under subsection (1) to be provided to the regional council in any specified form in which, having regard to the manner in which the information is kept by the operator, it is reasonable to expect the operator to provide it.
128: Power to require information from regional councils and Auckland Transport
1: The Agency may require a regional council to provide it with information related to public transport planning, contracting, and monitoring that is necessary to enable the Agency to perform its functions under this Act, including information provided to the regional council under section 127
2: If the Agency requires the regional council to provide information under subsection (1), the regional council must provide the information as soon as is reasonably practicable.
3: The Auckland Council may require Auckland Transport to provide it with any information related to the preparation of Auckland Transport’s regional public transport plan that is necessary to enable the Auckland Council to perform its function of providing funds to Auckland Transport for land transport purposes under the Local Government (Auckland Council) Act 2009, including information provided to Auckland Transport under section 127
4: If the Auckland Council requires Auckland Transport to provide any information under subsection (3), Auckland Transport must provide the information as soon as is reasonably practicable.
129: Disclosure of information received under sections 127 and 128
1: If a regional council or the Auckland Council (an organisation section 127 or 128
a: to registered tenderers under section 127(1)(c)
b: to the organisation’s professional advisers; or
c: in the case of information received by an organisation that is a regional council, to those persons or entities engaged by the regional council to carry out public transport planning, contracting, or monitoring; or
d: to the Agency, in accordance with section 128(2)
e: in the case of information received by Auckland Transport, to the Auckland Council, in accordance with section 128(4)
f: subject to subsection (2), in response to a request made under the Local Government Official Information and Meetings Act 1987; or
g: where the fare revenue data was provided to the organisation 5 years or more before the date of the disclosure; or
h: where—
i: the operator of the unit (the former operator
ii: the former operator’s public transport business has not been disposed of as a going concern to any other person.
2: If an organisation receives a request under the Local Government Official Information and Meetings Act 1987 to release any information described in subsection (1),—
a: the organisation must make all reasonable efforts to notify immediately the person who provided the information to the organisation that a request to release the information has been received; and
b: the person must, within 10 working days after receiving the notice, advise the organisation whether that person believes the information should be withheld under section 7(2)(b) of the Local Government Official Information and Meetings Act 1987 and give reasons for that belief; and
c: the organisation may release the information after the expiry of the period specified in paragraph (b) if, having complied with its obligations under this subsection and having regard to the person’s response (if any), the organisation cannot identify any reason for withholding the information under the Local Government Official Information and Meetings Act 1987.
3: If the Agency receives under section 128(1) section 127
a: to the Agency’s professional advisers; or
b: subject to subsection (4), in response to a request made under the Official Information Act 1982; or
c: where the information received from the regional council was provided to the regional council 5 years or more before the date of the Agency’s disclosure; or
d: where—
i: the operator of the unit (the former operator
ii: the former operator’s public transport business has not been disposed of as a going concern to any other person.
4: If the Agency receives a request under the Official Information Act 1982 to release any information described in subsection (3),—
a: the Agency must make all reasonable efforts to notify immediately the person who provided the information to the regional council that a request to release the information has been received by the Agency; and
b: the person must, within 10 working days after receiving the notice, advise the Agency whether that person believes the information should be withheld under section 9(2)(b) of the Official Information Act 1982 and give reasons for that belief; and
c: the Agency may release the information after the expiry of the period specified in paragraph (b) if, having complied with its obligations under this subsection and having regard to the person’s response (if any), the Agency cannot identify any reason for withholding the information under the Official Information Act 1982.
2: Registration of exempt services
Register of exempt services
130: All exempt services to be registered
1: No person may operate an exempt service specified in subsection (2) in a region unless, at the time it is operated, the service is registered with the regional council of that region.
2: The following public transport services are exempt services:
a: an inter-regional public transport service:
b: a public transport service,—
i: in a region that is required to have a regional public transport plan, that—
A: begins, or is to begin, operating after the plan is adopted; and
B: is not identified in the plan as integral to the public transport network; and
C: operates without a subsidy for the provision of the service:
ii: in a region that is not required to have a regional public transport plan, that operates within the region:
c: a public transport service that is specified as an exempt service by an Order in Council made under section 150
3: For the purposes of subsection (2)(b)(i)(C), subsidy
131: Register of exempt services
1: A regional council must keep a current register of all public transport services that are exempt services.
2: A regional council must record in the register—
a: the name of the operator of the exempt service; and
b: if the operator is a company that is not a listed company, the name of each shareholder of the operator (or, if the operator is a subsidiary within the meaning of section 5 of the Companies Act 1993, the name of its ultimate holding company); and
c: the contact details of the operator of the exempt service, including the operator’s business address, telephone number, email address (if any), and Internet site (if any); and
d: the routes of the exempt service; and
e: the date the exempt service is intended to begin.
3: Despite subsection (1), a public transport service that was operating as a registered exempt service before it was identified in the regional council’s regional public transport plan as integral to the public transport network must remain on the register and may continue operating as if it were an exempt service until it is deregistered under section 137
132: Contents of register to be made available to public
A regional council that keeps a register of exempt services under this subpart must ensure that—
a: the information on the register is reasonably readily available for public inspection, whether in written or electronic form, free of charge and during normal office hours; and
b: a copy of the information that is on the register can be made available for purchase by the public at a reasonable price.
133: Notification of proposal to operate or vary exempt services
1: In accordance with the applicable period referred to in subsection (4), a person who proposes to—
a: operate an exempt service must notify every regional council in whose region the proposed service is to operate of—
i: the name of the operator; and
ii: the name of each shareholder of the operator (or, if the operator is a subsidiary within the meaning of section 5 of the Companies Act 1993, the name of its ultimate holding company) if the operator is a company that is not a listed company; and
iii: the contact details of the operator (including the operator’s business address, telephone number, email address, and Internet site address (if any)); and
iv: the proposed route or routes of the service; and
v: the date the service is intended to commence; and
vi: the timetables for the service; and
vii: the stops, stations, or terminals for the service:
b: vary any of the details of an exempt service described in paragraph (a)(i) to (iv), (vi), and (vii) must notify that regional council of—
i: the variation; and
ii: the date the variation is intended to take effect; and
iii: the intended duration of the variation.
2: With the consent of the regional council concerned, any notice required by this section to be given by any person may—
a: be given by an organisation on behalf of the person; and
b: relate to any number of exempt services.
3: The regional council may, with the agreement of the operator, reduce or waive the period of notice required by subsection (1) if it is satisfied that the public would not be unreasonably disadvantaged by the earlier commencement or variation of the exempt service.
4: For the purposes of subsection (1), applicable period
5: For the purposes of subsection (1)(b), exempt service
a: was registered under the Public Transport Management Act 2008; and
b: will continue to operate as an exempt service under this Part.
134: Grounds for declining registration or variation of exempt services
1: A regional council may, on the grounds set out in subsection (2), decline to—
a: register an exempt service; or
b: record in the register a variation of the route or routes of an exempt service.
2: The grounds are that—
a: the exempt service, or the variation of the route or routes, is—
i: likely to have a material adverse effect on the financial viability of any unit; or
ii: likely to increase the net cost to the regional council of any unit; or
iii: contrary to sound traffic management or any environmental factor identified by the regional council as important to its region; or
b: the regional council is yet to adopt its regional public transport plan; or
c: the regional council has adopted a regional public transport plan and it identifies the service as integral to the public transport network.
135: Process for declining registrations or variations of exempt services
If a regional council declines to register an exempt service or record in the register a variation of a route of an exempt service under section 134 section 133(1)
a: the decision; and
b: the reasons for the decision and a summary of the information supporting the decision; and
c: the operator's right under section 141
136: Registration of and variation to exempt services
1: Within 15 working days (or such longer period as the regional council and operator may agree) of receiving a notice under section 133(1)
a: register the exempt service to which the notice relates, unless the regional council declines to register the service under section 134
b: record in the register the variation of the details of the exempt service to which the notice relates, unless the variation relates to the route or routes of the exempt service and is declined by the regional council under section 134
2: The registration of an exempt service or the variation of an exempt service under this section remains in effect until the service is deregistered, or the details of the variation are removed, in accordance with section 137(1), (2), or (4), or 139(3)
137: Deregistration of exempt services and removing details of variations
1: A regional council may, at any time, deregister all or part of an exempt service if the regional council is satisfied that the operator—
a: has persistently failed to operate the exempt service or part of the exempt service; or
b: has failed to commence operating the exempt service within 90 days after the registration of the exempt service.
2: A regional council may, at any time, remove the details of a variation to the route or routes of an exempt service from the register, if the regional council is satisfied that the exempt service has failed to commence operating in accordance with the variation within 90 days after the regional council records the details of the variation in the register.
3: A regional council may not deregister all or part of an exempt service under subsection (1) or remove the details of a variation under subsection (2) if the operator has failed to operate the exempt service owing to circumstances beyond the reasonable control of the operator.
4: A regional council must, on the date specified by the regional council in a notice to the operator, deregister a public transport service that was operating as an exempt service before it was—
a: required, by Order in Council, to be replaced by a unit; and
b: identified in the regional council's regional public transport plan as integral to the public transport network.
138: Process for deregistering exempt services or removing details of variations
1: A regional council may not deregister all or part of an exempt service or remove the details of a variation to an exempt service from the register under section 137
a: notified the operator of the service of its intention to deregister all or part of the service or remove the details of the variation to the service from the register, and of—
i: the reasons for its intention and a summary of the information supporting those reasons; and
ii: the procedure to be followed in making a final decision; and
iii: the operator's right under section 141
b: given the operator the opportunity to make written submissions and, if the operator wishes, be heard within 30 working days after receiving the notice from the regional council (or such longer period as the regional council and operator may agree).
2: If the operator requests a hearing, the regional council must—
a: appoint a time and place for the hearing and give reasonable notice of this to the operator; and
b: hear the matter in public, unless permitted to do otherwise by the Local Government Official Information and Meetings Act 1987; and
c: establish a procedure for hearing the matter that is appropriate and fair in the circumstances.
3: In determining an appropriate procedure for a hearing, the regional council must—
a: avoid any unnecessary formality; and
b: not permit anyone other than the chairperson or a member of the regional council to question the operator; and
c: permit the operator to be heard (either in person or by a representative) and submit evidence; and
d: permit an officer of the council to present advice and reports; and
e: not permit any other person to be heard at the hearing except by agreement with the operator.
4: If the regional council makes a final decision to deregister an exempt service or remove from the register the details of a variation to an exempt service, the regional council must give written notice to the operator of—
a: the decision; and
b: the reasons for the decision and a summary of the information supporting the decision; and
c: the date on which the deregistration or the removal of the details of the variation takes effect (which may not be earlier than the date of notification); and
d: the operator's right under section 141
5: This section does not apply to the deregistration of a public transport service under section 137(4)
139: Withdrawal of exempt services
1: The operator of an exempt service who proposes to withdraw from providing the exempt service must notify the regional council in whose region the exempt service is registered of that proposal not less than 15 working days before the exempt service is to cease operating.
2: The regional council may reduce or waive the period of notice required by subsection (1), if it is satisfied that the public would not be unreasonably disadvantaged by the earlier withdrawal of the exempt service.
3: The regional council must remove the withdrawn exempt service from the register of exempt services within 15 working days after the date that the exempt service ceases to operate.
3: Miscellaneous
Appeals
140: Right to appeal to Environment Court
1: An operator of a public transport service may appeal to the Environment Court against the arrangement of public transport services into units and the allocation of those units in a regional public transport plan if affected by the arrangement or allocation.
2: An operator of a public transport service who wishes to appeal must lodge a notice of appeal with the Environment Court within 15 working days after receiving notice of the adoption and a copy of the plan under section 121(1)(b)
3: An operator of a public transport service who lodges a notice of appeal with the Environment Court under subsection (2) must serve a copy of the notice on the regional council and every other operator of a public transport service in the region within 5 working days after the appeal is lodged.
4: The New Zealand Transport Agency has the right to appear and be heard during any appeal under this section.
5: The court must hear the appeal on the merits of the case and do 1 or more of the following:
a: dismiss the appeal:
b: refer the plan back to the regional council to modify in accordance with any directions of the court.
6: The court may not direct a regional council to modify a plan in a manner that would impose an additional financial obligation on the regional council or any other person, unless the regional council or other person consents to that modification of the plan.
7: Part 11 of the Resource Management Act 1991, and any regulations made under that Act that relate to that Part, apply to an appeal under this section with all necessary modifications.
8: A notice of appeal must state any matters that regulations made under the Resource Management Act 1991 require to be stated in the case of an appeal under section 120 of that Act.
141: Appeals to District Court
1: A person may appeal to a District Court against an adverse decision relating to that person if the person is an operator of an exempt service or a proposed exempt service that is the subject of the decision.
2: For the purposes of subsection (1), adverse decision
a: decline to register an exempt service under section 134
b: decline to record in the register a variation of the route or routes of an exempt service under section 134
c: deregister an exempt service under section 137
d: remove the details of a variation of the route or routes of an exempt service from the register under section 137
142: Procedure for appeals to District Court
1: An appeal under section 141
2: Subject to subsection (1), an appeal must be made and determined in accordance with Part 5 of the District Courts Act 1947 and the rules of the District Court made under that Act.
3: Subject to sections 144 and 145 section 141
143: Decisions of regional councils to continue in force pending appeals, etc
1: Subject to subsection (2), a decision of a regional council appealed against under section 141, 144, or 145
2: Pending the outcome of an appeal, a District Court may suspend the regional council’s decision if the court is satisfied that public safety would not be compromised.
144: Appeals to High Court on questions of law
1: A party to an appeal under section 141
2: The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
145: Further appeals to Court of Appeal
1: A party to an appeal under section 144
2: The Court of Appeal may make any order or determination that it thinks fit in relation to the appeal.
3: Except as provided in this section, the procedure in respect of an appeal under this section must be in accordance with the applicable provisions of the High Court Rules or the Court of Appeal Rules, as the case may be. Offences
146: Operating unregistered exempt services
1: A person who, without reasonable excuse, operates, in a region, an exempt service that is not registered under section 136
a: $30,000, in the case of a first offence against this section; and
b: $60,000, in the case of a second or subsequent offence against this section.
2: However, subsection (1) does not apply if the person was operating in accordance with section 131(3), 153(2), or 154(2)
147: Operating public transport services that are not exempt or contracted
1: A person who, without reasonable excuse, operates, in a region, a public transport service that is not an exempt service and is not provided as a unit or part of a unit under contract with the regional council commits an offence and is liable on summary conviction to a fine not exceeding—
a: $30,000, in the case of a first offence against this section; and
b: $60,000, in the case of a second or subsequent offence against this section.
2: However, subsection (1) does not apply if the person was operating—
a: in accordance with section 131(3), 153(2), 154(2), or 157
b: under a contract that is funded in accordance with section 26(e)
148: Varying registered exempt services without giving notice required by section 133
A person who, without reasonable excuse, operates, in a region, a registered exempt service and varies the route or routes, timetables, or stops, stations, or terminals of the registered exempt service without giving the notice required under section 133
a: $30,000, in the case of a first offence against this section; and
b: $60,000, in the case of a second or subsequent offence against this section.
149: Power to inspect records
1: For the purpose of ascertaining whether the provisions of this Part have been or are being complied with by any person to whom this Part applies, any enforcement officer in uniform or in possession of a warrant or other evidence of his or her authority as an enforcement officer may require that person to produce for inspection any relevant documents, books, or records in that person’s possession or over which that person has control (whether written or electronic), including (but not limited to) logbooks, financial records relating to revenue or expenditure, vehicle maintenance records, and driver roster and time records.
2: The enforcement officer may take extracts from or make copies of any documents, books, or records so produced. Regulations
150: Regulations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister tendered on the request of the Agency, make regulations—
a: specifying that a public transport service is an exempt service for the purposes of this Part:
b: requiring an exempt service to be replaced by a unit or part of a unit to be provided under contract:
c: requiring an inter-regional service operating before the commencement of this Part to be contracted as part of a unit, provided the service was receiving a subsidy.
2: Before recommending the making of an Order in Council under subsection (1), the Minister must be satisfied that the Agency has consulted any relevant regional council and,—
a: in the case of an Order in Council under subsection (1)(a), that the Agency has consulted the operator of the public transport service, and that—
i: the public transport service, while operating as an exempt service,—
A: will not receive a subsidy for the provision of the service; and
B: will not be an integral part of the relevant region’s public transport network; and
C: will not need its fares to be regulated; or
ii: the public transport service is being provided as part of the local roading network:
b: in the case of an Order in Council under subsection (1)(b), that the Agency has consulted the operator of the public transport service, and that the public transport service—
i: is an integral part of the relevant region’s public transport network; and
ii: needs its fares to be regulated:
c: in the case of an Order in Council under subsection (1)(c), that the Agency has obtained the agreement of the operator of the public transport service.
3: For the purposes of subsections (1)(c) and (2)(a)(i)(A), subsidy
4: To avoid doubt, the Minister may refuse the Agency's request that the Minister recommend the making of an Order in Council under this section.
6: Transitional and savings provisions
151: Interpretation
For the purposes of sections 152, 153, and 154
152: Transitional provisions for certain existing operators
1: This section applies to any operator that, immediately before the commencement of this section, operated a public transport service that was,—
a: on 30 June 2011, a bus service that—
i: was registered as a commercial public transport service under the Public Transport Management Act 2008; and
ii: offered fares set by a regional council:
b: on 30 June 2011, a ferry service that—
i: was registered as a commercial public transport service under the Public Transport Management Act 2008; and
ii: comprised 1 or more, but not all, of the trips conducted by a ferry on a route operated by the service:
c: a bus service or ferry service that was registered after 30 June 2011 as a commercial public transport service under the Public Transport Management Act 2008.
2: An operator to which this section applies must, if requested in writing by a regional council in whose region the bus service or ferry service operates, provide patronage data and fare revenue data relating to the service for the 3 years preceding the date on which the regional council makes the request.
3: A regional council—
a: must publish patronage data provided under subsection (2); and
b: may disclose the fare revenue data provided under subsection (2) to any person who is registered by the regional council to tender for the provision of a unit.
153: Transitional provisions for existing registered public transport services that will become exempt services
1: This section applies to a public transport service that,—
a: immediately before the commencement of this section, was—
i: an inter-regional public transport service that was registered as a commercial public transport service under the Public Transport Management Act 2008; or
ii: a public transport service carried on by a rail vehicle that was registered as a commercial public transport service under the Public Transport Management Act 2008:
b: as of 30 June 2011, was—
i: a bus service that—
A: was registered as a commercial public transport service under the Public Transport Management Act 2008; and
B: did not offer fares set by a regional council:
ii: a ferry service that—
A: was registered as a commercial public transport service under the Public Transport Management Act 2008; and
B: comprised all of the trips conducted by a ferry on every route operated by the service.
2: A public transport service to which this section applies is to be treated as an exempt service that has been registered under section 136
154: Transitional provisions for other existing public transport services that will stop operating
1: This section applies to a public transport service that,—
a: as of 30 June 2011, was—
i: a bus service that—
A: was registered as a commercial public transport service under the Public Transport Management Act 2008; and
B: offered fares set by a regional council:
ii: a ferry service that—
A: was registered as a commercial public transport service under the Public Transport Management Act 2008; and
B: comprised 1 or more, but not all, of the trips conducted by a ferry on a route operated by the service:
b: was a bus service or ferry service that was registered after 30 June 2011 as a commercial public transport service under the Public Transport Management Act 2008.
2: Despite section 116
3: The regional public transport plan must indicate the date by which any public transport service to which this section applies is expected to stop operating.
155: Transitional provisions for certain notifications
1: This section applies to any unprocessed notice given under section 32 (proposal to operate a commercial public transport service), 36 (proposed variation of a commercial public transport service), or 46 (withdrawal of a commercial public transport service) of the Public Transport Management Act 2008 before the commencement of this section.
2: If this section applies, a notice that is given under section 32, 36, or 46 of the Public Transport Management Act 2008 is to be treated as a notice given to operate, vary, or withdraw an exempt service under Part 5
a: an inter-regional service; or
b: a service that operates in a region that is not required to adopt a regional public transport plan.
3: Subject to subsection (2)(a), in a region that is required to adopt a regional public transport plan, an unprocessed notice given under—
a: section 32 or 36 of the Public Transport Management Act 2008 is to be treated as having lapsed:
b: section 46 of the Public Transport Management Act 2008 is to be treated as a notice to withdraw an exempt service under Part 5
156: Transitional provisions for certain existing documents or activities
1: Any regional public transport plan adopted under the Public Transport Management Act 2008—
a: continues in existence until whichever is the earlier of the following:
i: a regional public transport plan is adopted under section 119
ii: the close of 30 June 2015; and
b: may be varied during the period beginning with the commencement of this section and ending with the close of 30 June 2015 in accordance with this Act (as amended by the Land Transport Management Amendment Act 2013).
2: The regional public transport plan that is adopted or varied on or before 30 June 2015 must take the public transport components of the relevant regional land transport strategy into account and must not be inconsistent with the relevant regional land transport programme.
3: Any regional land transport programme in existence immediately before this section commences—
a: is to continue in existence until the close of 30 June 2015; and
b: is deemed to expire on the close of 30 June 2015; and
c: may be varied during the period beginning with the commencement of this section and ending with the close of 30 June 2015 in accordance with this Act (as amended by the Land Transport Management Amendment Act 2013) as if it were a regional land transport plan.
4: Any regional land transport strategy in existence immediately before this section commences—
a: is to continue in existence until the close of 30 June 2015; and
b: is deemed to expire on the close of 30 June 2015; and
c: may not be varied during the period beginning with the commencement of this section and ending with the close of 30 June 2015.
5: A GPS in existence immediately before this section commences—
a: is to be treated as a GPS on land transport issued under section 66(1)
b: expires on 1 July 2015; and
c: may be amended in accordance with this Act (as amended by the Land Transport Management Amendment Act 2013).
6: Despite anything in section 66 section 66
7: When arranging public transport services into units, a regional council must make all reasonable endeavours to ensure that any operator of a commercial public transport service in existence immediately before the commencement of this section is not unreasonably disadvantaged.
157: Transitional provision for existing contracted public transport services
A public transport service provided under contract to the regional council before the commencement of this section may continue to be provided by that operator under that contract (or a variation of that contract) until it is replaced by a unit, or part of a unit, in accordance with the regional public transport plan.
158: Savings provisions
1: Despite the repeal or amendment of the provisions specified in subsection (2), those provisions continue to apply (as if those sections had not been repealed or amended by the Land Transport Management Amendment Act 2013) during the period beginning with the commencement of this section and ending with the close of 30 June 2015.
2: The specified provisions referred to in subsection (1) are—
a: sections 26(2)(b) and 27(1)(c) of the Canterbury Earthquake Recovery Act 2011; and
b: sections 7A(2)(b), 13(5), 18J(2)(c)(ii), 19B(b)(ii), 20(3)(c), 48(1)(c)(i) (in so far as it relates to taking regional land transport strategies into account), 82, and 105(13) of this Act (immediately before being amended or repealed by the Land Transport Management Amendment Act 2013
c: sections 64(1)(d), 65(1)(d)(ii), and 82(3) of the Local Government (Auckland Transitional Provisions) Act 2010.
3: A person who, immediately before the commencement of section 71(2)
4: A person who fails to pay a toll that the person was liable to pay under the Tauranga District Council (Route K Toll) Empowering Act 2000 may be proceeded against under that Act as if that Act were still in force.
5: A proceeding commenced, before the commencement of section 71(2)
6: A toll collected, before the commencement of section 71(2)
7: Any contract entered into by the Tauranga City Council under section 18 of the Tauranga District Council (Route K Toll) Empowering Act 2000 is terminated on the date that section 71(2)
8: Despite subsection (7),—
a: a person who, immediately before the commencement of section 71(2)
b: the Tauranga City Council must refund any unused prepayment or transponder hire.
159: Transitional regulations
1: For the purposes of Part 5
a: prescribe transitional and savings provisions concerning the coming into force of this Act that may be in addition to, or in place of, the transitional and savings provisions in this Act:
b: provide that, during a specified transitional period and subject to any specified conditions,—
i: specified provisions of this Act (including definitions) do not apply:
ii: specified terms of this Act have the meaning given to them by regulations made under this Act:
iii: specified provisions repealed or amended or revoked by this Act are to continue to apply.
2: The Minister must, before making any recommendation,—
a: have regard to the principles specified in section 115
b: be satisfied that the proposed regulations are necessary or desirable to facilitate an orderly transition from the provisions of the Public Transport Management Act 2008 to Part 5
3: Any regulations made under this section may, for the transitional or savings purposes specified in subsection (1) (and without limiting that subsection), apply only to, or in respect of, 1 or more specified regions, services, or both.
4: Any regulations made under this section are revoked on the close of 31 December 2015.
5: This section is repealed on 1 January 2016.
2: Miscellaneous
71: Repeals
1: The Public Transport Management Act 2008
2: The Tauranga District Council (Route K Toll) Empowering Act 2000 2013-06-13 Public Transport Management Act 2008 section 71(1) OIC LI 2015/159 2015-08-01 Tauranga District Council (Route K Toll) Empowering Act 2000 section 71(2)
72: Consequential amendments
The enactments specified in the Schedule 2013-06-13 Canterbury Earthquake Recovery Act 2011 Criminal Procedure Act 2011 Government Roading Powers Act 1989 Land Transport Act 1998 Land Transport Management Amendment Act 2008 Local Government (Auckland Council) Act 2009 Local Government (Auckland Transitional Provisions) Act 2010 New Zealand Railways Corporation Act 1981 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Privacy Act 1993 Public Works Act 1981 Rugby World Cup 2011 (Empowering) Act 2010 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 Land Transport Management (Road Tolling Scheme for ALPURT B2) Order 2005 War Pensions Regulations 1956 |
DLM4093700 | 2013 | Mokomoko (Restoration of Character, Mana, and Reputation) Act 2013 | 1: Title
This Act is the Mokomoko (Restoration of Character, Mana, and Reputation) Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Taitara
Ko tēnei ture, ko Te Ture mō Mokomoko (Hei Whakahoki i te Ihi, te Mana, me te Rangatiranga) 2013.
2: Tīmatatanga
Ka whai mana tēnei Ture i te rā i muri tonu mai o te whakaaetanga a te Kāwana-Tianara.
1: Preliminary provisions
3: Purpose
1: The purpose of this Act is to give legal effect to the agreement between the Crown and te whānau a Mokomoko dated 28 September 2011 relating to statutory recognition of the free pardon dated 15 June 1992 granted to Mokomoko by the Governor-General in exercise of the Royal prerogative of mercy.
2: To that end, this Act—
a: reproduces the text of the free pardon granted to Mokomoko; and
b: acknowledges with regret that the free pardon did not expressly restore the character, mana, and reputation of Mokomoko nor the character, mana, and reputation of his uri and expresses the Crown's regret for any ongoing shame or stigma this has caused for his uri; and
c: acknowledges that the Crown should have consulted te whānau a Mokomoko about the wording of the free pardon; and
d: restores the character, mana, and reputation of Mokomoko and the character, mana, and reputation of his uri; and
e: does not prevent te whānau a Mokomoko from seeking through the Treaty settlement process the settlement of their historical Treaty of Waitangi claims.
4: Interpretation
In this Act, unless the context otherwise requires,— agreement
a: the Minister of Māori Affairs, the Honourable Dr Pita Sharples, for the Crown; and
b: Tuiringa Mokomoko for te whānau a Mokomoko Crown free pardon Schedule uri
a: birth:
b: legal adoption:
c: whāngai (Māori customary adoption) in accordance with tikanga.
5: Act binds the Crown
This Act binds the Crown.
2: Crown acknowledgements and restoration of character, mana, and reputation
6: Crown acknowledgements
1: The Crown—
a: acknowledges with regret that the free pardon granted to Mokomoko did not expressly restore his character, mana, and reputation, nor the character, mana, and reputation of his uri; and
b: expresses its regret for any ongoing shame or stigma that this has caused for his uri.
2: The Crown acknowledges with regret that it should have consulted te whānau a Mokomoko about the wording of the free pardon.
3: The Crown acknowledges that nothing in this Act prevents te whānau a Mokomoko from seeking through the Treaty settlement process the settlement of their historical Treaty of Waitangi claims.
7: Character, mana, and reputation of Mokomoko and his uri restored
It is declared that on and after the passing of this Act, the character, mana, and reputation of Mokomoko are restored and the character, mana, and reputation of his uri are restored.
Wāhi 1: Tuhinga hukihuki
3: Kaupapa
1: Ko te kaupapa o tēnei Ture, ko te whakamana-ā-ture i ngā whakaaetanga i waenga i te Karauna me te whānau a Mokomoko i te rā 28 o Hepetema 2011 e pā ana ki te whakamananga-ā-ture i te muru herekore i tukua ki a Mokomoko i te 15 o Hune 1992 e te Kāwana-Tianara i runga i te tikanga e kīia nei ko te whakataunga aroha o te Karauna.
2: Hei whakatutuki i ēnei āhuatanga, ka riro mā tēnei Ture hei—
a: whakatakoto anō i ngā kōrero mō te muru herekore i whakawhiwhia ki a Mokomoko; ā
b: whakaatu, me te tino pōuri, karekau i tuhia ki roto i te muru herekore he kupu hei āta whakahoki i te ihi, te mana, me te rangatirangatanga o Mokomoko me te ihi, te mana, me te rangatiratanga o āna uri, hei whakaatu hoki i te tino pōuri o te Karauna mō te whakamā me ngā mahi whakaparahako e tau ana ki runga i ngā uri; ā
c: whakaatu, ko te tikanga me kōrero te Karauna ki te whānau a Mokomoko mō ngā kupu tika mō te muru herekore; ā
d: whakahoki i te ihi, te mana, me te rangatiratanga o Mokomoko, hei whakahoki anō i te ihi, me te mana me te rangatiratanga o āna uri; ā
e: kore e aukati i te whānau a Mokomoko ki te rapu i te whakataunga o ā rātau kerēme Tiriti hītori ki roto i ngā tikanga mō te whakatau kerēme e pā ana ki Te Tiriti o Waitangi.
4: Whakamāoritanga
Kei roto i tēnei Ture, mei kore rānei i ngā tuhinga kōrero,— whakaaetanga
a: te Minita mō ngā Take Māori, te Hōnore Tākuta Pita Sharples, mō te Karauna; me
b: Tuiringa Mokomoko mō te whānau a Mokomoko Karauna Te Muru Herekore Kupu āpiti Uri
a: whānau:
b: whāngai-ā-ture:
c: whāngai (whāngai tikanga Māori).
5: Ture here i te Karauna
Ka herea te Karauna e tēnei Ture.
Wāhi 2: Ngā whakaaetanga a te Karauna me te whakahoki i te ihi, te mana, me te rangatiratanga
6: Ngā whakaaetanga a te Karauna
1: E mea ana te Karauna—
a: e whakaae ana, me te tino pōuri, kāore te muru herekore i whakawhiwhia ki a Mokomoko i āta whakahoki rawa i tana ihi, tana mana, me tana rangatiratanga, kāore hoki i āta whakahoki i te ihi, te mana, me te rangatiratanga o āna uri; ā
b: e tino pōuri ana mō te whakamā me ngā kōrero whakaparahako i tau ki runga i āna uri.
2: E whakaae ana te Karauna, me te tino pōuri, ko te tikanga ia kua kōrero ki te whānau a Mokomoko mō ngā kupu tika mō te muru herekore.
3: E whakaae ana te Karauna karekau he mea kei roto i tēnei Ture e aukati ana i te whānau a Mokomoko ki te rapu i te whakataunga o ā rātau kerēme Tiriti hītori ki roto i ngā tikanga mō te whakatau kerēme e pā ana ki Te Tiriti o Waitangi.
7: Te whakahoki i te ihi, te mana, me te rangatiratanga o Mokomoko me āna uri
E kīia ana, hei te wā e whakamanatia ai tēnei Ture, ā, hei muri ake nei, kua whakahokia te ihi, te mana, me te rangatiratanga o Mokomoko, ā, kua whakahokia anō hoki te ihi, te mana, me te rangatiratanga o āna uri. |
DLM5326902 | 2013 | Crown Entities Amendment Act 2013 | 1: Title
This Act is the Crown Entities Amendment Act 2013.
2: Commencement
1: Part 2
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Crown Entities Act 2004 principal Act 2013-07-18 Crown Entities Act 2004 The rest of this Act (except Part 2) comes into force on the day after the date on which it receives the Royal assent. 2014-07-01 Crown Entities Act 2004 Part 2
1: Amendments coming into force on day after date of Royal assent
4: Section 7 amended (Meaning of Crown entity and categories of Crown entities)
1: In section 7(1)(c) Definition A company that is—
a: a subsidiary of another Crown entity under sections 5 to 8 of the Companies Act 1993; or
b: a multi-parent subsidiary of 2 or more Crown entities .
2: After section 7(1)
1A: Despite section 5(3) of the Companies Act 1993, a Crown entity subsidiary must be a company incorporated under that Act.
5: New section 7A inserted (Meaning of multi-parent subsidiary)
After section 7
7A: Meaning of multi-parent subsidiary
1: A company is a multi-parent subsidiary
a: the company is not a subsidiary of any 1 Crown entity; but
b: if 2 or more Crown entities were treated as 1 entity (a combined entity
2: Despite section 5(3) of the Companies Act 1993, a multi-parent subsidiary must be a company incorporated under that Act. Example
Crown entities A, B, and C each own 20% of the issued shares of Company Limited. The remaining issued shares of Company Limited are not owned by Crown entities. Because Crown entities A, B, and C collectively own more than half of the issued shares of Company Limited ( see
6: Section 8 replaced (Meaning of parent Crown entity and Crown entity subsidiary)
Replace section 8
8: Meaning of parent Crown entity
A Crown entity ( A parent Crown entity parent B
a: A is a statutory entity or Crown entity company or school board of trustees or tertiary education institution; and
b: B is a subsidiary of A, or a multi-parent subsidiary of A and 1 or more other Crown entities, under the definition of Crown entity subsidiaries in the second column of section 7(1)(c)
7: Section 10 amended (Interpretation)
1: In section 10(1) Crown entity subsidiary Crown entity subsidiary the second column of section 7(1)(c) .
2: In section 10(1) monitor section 27A or 88A
a: a department (within the meaning of that term in the Public Finance Act 1989):
b: another Crown entity .
3: In section 10(1) multi-parent subsidiary multi-parent subsidiary section 7A .
4: In section 10(1) parent Crown entity parent section 8(1) section 8
8: New sections 10A and 10B inserted
After section 10
10A: Provisions affecting application of amendments to this Act
Schedule 1AAA see section 199A
10B: 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.
9: Section 27 amended (Responsible Minister's role)
1: In section 27(1) functions, functions
2: After section 27(2)
3: Despite section 28 of the State Sector Act 1988, the responsible Minister may not delegate any power under this Act except as provided in subsection (4)
4: The responsible Minister may delegate the power in section 133 to request information to the chief executive of a monitor (who may subdelegate this delegation to an employee of the monitor or to an individual working for the monitor as a contractor in relation to a function, duty, or power of the monitor).
10: New section 27A and cross-heading inserted
After section 27 Monitor's role
27A: Monitor's role
The role of the monitor is, in relation to the monitored statutory entity,—
a: to assist the responsible Minister to carry out his or her role (which is described in section 27); and
b: to perform or exercise any or all of the following functions, duties, or powers:
i: administering appropriations:
ii: administering legislation:
iii: tendering advice to Ministers:
iv: any other functions, duties, or powers in this Act or another Act that may, or must, be performed or exercised by the monitor.
11: Section 50 replaced (Functions must be performed efficiently, effectively, and consistently with spirit of service to public)
Replace section 50
50: Manner in which functions must be performed
The board of a statutory entity must ensure that the statutory entity performs its functions—
a: efficiently and effectively; and
b: in a manner consistent with the spirit of service to the public; and
c: in collaboration with other public entities (within the meaning of that term in the Public Audit Act 2001) where practicable.
12: Section 62 amended (When interests must be disclosed)
1: In section 62(3)(a) subsidiary that is owned by the entity together with another parent Crown entity or entities multi-parent subsidiary of the entity and 1 or more other Crown entities
2: After section 62(3)(c)
ca: only because he or she has past or current involvement in the relevant sector, industry, or practice; or .
13: Section 64 amended (Who disclosure of interests must be made to)
In section 64 temporary deputy
14: Section 68 amended (Permission to act despite being interested in matter)
In section 68(3) temporary deputy
15: Section 78 amended (Board procedure)
1: In the heading to section 78 Board Appointment of chairperson, etc, and board
2: In section 78 govern the appointment of a chairperson and deputy chairperson (including a temporary deputy chairperson) and
16: Section 88 amended (Shareholding Ministers' role)
After section 88(3)
4: Despite section 28 of the State Sector Act 1988, the shareholding Ministers may not delegate any power under this Act except as provided in subsection (5)
5: The shareholding Ministers may delegate the power in section 133 to request information to the chief executive of a monitor (who may subdelegate this delegation to an employee of the monitor or to an individual working for the monitor as a contractor in relation to a function, duty, or power of the monitor).
17: New section 88A and cross-heading inserted
After section 88 Monitor's role
88A: Monitor's role
The role of the monitor is, in relation to a monitored Crown entity company,—
a: to assist the shareholding Ministers to carry out their role (which is described in section 88); and
b: to perform or exercise any or all of the following functions, duties, or powers:
i: administering appropriations:
ii: administering legislation:
iii: tendering advice to Ministers:
iv: any other functions, duties, or powers in this Act or another Act that may, or must, be performed or exercised by the monitor.
18: Section 97 amended (Subsidiaries: rules applying to all Crown entities)
In section 97 to the extent of its powers to the extent that it is reasonably able to do so
19: Section 98 amended (Subsidiaries: rules applying only to statutory entities)
1: In section 98(1) to the extent of its powers to the extent that it is reasonably able to do so
2: Replace section 98(1)(a)
a: performs its functions—
i: efficiently and effectively; and
ii: in a manner consistent with the spirit of service to the public; and
iii: in collaboration with other public entities (within the meaning of that term in the Public Audit Act 2001) where practicable; and .
20: Cross-heading above section 103 amended
In the cross-heading above section 103 on government policy
21: Section 107 amended (Whole of government directions)
1: Replace the heading to section 107 Directions to support whole of government approach
2: Replace section 107(1)
1: The Minister of State Services and the Minister of Finance may jointly direct Crown entities to support a whole of government approach by complying with specified requirements for any of the following purposes:
a: to improve (directly or indirectly) public services:
b: to secure economies or efficiencies:
c: to develop expertise and capability:
d: to ensure business continuity:
e: to manage risks to the Government's financial position. Example
A direction may be given requiring that all Crown entities comply with e-government requirements to improve public services.
3: In section 107(2)(b) (for example, to all Crown agents) ; or
4: After section 107(2)(b)
c: to a group of Crown entities (whether made up of categories or types) if—
i: the group is made up of at least 3 Crown entities; and
ii: the entities in the group have in common at least 1 significant characteristic that relates to the direction (for example, the characteristic could relate to the Crown entities' asset holdings or presence in a region).
5: After section 107(2)
2A: For the purposes of subsection (2)(a), companies named in Schedule 4A
22: Section 108 amended (Process for giving whole of government directions)
In the heading to section 108 whole of government directions directions under section 107
23: Section 109 amended (House of Representatives may resolve to disapply whole of government direction)
1: In the heading to section 109 whole of government direction direction under section 107
2: In section 109 whole of government direction given direction
24: Section 110 amended (Obligation to give effect to direction)
In section 110 category or type or group
25: Section 111 amended (Publication of whole of government direction)
In the heading to section 111 whole of government direction direction under section 107
26: Section 113 amended (Safeguarding independence of Crown entities)
In section 113(3) whole of government directions directions under section 107
27: Cross-heading above section 114 repealed
Repeal the cross-heading above section 114
28: Section 114 amended (Crown entities must comply with directions given under statutory power of direction)
In section 114(1)(b) whole of government direction given to it direction
29: Section 115 amended (Procedure for all Ministerial directions)
1: Replace the heading to section 115 Procedure for ministerial directions on government policy
2: In section 115(3) amended, revoked, amended
3: After section 115(3)
3A: A Minister who is entitled to give a direction to a Crown entity is also entitled to revoke it by notice in writing to the entity, and, as soon as practicable after doing so, the Minister must publish that notice in the Gazette
4: In section 115(4) whole of government directions given directions
30: New section 115A inserted (Review and expiry of all directions)
After section 115
115A: Review and expiry of all directions
1: A ministerial direction under this Act or another Act may specify its expiry date.
2: A direction that does not specify its expiry date must be reviewed by the Minister or Ministers after the later of the following:
a: 5 years after the direction was given:
b: 5 years after the commencement of this section.
3: A Minister or Ministers reviewing a direction must, to the extent that they consider it necessary in the circumstances,—
a: consult the Crown entity or entities to which the direction applies; and
b: consult any persons that they consider are representative of the interests of persons likely to be substantially affected by the direction.
4: As soon as practicable after completing the review, the Minister or Ministers must notify the outcome of the review to—
a: the Crown entity or entities to which the direction applies; and
b: persons that were consulted under subsection (3)(b)
5: This section does not apply, in the case of directions given under another Act, if the other Act contains a procedure for reviewing directions.
31: Section 122 replaced (Indemnities in relation to excluded act or omission)
Replace section 122
122: Indemnities in relation to excluded act or omission
A statutory entity may only indemnify a member, an office holder, or an employee in respect of an excluded act or omission (including costs incurred in defending or settling any claim or proceeding relating to that excluded act or omission).
32: Section 127 amended (Method of contracting)
In section 127(2)(b) in accordance with this Part under section 129(1)
33: Section 133 amended (Power to request information)
After section 133(2)
2A: The board of a Crown entity must supply to the Minister of State Services any information requested by the Minister in accordance with subsection (2B)
2B: The Minister of State Services—
a: may request a Crown entity to supply information only for the purpose of assessing the capability and performance of the State services; and
b: must make the request to a group of Crown entities that—
i: is made up of at least 3 Crown entities; and
ii: has in common at least 1 significant characteristic that relates to the information requested (for example, the characteristic could relate to the Crown entities' asset holdings or presence in a region).
2C: Information supplied under subsection (2A)
34: Section 135 amended (Members, office holders, and employees are officials)
After section 135(1)
1A: In this section, individuals working for the Crown entity as contractors or secondees in relation to a function, duty, or power of the Crown entity are to be treated as if they are employees.
1B: This section also applies to a person who was formerly a person described in subsection (1)(a) or (b) or (1A)
a: while that person was a person described in subsection (1)(a) or (b) or (1A)
b: after the commencement of this subsection.
35: Section 148 amended (Amendments to statement of intent by Crown entity)
In section 148(2)(b)(i) whole of government direction direction under section 107
36: Section 150 amended (Obligation to prepare, present, and publish annual report)
1: Replace subsection (3) with:
3: A responsible Minister of a Crown entity (or another Minister, if subsection (6)
2: After section 150(4)
5: An entity's annual report may be presented or published in a document that includes any other report or information, whether or not that other report or information relates to the entity, but only if each report or set of information is separately identifiable within that document.
6: A Minister other than the responsible Minister may present an entity's annual report to the House of Representatives if—
a: the report is presented in a document that includes another report or other information; and
b: that other Minister is responsible for presenting that other report or information.
37: Section 151 amended (Form and content of annual report)
Replace section 151(1)(f)
f: any new direction given to the entity by a Minister in writing under any enactment during that financial year, as well as other such directions that remain current; and .
38: New section 199A inserted (Application, savings, and transitional provisions relating to amendments to Act)
After section 199
199A: Application, savings, and transitional provisions relating to amendments to Act
The application, savings, and transitional provisions set out in Schedule 1AAA
39: New Schedule 1AAA inserted
Before Schedule 1 Schedule 1AAA Schedule 1
40: Schedule 3 amended
In Schedule 3 section 107 Whole of government directions Directions to support a whole of government approach
41: Schedule 5 amended
1: In the Schedule 5 Board Appointment of chairperson, etc, and board
2: In Schedule 5, clause (2)(d) unless the member continues to hold office as a member in accordance with section 32(3) or
3: In Schedule 5, replace clause 7(4)(c)
c: must be given or sent to each member's current postal or electronic address.
4: In Schedule 5, clause 13(1) by all members who are entitled to vote on the matter
42: Consequential amendments arising from amendments to Crown Entities Act 2004 made by this Part
The enactments listed in Schedule 2 2013-07-18 Accident Compensation Act 2001 Crown Research Institutes Act 1992 Education Act 1989 Gambling Act 2003 Housing Corporation Act 1974 New Zealand Public Health and Disability Act 2000 New Zealand Superannuation and Retirement Income Act 2001 Public Trust Act 2001 Radio New Zealand Act 1995
2: Amendments coming into force on 1 July 2014
43: Section 27 amended (Responsible Minister's role)
Replace section 27(1)(f)
f: to participate in the process of setting the entity's strategic direction and performance expectations and monitoring the entity's performance under Part 4: .
44: Section 49 amended (Entity must act consistently with objectives, functions, statement of intent, and output agreement)
1: In the heading to section 49 output agreement statement of performance expectations
2: In section 49 output agreement (if any) current statement of performance expectations
45: Section 88 amended (Shareholding Ministers' role)
Replace section 88(1)(d)
d: to participate in the process of setting the company's strategic direction and performance expectations and monitoring the company's performance under Part 4; and .
46: Section 92 amended (Duty to act consistently with objectives, functions, statement of intent, and output agreement)
1: In the heading to section 92 output agreement statement of performance expectations
2: In section 92 output agreement (if any) statement of performance expectations
47: Section 136 amended (Interpretation for this Part)
1: In section 136(1) Crown entity group
b: its Crown entity subsidiaries, other than multi-parent subsidiaries; and .
2: In section 136(1) next Budget day pre-Budget period
a: the period of 3 months ending when the Minister of Finance next delivers a Budget under the Public Finance Act 1989; or
b: if the Minister of Finance gives less than 3 months' notice of the next Budget day, the period commencing on the day on which the Minister of Finance gives that notice and ending when the Minister of Finance delivers the Budget reportable class of outputs
a: that the Crown entity proposes to supply in the financial year; and
b: that is directly funded (in whole or in part) by the Crown in accordance with an appropriation for the purpose, or by grants distributed under any Act, or by levies, fees, or charges prescribed by or under any Act; and
c: that is not exempted for that financial year under section 149F .
48: Section 138 amended (Purpose of statement of intent)
In section 138(a) medium-term intentions and undertakings strategic intentions and medium-term undertakings
49: Section 139 replaced (Obligation to prepare statement of intent)
Replace section 139
139: Obligation to prepare statement of intent
1: A Crown entity must provide to its responsible Minister a statement of intent for the Crown entity that complies with this section and section 141
2: A statement of intent must relate to the forthcoming financial year and at least the following 3 financial years.
3: The Crown entity must provide a statement of intent at least once in every 3-year period.
4: This section applies unless the Crown entity is exempted from the requirements of this section by or under this or another Act.
139A: Minister may require Crown entity to prepare new statement of intent at any time
1: A Crown entity's responsible Minister may, if the Minister considers it necessary or desirable, require the Crown entity to provide a new statement of intent at any time.
2: A statement of intent provided under this section must comply with sections 139 and 141
3: Despite section 139(2)
139B: Minister may grant extension of time for, or waive, requirement to provide statement of intent
1: If a Crown entity is likely to have a significant change in the nature or scope of its functions, the responsible Minister may grant the Crown entity an extension, of up to 1 year, of the period specified in section 139(3)
2: However, the responsible Minister must not grant an extension unless he or she is satisfied that the extension will enable the entity to improve the quality of the statement of intent that it provides.
3: If a Crown entity is likely to be disestablished or, in the case of a Crown entity company, removed from the register under the Companies Act 1993, the responsible Minister may grant the entity a waiver of the requirements in section 139
4: If the responsible Minister grants an extension or a waiver under this section,—
a: the responsible Minister must, as soon as practicable after granting the extension or waiver, notify the Crown entity of the extension or waiver and the Minister's reasons for granting it; and
b: the Crown entity must, as soon as practicable after receiving notice under paragraph (a)
c: the Crown entity must include, in the next annual report that it provides to its responsible Minister for presentation to the House of Representatives under section 150, a statement of the exemption or waiver and the Minister's reasons for granting it.
50: Section 140 amended (Statement of intent for newly established Crown entities)
1: Repeal section 140(2)
2: In section 140(3) section 141(1)(b) to (d), (g), and (h) section 141(1) and (2)(a), (b), (d), and (e)
3: Repeal section 140(6)
51: Section 141 replaced (Content of statement of intent)
Replace section 141
141: Content of statement of intent
1: A statement of intent must, for the period to which it relates, set out the strategic objectives that the entity intends to achieve or contribute to ( strategic intentions
2: A statement of intent must also, for the period to which it relates,—
a: explain the nature and scope of the entity's functions and intended operations:
b: explain how the entity intends to manage its functions and operations to meet its strategic intentions:
c: explain how the entity proposes to manage its organisational health and capability:
d: explain how the entity proposes to assess its performance:
e: identify any process to be followed for the purpose of section 100:
f: set out and explain any other matters—
i: that are reasonably necessary to achieve an understanding of the entity's strategic intentions and capability:
ii: that the entity is required to include in its statement of intent under this Act or another Act.
3: A statement of intent—
a: must be in writing, be dated, and be signed on behalf of the board by 2 members or, in the case of a corporation sole, by the sole member; and
b: is a final statement of intent when it has been signed in accordance with paragraph (a)
52: Sections 142 and 143 repealed
Repeal sections 142 143
53: Section 144 amended (Application and term of statement of intent)
In section 144(b) or group
54: Section 145 amended (Ministerial involvement in statements of intent)
In section 145(a) sections 141 and 142 section 141
55: Section 146 amended (Process for providing statement of intent to responsible Minister)
Replace section 146(2)
2: The process that must be followed in providing a statement of intent is as follows:
a: the Crown entity must provide a draft statement of intent to its responsible Minister—
i: not later than 2 months before the start of the first financial year to which the statement of intent relates; or
ii: in the case of a newly established Crown entity, within the time frame specified by the responsible Minister; or
iii: if the responsible Minister has requested the statement of intent under section 139A
b: the responsible Minister must provide to the entity any comments that he or she may have on the draft not later than 15 working days after receiving it; and
c: the entity must consider the comments (if any) on the draft and provide the final statement of intent to its responsible Minister—
i: as soon as practicable after receiving the comments (if any) but before the start of the first financial year to which the statement of intent relates; or
ii: in the case of a newly established Crown entity,—
A: as soon as practicable, but not later than 25 working days, after receiving the comments; or
B: if the responsible Minister does not provide comments within the period specified in paragraph (b)
iii: if the responsible Minister has requested the statement of intent under section 139A
A: as soon as practicable, but not later than 25 working days, after receiving the comments; or
B: if the responsible Minister does not provide comments within the period specified in paragraph (b)
56: Section 147 amended (Amendments to statement of intent by responsible Minister)
1: In the heading to section 147 Amendments to final
2: Replace section 147(1) and (2)
1: A responsible Minister of a Crown entity may direct a Crown entity to amend any provision that is included in the entity's final statement of intent under section 141(1) or (2)(a), (b), (d), or (e)
2: Sections 113 to 115 (other than section 115(2)) apply to a direction under subsection (1)
3: Replace section 147(4)
4: An amendment under this section—
a: must be in writing, be dated, and be signed on behalf of the board by 2 members or, in the case of a corporation sole, by the sole member; and
b: is a final amendment when it has been signed in accordance with paragraph (a)
57: Section 148 amended (Amendments to statement of intent by Crown entity)
1: In the heading to section 148 Amendments to final
2: In section 148(1) statement of intent final statement of intent
3: In section 148(4) A Crown entity must amend its statement of intent in accordance with the following process The following process applies to an amendment under subsection (1) or (2)
4: In section 148(4)(b) 14 days 15 working days
5: In section 148(4)(c) ; and
6: Repeal section 148(4)(d)
7: After section 148(4)
5: An amendment under this section—
a: must be in writing, be dated, and be signed on behalf of the board by 2 members or, in the case of a corporation sole, by the sole member; and
b: is a final amendment when it has been signed in accordance with paragraph (a)
6: A final amendment under this section is in force from the date on which it is provided to the responsible Minister.
7: A Crown entity may, instead of amending its final statement of intent, provide to its responsible Minister under section 146 a new statement of intent that complies with sections 139 and 141
58: Section 149 replaced (Obligation to present and publish statement of intent)
Replace section 149
149: Obligation to publish and present statement of intent
1: A Crown entity must, as soon as practicable after providing a final statement of intent to its responsible Minister, publish the statement of intent on an Internet site maintained by or on behalf of the entity.
2: Despite subsection (1)
3: The responsible Minister (or another Minister, if subsection (5)
a: in the same document as the entity's annual report for the financial year before the first full financial year to which the statement of intent relates ( see
b: in any other document presented on or before the date on which the annual report described in paragraph (a)
4: An entity's statement of intent may be presented or published in a document that includes any other statement or information, whether or not that other statement or information relates to the entity, but only if each statement or set of information is separately identifiable within that document.
5: A Minister other than the responsible Minister may present an entity's statement of intent to the House of Representatives if—
a: the statement is presented in a document that includes another statement or other information; and
b: that other Minister is responsible for presenting that other statement or information.
149A: Obligation to publish and present amendments to statement of intent
1: As soon as practicable after an amendment to a statement of intent is finalised under section 147 or 148,—
a: the Crown entity must publish the amendment on an Internet site maintained by or on behalf of the entity; and
b: the responsible Minister must present a copy of the amendment to the House of Representatives.
2: Despite subsection (1)
a: if the amendment will come into force on or after the next Budget day, the responsible Minister—
i: may require the entity not to publish the amendment in the pre-Budget period; and
ii: need not present the amendment to the House of Representatives in that period; and
b: the entity must not publish an amendment to a statement of intent before publishing the statement of intent under section 149
c: the responsible Minister must not present a copy of an amendment to a statement of intent to the House of Representatives before presenting a copy of the statement of intent to the House of Representatives under section 149
d: if Parliament is not in session, subsection (1)(b) Planning: statement of performance expectations
149B: Purpose of statement of performance expectations
The purpose of a statement of performance expectations for a Crown entity is to—
a: enable the responsible Minister to participate in the process of setting annual performance expectations; and
b: enable the House of Representatives to be informed of those expectations; and
c: provide a base against which actual performance can be assessed.
149C: Obligation to prepare statement of performance expectations
1: Before the start of each financial year, a Crown entity must prepare a statement of performance expectations for that financial year that complies with section 149E
2: However, if the Crown entity does not propose to supply any reportable classes of outputs in that financial year, the entity's statement of performance expectations—
a: must comply with section 149E(1)(b) to (d) and (3)
b: need not comply with section 149E(1)(a) or (2)
149D: Statement of performance expectations for newly established Crown entities
1: As soon as practicable after a Crown entity is established, the Crown entity must comply with section 149C
2: However, if the Crown entity is established during the last 4 months of its financial year, the responsible Minister may—
a: waive the requirement for the entity to comply with subsection (1)
b: require the entity's first statement of performance expectations to cover the period from the date on which the entity is established until the end of the entity's first full financial year.
3: The responsible Minister may, at any time before the entity's first statement of performance expectations becomes final ( see section 149E(3)(c) section 149E section 149E(1)(d)
4: The directions apply as if they were the Crown entity's statement of performance expectations until the entity's first statement of performance expectations becomes final.
5: Sections 113 to 115 apply to the directions.
149E: Content of statement of performance expectations
1: Each statement of performance expectations must, in relation to a Crown entity and a financial year,—
a: identify each reportable class of outputs for the financial year; and
b: identify each exemption granted under section 149F(1)(a)
c: state whether the entity proposes to supply any class of outputs in the financial year that is not a reportable class of outputs; and
d: contain forecast financial statements that comply with section 149G
2: For each reportable class of outputs, the statement of performance expectations must—
a: include a concise explanation of what the class of outputs is intended to achieve; and
b: identify the expected revenue and proposed expenses for the class of outputs; and
c: include a concise explanation of how the performance of the class of outputs will be assessed.
3: A statement of performance expectations—
a: must comply with generally accepted accounting practice; and
b: must be in writing, be dated, and be signed on behalf of the board by 2 members or, in the case of a corporation sole, by the sole member; and
c: is a final statement of performance expectations when it has been signed in accordance with paragraph (b)
149F: Exemption for certain outputs
1: The Minister of Finance may exempt, for 1 or more financial years or until further notice, 1 or more classes of outputs from—
a: any statement of performance expectations required under section 149C or 149D
b: any statement of performance required under section 151(1)(b).
2: The Minister of Finance must not exempt a class of outputs from a statement of performance expectations or a statement of performance unless he or she is satisfied that—
a: the class of outputs is not material to the statement; or
b: the class of outputs will be adequately reported on to the House of Representatives by a Minister, a department, or another public entity; or
c: for any other reason, the exemption does not unreasonably compromise accountability for the performance of the Crown entity.
149G: Forecast financial statements
1: Each statement of performance expectations, in relation to a Crown entity and a financial year, must contain forecast financial statements for the financial year, prepared in accordance with generally accepted accounting practice.
2: The forecast financial statements must include—
a: a statement of all significant assumptions underlying the forecast financial statements; and
b: any additional information and explanations needed to fairly reflect the forecast financial operations and financial position of the entity.
149H: Ministerial involvement in statements of performance expectations
Ministers may participate in determining the contents of statements of performance expectations as follows:
a: a responsible Minister may agree with a Crown entity that information additional to that required by section 149E
b: a responsible Minister may, by written notice to 1 or more Crown entities, specify the particular form in which any information in the statement of performance expectations must be disclosed:
c: a responsible Minister may make comments on a draft statement of performance expectations under section 149I section 149K
d: a responsible Minister may direct amendments to information in a final statement of performance expectations under section 149J
149I: Process for providing statement of performance expectations to responsible Minister
1: A Crown entity that is required to prepare a statement of performance expectations must provide it to its responsible Minister.
2: The process that must be followed in providing a statement of performance expectations is as follows:
a: the Crown entity must provide a draft statement of performance expectations to its responsible Minister—
i: not later than 2 months before the start of the financial year to which the statement of performance expectations relates; or
ii: in the case of a newly established Crown entity to which section 149D
b: the responsible Minister must provide to the entity any comments that he or she may have on the draft not later than 15 working days after receiving it; and
c: the entity must consider the comments (if any) on the draft and provide the final statement of performance expectations to the responsible Minister—
i: as soon as practicable after receiving the comments (if any), but before the start of the financial year to which the statement of performance expectations relates; or
ii: if the Crown entity is a newly established entity to which section 149D
A: as soon as practicable, but not later than 25 working days, after receiving the comments; or
B: if the responsible Minister does not provide comments within the period specified in paragraph (b)
149J: Amendments to final statement of performance expectations by responsible Minister
1: A responsible Minister for a Crown entity may direct a Crown entity to amend any provision that is included in the entity's final statement of performance expectations.
2: However, subsection (1)
3: Sections 113 to 115 (other than section 115(2)) apply to a direction under subsection (1)
4: An amendment under this section—
a: must be in writing, be dated, and be signed on behalf of the board by 2 members or, in the case of a corporation sole, by the sole member; and
b: is a final amendment when it has been signed in accordance with paragraph (a)
5: Section 149K
149K: Amendments to final statement of performance expectations by Crown entity
1: A Crown entity may amend its final statement of performance expectations at any time.
2: A Crown entity must amend its final statement of performance expectations if—
a: the information contained in the final statement of performance expectations is false or misleading in a material particular; or
b: the intentions and undertakings in the final statement of performance expectations are significantly altered or affected by—
i: a direction given to the Crown entity by a Minister; or
ii: a direction under section 107; or
iii: any change in the law; or
iv: any other change in the entity's operating environment.
3: The Crown entity must make an amendment required under subsection (2)
4: A Crown entity must amend its statement of performance expectations in accordance with the following process:
a: the Crown entity must provide a draft amendment to its responsible Minister; and
b: the responsible Minister must provide to the entity any comments that he or she may have not later than 15 working days after receiving the draft; and
c: the entity must consider the comments (if any) and provide the final amendment to its responsible Minister as soon as practicable.
5: An amendment under this section—
a: must be in writing, be dated, and be signed on behalf of the board by 2 members or, in the case of a corporation sole, by the sole member; and
b: is a final amendment when it has been signed in accordance with paragraph (a)
149L: Obligation to publish and present statement of performance expectations
1: A Crown entity must, as soon as practicable after providing a final statement of performance expectations to its responsible Minister, publish the statement on an Internet site maintained by or on behalf of the entity.
2: However, if the final statement of performance expectations relates to a period commencing on or after the next Budget day, the responsible Minister may require the Crown entity not to publish the statement in the pre-Budget period.
3: The responsible Minister (or another entity's responsible Minister, if subsection (5)
a: in the same document as the entity's annual report for the previous financial year ( see
b: in any other document presented on or before the date on which the annual report described in paragraph (a)
4: An entity's statement of performance expectations may be presented or published in a document that includes any other statement or information, whether or not that other statement or information relates to the entity, but only if each statement or set of information is separately identifiable within that document.
5: A Minister other than the responsible Minister may present an entity's statement of performance expectations to the House of Representatives if—
a: the statement is presented in a document that includes another statement or other information; and
b: that other Minister is responsible for presenting that other statement or information.
149M: Obligation to publish and present amendments to statement of performance expectations
1: As soon as practicable after an amendment to a final statement of performance expectations is finalised under section 149J or 149K
a: the Crown entity must publish the amendment on an Internet site maintained by or on behalf of the entity; and
b: the responsible Minister must present a copy of the amendment to the House of Representatives.
2: Despite subsection (1)
a: if the amendment will come into force on or after the next Budget day, the responsible Minister—
i: may require the entity not to publish the amendment in the pre-Budget period; and
ii: need not present the amendment to the House of Representatives in that period; and
b: the entity must not publish an amendment to a statement of performance expectations before publishing the statement of performance expectations under section 149L
c: the responsible Minister must not present a copy of an amendment to a statement of performance expectations to the House of Representatives before presenting a copy of the statement of performance expectations to the House of Representatives under section 149L
d: if Parliament is not in session, subsection (1)(b)
59: Section 150 amended (Obligation to prepare, present, and publish annual report)
1: In section 150(1)(a) at as soon as practicable after
2: Repeal section 150(2)
60: New section 150A inserted (Special annual reporting requirements)
After section 150
150A: Special annual reporting requirements
Section 150 is subject to subpart 1 of Part 5 of the Public Finance Act 1989, which sets out special reporting requirements for newly established entities and entities that are disestablished.
61: Section 151 amended (Form and content of annual report)
1: In section 151(1)(b) service
2: Replace section 151(1)(c)
c: the annual financial statements for the entity in accordance with section 154; and .
3: After section 151(1)
1A: However, subsection (1)(b) does not apply unless the Crown entity supplied 1 or more reportable classes of outputs in that financial year.
1B: An annual report may contain end-of-year performance information that the Crown entity is required to prepare under section 19A
4: In section 151(2) against the intentions, measures, and standards set out in the statement of intent prepared at the beginning of the financial year of the entity's progress in relation to its strategic intentions as set out in the most recent statement of intent
62: Section 152 amended (Disclosure of payments in respect of members, committee members, and employees)
1: In section 152(1) or, in the case of a Crown entity group, for each Crown entity in the group
2: In section 152(1)(a) (or entities in the group, as the case may be)
3: In section 152(1)(b) (or entities in the group, as the case may be)
4: After section 152(1)
1A: Despite section 156A
63: Section 153 replaced (Form and content of statement of service performance)
Replace section 153
153: Form and content of statement of performance
A statement of performance must, in relation to a Crown entity and a financial year,—
a: be prepared in accordance with generally accepted accounting practice; and
b: describe each reportable class of outputs for the financial year; and
c: include, for each reportable class of outputs identified in the entity's statement of performance expectations for the financial year,—
i: the standards of delivery performance achieved by the entity, as compared with the forecast standards included in the entity's statement of performance expectations for the financial year; and
ii: the actual revenue earned and output expenses incurred, as compared with the expected revenues and proposed output expenses included in the entity's statement of performance expectations for the financial year.
64: Section 154 amended (Annual financial statements)
Replace section 154(1) and (2)
1: As soon as practicable after the end of each financial year, a Crown entity must prepare financial statements in relation to the entity for that financial year.
65: Section 155 amended (Statement of responsibility)
1: In section 155(a) and (c) service
2: After section 155(c)
ca: contain a statement of the signatories' responsibility for any end-of-year performance information provided by the Crown entity under section 19A .
66: Section 156 replaced (Audit report)
Replace section 156
156: Audit report
1: A Crown entity must forward to the Auditor-General,—
a: within 3 months after the end of each financial year,—
i: the Crown entity's annual financial statements and statement of performance (if applicable); and
ii: any end-of-year performance information that the Crown entity is required to provide under section 19A
iii: any other information that the Auditor-General has agreed, or is required, to audit; and
b: the Crown entity's annual report in a timely manner to enable the Auditor-General to review that report before providing the audit report required under subsection (2)(b)
2: The Auditor-General must—
a: audit the statements and information referred to in subsection (1)(a)
b: provide an audit report to the Crown entity within 4 months after the end of each financial year.
67: New sections 156A and 156B and cross-heading inserted
After section 156 section 66 Application of this subpart to Crown entity groups
156A: Application of this subpart to Crown entity groups
1: A Crown entity ( entity A section 156B
2: Entity A must prepare a statement or report under this subpart if, at the relevant time,—
a: entity A has 1 or more subsidiaries; and
b: entity A is not a subsidiary of another Crown entity.
3: If entity A is required by this section to prepare a statement or report, this subpart—
a: must be read as if it required the statement or report to include consolidated information in respect of the Crown entity group comprising entity A and its subsidiaries, rather than information in respect of entity A only; and
b: otherwise applies with any necessary modifications.
4: In this section,— relevant time
a: the end of the period to which the statement or report relates; or
b: if the statement or report relates to a period that includes a future period, the time when the statement or report is provided to entity A's responsible Minister statement or report
a: statement of intent ( see section 139
b: statement of performance expectations ( see section 149C
c: forecast financial statements ( see section 149G
d: annual report ( see
e: statement of performance ( see section 153
f: annual financial statements ( see subsidiary paragraph (b)
156B: Minister of Finance may require additional reporting
1: Despite section 156A specified entity
2: A notice must specify—
a: which statements and reports are required; and
b: the financial years or other period (which may be until further notice) for which each statement or report is required.
3: Before issuing a notice, the Minister of Finance must—
a: consider the operations and functions of the specified entity; and
b: consult the responsible Minister for the parent Crown entity of the Crown entity group to which the specified entity belongs; and
c: be satisfied that each statement or report is necessary or desirable to enhance public accountability of the specified entity.
4: If a specified entity is required under this section to prepare a statement or report, this subpart applies with any necessary modifications.
68: Section 157 replaced and cross-heading inserted
Replace section 157 Multi-parent subsidiaries: exemptions from reporting requirements under this subpart
157: Multi-parent subsidiaries part-owned by school board of trustees or tertiary education institution
1: This section applies to a multi-parent subsidiary if any of its parent Crown entities is a school board of trustees or tertiary education institution.
2: The Minister of Finance may, by notice in writing, exempt the multi-parent subsidiary from the requirement to prepare a statement or report (as defined in section 156A(4)
a: it would be unduly onerous for the multi-parent subsidiary to comply with the requirement; and
b: the exemption is consistent with maintaining reasonable public accountability of the multi-parent subsidiary.
3: A notice must specify—
a: which statements or reports are not required; and
b: the financial years or other period (which may be until further notice) for which each statement or report is not required.
4: The exemption may be granted subject to any terms or conditions the Minister thinks fit (which may include a condition that a parent Crown entity must, in its equivalent statement or report, include certain information about the multi-parent subsidiary).
5: As soon as practicable after granting an exemption, the Minister must—
a: notify the exemption, and its terms and conditions, in the Gazette
b: present to the House of Representatives a statement of the exemption and its terms and conditions.
157A: Other multi-parent subsidiaries
1: This section applies to a multi-parent subsidiary other than a multi-parent subsidiary to which section 157
2: The multi-parent subsidiary need not comply with this subpart except as required under this section.
3: The Minister of Finance may, by notice in writing, require the multi-parent subsidiary to prepare 1 or more statements or reports (as defined in section 156A(4)
4: A notice must specify—
a: which statements or reports are required; and
b: the financial years or other period (which may be until further notice) for which each statement or report is required.
5: Before issuing a notice, the Minister of Finance must—
a: consider the operations and functions of the multi-parent subsidiary; and
b: consult the responsible Minister for each parent Crown entity of the multi-parent subsidiary; and
c: be satisfied that each statement or report is necessary or desirable to enhance public accountability of the multi-parent subsidiary.
69: Section 163 amended (Restrictions on giving of guarantees and indemnities)
In section 163(1) give a guarantee to, or indemnify, another person , or amend the terms of any such guarantee or indemnity,
70: Section 170 replaced (Power to require output agreement)
Replace section 170
170: Responsible Minister may set standards, terms, and conditions in respect of certain classes of outputs
A responsible Minister may set standards, terms, and conditions in respect of any reportable class of outputs that a Crown entity proposes to supply.
71: Schedule 1 amended
In Schedule 1
72: Consequential amendments arising from amendments to Crown Entities Act 2004 made by this Part
The enactments listed in Schedule 3 2014-07-01 Accident Compensation Act 2001 Civil Aviation Act 1990 Crown Research Institutes Act 1992 Education Act 1989 Government Superannuation Fund Act 1956 Housing Corporation Act 1974 Maritime Transport Act 1994 New Zealand Antarctic Institute Act 1996 New Zealand Public Health and Disability Act 2000 New Zealand Superannuation and Retirement Income Act 2001 New Zealand Tourism Board Act 1991 Public Trust Act 2001 Transport Accident Investigation Commission Act 1990 |
DLM5624100 | 2013 | Real Estate Agents Amendment Act 2013 | 1: Title
This Act is the Real Estate Agents Amendment Act 2013.
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 Real Estate Agents Act 2008 principal Act 2013-12-05 Real Estate Agents Act 2008
4: Section 40 amended (Objections to issue of licence)
After section 40(3)
3A: The notice of objection may include a request for a hearing under section 42(4)
5: Section 41 amended (Written submission in response by applicant)
After section 41(2)
3: A written response to the Registrar may include a request for a hearing under section 42(4)
6: Section 42 replaced (Registrar to hold hearing if notice of objection made)
Replace section 42
42: Procedure in Registrar determining licence application and objection
1: This section applies if notice of an objection to an application is made under section 40.
2: Unless subsection (4) subsection (5)
3: If the Registrar considers the application and notice of objection to that application on the papers, he or she must consider any written submission in response that is provided by the applicant under section 41.
4: If the Registrar has received a request for a hearing under section 40(3A) or 41(3) subsection (5)
5: If the Registrar elects to hold a hearing under subsection (2) subsection (4)
a: as soon as practicable, appoint a time and place for hearing the application and objection; and
b: give at least 14 days' notice of the hearing to the applicant and to any person objecting to the issue of the licence; and
c: hear the applicant and any person objecting to the issue of the licence; and
d: consider the evidence put before him or her, including any written submission in response that is provided by the applicant under section 41.
7: Section 43 amended (Registrar to license applicant or decline application)
In section 43(1) hearing considering or hearing
8: Section 75 amended (Authority to appoint Complaints Assessment Committees)
1: In section 75(2) members appointed from the panel maintained under section 76
2: Repeal section 75(3) and (4)
3: In section 75(5) (whether a member of the Authority or appointed from the panel)
9: Section 133 amended (Approved guide to be provided when contractual document provided)
In section 133(2)(b) client person |
DLM5621700 | 2013 | District Courts Amendment Act 2013 | 1: Title
This Act is the District Courts Amendment Act 2013.
2: Commencement
1: If section 22(1) section 5
2: If section 22(1) section 5
3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. Section 2(1) brought into force 14 April 2014 District Courts Amendment Act 2011 Commencement Order 2013
3: Principal Act
This Act amends the District Courts Act 1947 principal Act 2013-12-05 District Courts Act 1947 except for section 5 which is reliant on section 22(1) of the District Courts Amendment Act 2013 being in force. This is not in force at the moment. I have put an amends note in that Act as an OIC and comment line as well.
4: Section 80 amended (Enforcement of judgments more than 6 years old)
After section 80(1)
1A: A judgment that is an arbitral award entered as a judgment is more than 6 years old for the purposes of this section if 6 years have elapsed since the date on which the award became enforceable by action in New Zealand.
5: Section 84N amended (Review of Registrar's decision)
In section 84N(1) section 22(1) section 84C or section 84E section 84EA or section 84EC 2014-04-14 District Courts Act 1947 section 22(1) of the District Courts Amendment Act 2011 brought into force on 14 April 2014, by District Courts Amendment Act 2011 Commencement Order 2013 (SR 2013/410) |
DLM5624200 | 2013 | Road User Charges Amendment Act 2013 | 1: Title
This Act is the Road User Charges Amendment Act 2013.
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 Road User Charges Act 2012 principal Act 2013-12-05 Road User Charges Act 2012
4: Section 5 amended (Interpretation)
In section 5(1) permit 2002 for a RUC vehicle that exceeds the mass limits prescribed in section 4 of that rule
5: Section 12 amended (RUC vehicles issued with permit must have distance licence for RUC vehicle type H or additional licence)
Replace section 12(4)(a)(i)
i: the maximum allowable mass under section 4.5(1) of Part 1 of the VDAM Rule 2002 for the RUC vehicle and any trailers towed by the RUC vehicle; and . |
DLM5200602 | 2013 | Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 | 1: Title
This Act is the Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013.
2: Commencement
1: The following come into force on the earlier of a date appointed by the Governor-General by Order in Council and 14 April 2016:
a: section 12
b: Part 2
i: section 20
ii: section 21
iii: section 26
2: Despite subsection (1), if new Part 7 (as inserted by section 21 section 12
3: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
4: One or more Orders in Council may be made under subsection (1) appointing different dates for different provisions and purposes. OIC SR 2013/480 2014-04-14 Housing Restructuring and Tenancy Matters Act 1992 The above order brings into force Part 2 of the Act (all of the provisions of this Act), except for section 12 as far as it relates to new section 56(2) of the principal Act and section 21, as far as it relates to new section 115(2) of the principal Act. Section 56(2) is repealed on that date by section 2(2) 2016-04-14 Housing Restructuring and Tenancy Matters Act 1992 The following sections could come into force on an earlier date by OIC otherwise 14 April 2016: section 12, as far as it relates to new section 56(2), of the principal Act and section 21, as far as it relates to new section 115(2) of the principal Act. 2013-11-28 Housing Restructuring and Tenancy Matters Act 1992 Apart from the above sections mentioned, the rest of this Act come into force the day after the date on which this Act received the Royal assent Section 2(1)(b) brought into force 14 April 2014 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Commencement Order 2013
3: Principal Act
This Act amends the Housing Restructuring and Tenancy Matters Act 1992 principal Act
1: Amendments to principal Act mainly with effect from day after Royal assent
4: Section 2 amended (Interpretation)
1: In section 2(1) HNZ HNZ housing .
2: In section 2(1) rules
3: After section 2(3)
4: References in this Act to person
5: Part 5 heading replaced
Replace the Part 5 Income-related rents, housing eligibility, and other matters
6: Section 42 amended (Interpretation)
1: In section 42(1) appointed day appointed day .
2: In section 42 code of conduct section 59A section 65A financial product
a: includes a loan or grant; but
b: does not include income-related rent .
3: In section 42(1) HNZ housing
4: In section 42(1) partner partner spouse or partner A .
5: In section 42(1) prospective tenant prospective tenant
a: who—
i: is not a person to whom any HNZ housing is let or to be let; and
ii: has applied to HNZ (alone or together with some other person or people) to become a tenant of HNZ housing and—
A: has not yet had the application accepted or declined, or withdrawn it; or
B: has had the application accepted but has not yet been allocated particular HNZ housing; or
b: who—
i: is already a person to whom HNZ housing is let or to be let; but
ii: has applied to HNZ (alone or together with some other person or people) to become a tenant of some other HNZ housing and has not yet had the application accepted or declined, or withdrawn it .
7: Section 43 amended (Income-related rent)
In section 43(5) section 58(4) section 58A(2)
8: Section 45 amended (Changes in rent)
In section 45(1)(b) section 58(4) section 58A(2)
9: Section 52 amended (Estimating weekly income)
In section 52 section 58(4) section 58A(2)
10: Section 53 amended (Regulations for purposes of calculation mechanism)
Replace section 53(5) and (6)
5: Nothing in this section affects the application of the New Zealand Bill of Rights Act 1990.
11: Cross-heading above section 56 replaced
Replace the cross-heading above section 56 Administrative matters and review .
12: Section 56 amended (Tenant’s duty to advise changes of circumstances)
Replace section 56
56: Tenant’s duty to advise change of circumstances
1: Every person to whom any HNZ housing is let at an income-related rent must promptly advise HNZ of—
a: any change in the person's circumstances likely to result in the payment of a higher income-related rent; and
b: any change known to the person in the circumstances of any other applicable person likely to result in the payment of a higher income-related rent by the first-mentioned person.
2:
3: Every person who is a prospective tenant must promptly advise HNZ of any change in the circumstances of the person or the person's spouse or partner likely to result in the person not or no longer being eligible to be allocated HNZ housing or allocated, assigned, or let any particular HNZ housing. Section 56(2) repealed 14 April 2014 section 2(2) Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013
13: New sections 57A to 57E and cross-heading inserted
After section 57
57A: HNZ may review housing eligibility
1: HNZ may at any time of its own motion review any 1 or more of the following in relation to a tenant:
a: the housing needs of the tenant:
b: the eligibility (including continued eligibility) of the tenant for HNZ housing:
c: the eligibility of the tenant to be or continue to be allocated, assigned, or let particular HNZ housing.
2: Nothing in this section limits or affects any power of HNZ to conduct a review under any other enactment. Investigations and information-gathering powers
57B: HNZ may investigate circumstances relevant to income-related rent
HNZ may investigate—
a: the present circumstances of—
i: any tenant of HNZ housing who is paying, or has applied to HNZ for HNZ to calculate, an income-related rent for the housing; or
ii: any person who is an applicable person in relation to the tenant:
b: the circumstances (as they existed immediately before the income-related rent concerned was calculated or during any period when it was applicable) of—
i: any tenant or former tenant of HNZ housing who was required to pay an income-related rent for the housing; or
ii: any person who was an applicable person in relation to the tenant or former tenant at the time concerned.
57C: HNZ may investigate circumstances of prospective tenant
HNZ may investigate the circumstances of a prospective tenant or of any person who would be an applicable person in relation to the prospective tenant, to the extent that those circumstances might be relevant to—
a: the eligibility of the prospective tenant to be allocated HNZ housing or particular HNZ housing; or
b: the housing needs of the prospective tenant.
57D: HNZ may investigate circumstances relevant to continued eligibility
HNZ may investigate the circumstances of any tenant of HNZ housing (whether paying income-related rent or market rent for the housing) or the circumstances of any applicable person in relation to that tenant, to the extent that those circumstances might be relevant to—
a: the continued eligibility of the tenant to be allocated HNZ housing; or
b: the housing needs of the tenant; or
c: the eligibility of the tenant to continue to be allocated, assigned, or let particular HNZ housing or to be allocated, assigned, or let some other HNZ housing.
57E: HNZ may investigate circumstances of applicant for financial product
HNZ may investigate the circumstances of—
a: an applicant for, or a recipient of, a financial product; or
b: any person who, at the time of application, is the spouse or partner of the applicant.
14: Section 58 replaced (Investigation of applications, etc)
Replace section 58
58: HNZ may ask questions, etc
For the purpose of any investigation conducted under section 57B, 57C, 57D, or 57E
a: may ask any person whose circumstances it may investigate any relevant questions it thinks fit; and
b: may ask any person whose circumstances it may investigate to verify by statutory declaration—
i: any information he or she has given when answering questions asked under paragraph (a)
ii: any other information that he or she has at any time given to HNZ; or
iii: any information within his or her personal knowledge that has at any time been given to HNZ by—
A: an applicable person in relation to that person (where the person whose circumstances are being investigated is a tenant); or
B: a person who would be an applicable person in relation to that person (where the person whose circumstances are being investigated is a prospective tenant); or
C: the spouse or partner of the person (where the person whose circumstances are being investigated is an applicant for, or recipient of, a financial product); or
D: any person who was an applicable person in relation to the tenant or former tenant at the time concerned.
58A: Actions that may be taken by HNZ
1: HNZ may take the actions stated in subsection (2)
a: any person whose circumstances it may investigate—
i: fails or refuses to answer (or, in HNZ's opinion, fails or refuses to answer fully) any question asked under section 58(a)
ii: fails or refuses to verify any information by statutory declaration when asked to do so under section 58(b)
b: it believes on reasonable grounds that any person whose circumstances it may investigate under section 57B, 57C, 57D, or 57E section 58(a)
c: for the purpose of a review under section 57A section 59A
i: the tenant fails or refuses to comply fully with the requirement for information; or
ii: HNZ believes on reasonable grounds that the tenant has deliberately given false or misleading information in response to the requirement.
2: The actions are,—
a: to the extent that the tenant is the person or people to whom any HNZ housing is let or to be let,—
i: calculate an income-related rent for the tenant for that housing on the basis of HNZ's own understanding of the circumstances; or
ii: treat the market rent for that housing as the income-related rent for the tenant for that housing:
b: to the extent that the tenant is a prospective tenant only,—
i: suspend the process of determining whether to allocate, assign, or let any HNZ housing to the prospective tenant; or
ii: decline the tenant's application to become a tenant of HNZ housing:
c: to the extent that the tenant is an existing tenant only,—
i: review the eligibility of the tenant to be or continue to be allocated, assigned, or let that particular HNZ housing on the basis of HNZ's own understanding of the circumstances; or
ii: treat the tenant as not or no longer eligible to continue to be allocated HNZ housing:
d: to the extent that the person is an applicant for, or recipient of, a financial product,—
i: assess the eligibility of the person for that financial product on the basis of HNZ's own understanding of the circumstances; or
ii: treat the person as not or no longer eligible for that financial product.
15: Sections 59 to 62 and cross-heading replaced
Replace sections 59 to 62 section 62
59: HNZ may seek information
1: For the purposes of a review under section 57 or 57A or an investigation under section 57B, 57C, 57D, or 57E, HNZ may request any person to—
a: answer questions; or
b: allow HNZ to inspect any document or other written information; or
c: give HNZ—
i: a copy of any document or other written information; or
ii: a printout of any information stored digitally.
2: The person does not have to comply with the request, but (for the purposes of section 7(1) of the Privacy Act 1993) this subsection authorises the person to make personal information available in response to the request.
59A: HNZ may require information for certain purposes
1: HNZ may by written notice require information from any person for any 1 or more of the following purposes:
a: the purpose of ascertaining the housing needs of a prospective tenant:
b: the purpose of ascertaining the eligibility of a prospective tenant to be allocated HNZ housing:
c: the purpose of calculating the appropriate income-related rent for the HNZ housing concerned:
d: the purpose of a review under section 57 or 57A:
e: the purpose of any investigation under section 57B, 57C, 57D, or 57E:
f: the purpose of detecting whether a person has committed or is committing an offence under section 61A or 61B:
g: the purpose of determining and detecting the cost of fraud under section 61A or 61B:
h: the purpose of ascertaining whether a person has failed or refused to answer fully, or has deliberately given a false or misleading answer to, any question asked under section 58(a).
2: HNZ, when it requires any information under subsection (1), must do so in accordance with the code of conduct.
3: HNZ may in writing require any person to advise whether or not any information provided under subsection (1) is accurate.
4: A person from whom information is required under subsection (1) or advice is required under subsection (3) must comply with the requirement—
a: no later than 5 working days after the notice was given; and
b: in the manner specified in the notice, without charge to HNZ.
5: This subsection authorises (for the purposes of section 7(1) of the Privacy Act 1993) any person who is required to provide information under subsection (1) or (3) to make personal information available in response to the requirement.
6: Subsection (1) does not—
a: require any person to provide any information or produce any document that would be privileged in a court of law:
b: require any person to provide any information or produce any document that is legally professionally privileged.
7: Subsection (6) does not apply to information—
a: that consists wholly or partly of, or relates wholly or partly to,—
i: the receipts, payments, income, expenditure, or financial transactions of a specified person (whether a lawyer, his or her client, or any other person); or
ii: investment receipts (being receipts arising or accruing from any money lodged at any time with a lawyer for investment) of any person or persons (whether the lawyer, his or her client, or any other person or persons); and
b: that is contained in, or comprises the whole or part of, any book, account, statement, or other record prepared by or kept in connection with a trust account of the lawyer.
8: If a person refuses to disclose any information or document on the ground that it is privileged under subsection (6)(a) or (b),—
a: HNZ or that person or any other person to whom the information or document relates may apply to a District Court Judge for an order determining whether the claim of privilege is valid; and
b: for the purposes of determining that application, the Judge may require the information or document to be produced to the court.
9: In this section,— lawyer trust account
60: Recovery where rate of rent too low
1: Subsection (2) applies to a tenant of HNZ housing and a period of time if, at any later time, HNZ—
a: has in its possession information (whether or not obtained as a result of a review or an investigation under this Part) that—
i: it did not have during that period, or had but did not have reasonable grounds to believe; and
ii: it now believes on reasonable grounds; and
b: is satisfied that, if it had had the information before the period and had had reasonable grounds to believe the information, it would have required the tenant to pay an income-related rent higher than the income-related rent the tenant was in fact required to pay for the housing in respect of the period.
2: If this subsection applies to a tenant of HNZ housing and a period of time, HNZ may calculate, and recover as a debt due to the Crown, the difference between—
a: the higher income-related rent it would have required the tenant to pay for the housing in respect of the period; and
b: the income-related rent the tenant was in fact required to pay for the housing in respect of the period.
3: Amounts recoverable under subsection (2) are not rent in arrear for the purposes of the Residential Tenancies Act 1986.
61: Allocation of HNZ housing
1: The matters to which HNZ may have regard in doing any of the things stated in subsection (2) may include criteria that have, or are capable of having, the effect that tenants, people who are or might be applicable persons in relation to those tenants, and other people who are or might be residing in the housing concerned, are treated differently on the basis of—
a: their marital status, disability or absence of disability, age, or family status (as the terms marital status, disability, age, and family status are defined in section 21(1)(b), (h), (i), and (l) of the Human Rights Act 1993); or
b: whether or not they are resident, or ordinarily resident, or permanently resident, or lawfully resident, in New Zealand; or
c: their income; or
d: their property; or
e: 2 or more of those factors.
2: The things are any thing that HNZ does in the course of allocating, assigning, and letting HNZ housing to tenants, and in administering and terminating tenancies, and include the following:
a: assessing the eligibility of a prospective tenant to be allocated HNZ housing; and
b: assessing the housing needs of a tenant; and
c: allocating, assigning, and letting, or continuing to let, HNZ housing to a tenant; and
d: reviewing the eligibility of a tenant to be, or continue to be allocated, HNZ housing; and
e: reviewing the eligibility of a tenant to be, or continue to be allocated, assigned, or let particular HNZ housing; and
f: terminating a tenancy; and
g: reallocating or reassigning HNZ housing to a tenant; and
h: retaining the current allocation, assignment, or letting of particular HNZ housing to a tenant.
3: Nothing in this section affects the application of the New Zealand Bill of Rights Act 1990. Offences
61A: Offence not to provide information or to provide false or misleading information
1: A person who is required to provide information under section 59A(1) commits an offence if the person—
a: fails or refuses to provide, without reasonable excuse, the information required:
b: provides false or misleading information in response to the requirement.
2: A person who is required under section 59A(3) to advise whether information provided under section 59A(1) is accurate commits an offence if the person—
a: fails or refuses to provide that advice, without reasonable excuse:
b: provides false or misleading information in response to the requirement.
3: A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.
61B: Offence to mislead HNZ for certain purposes or results
1: A person commits an offence who, for the purpose described in subsection (2) or with the result described in subsection (3),—
a: makes any statement knowing it to be false in any material particular; or
b: deliberately does or says anything for the purpose of misleading or attempting to mislead HNZ; or
c: when required to advise HNZ under section 56 or provide information under section 59A, deliberately omits to do or say anything for the purpose of misleading or attempting to mislead HNZ.
2: The purpose is—
a: for that person or another person to be eligible or continue to be eligible to be allocated HNZ housing:
b: for that person or another person to be or continue to be allocated, assigned, or let particular HNZ housing, or to be allocated, assigned, or let some other HNZ housing:
c: for that person or another person to have calculated for him or her, or to pay or continue to pay as rent for HNZ housing, an income-related rent or lower income-related rent than the person would otherwise be entitled to under this Act:
d: for that person or another person to receive or continue to receive a financial product.
3: The result is that person or another person, whether or not entitled to it under this Act,—
a: is or continues to be assessed as eligible to be allocated HNZ housing:
b: is or continues to be allocated, assigned, or let particular HNZ housing:
c: is allocated, assigned, or let some other HNZ housing:
d: is let HNZ housing at an income-related rent or lower income-related rent:
e: receives or continues to receive a financial product.
4: A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $5,000, or both. Appeals
62: Rights of appeal
1: This section and sections 62A to 62C apply to—
a: any decision or determination of HNZ made under this Part, the calculation mechanism, or Schedule 3 (other than a decision under section 43(4)) in respect of an income-related rent; and
b: any assessment by HNZ of—
i: the eligibility of any tenant to be, or to continue to be, allocated HNZ housing; or
ii: the housing needs of any tenant.
2: Nothing in this section and sections 62A to 62C, or in any regulations under section 63, limits or affects the rights of any tenant of HNZ housing or of HNZ under the Residential Tenancies Act 1986.
62A: Tenant may appeal
A tenant may, in accordance with regulations made under section 63, appeal against a decision, determination, or assessment referred to in section 62(1), if HNZ—
a: has confirmed the decision, determination, or assessment (whether as originally made or as varied) by means of a process established by HNZ to review such decisions, determinations, or assessments; or
b: has no such process for the time being established.
62B: Powers of appeal body
1: In determining the appeal, the appeal body has all the powers, duties, functions, and discretions HNZ had in relation to the matter concerned and may—
a: confirm, modify, or reverse the decision, determination, or assessment; or
b: refer all or any part of the matter back to HNZ for further consideration, together with—
i: any directions it thinks just relating to the reconsideration; and
ii: a written statement of its reasons for doing so.
2: The appeal body—
a: may award costs against HNZ in respect of any appeal if—
i: the appeal is allowed in whole or in part; or
ii: all or any part of the matter is referred back to HNZ for further consideration; and
b: may award costs against the appellant in respect of any appeal that is refused, if the appeal body believes that the appeal was frivolous or vexatious, or should not have been brought.
62C: Where appeal body established by regulations
If regulations under section 63(1)(a) establish a body to dispose of appeals under sections 62 to 62B, any party to any appeal to the body who is dissatisfied with any determination of the body may appeal to a District Court, and in that case,—
a: within 14 days after the date of the determination, the appellant must—
i: lodge a notice of appeal with the court; and
ii: give a copy of the notice to every other party to the appeal:
b: the court or a Judge may, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this section for the lodging of a notice of appeal:
c: except as provided by this section, the case must be dealt with in accordance with the rules of the District Court.
16: Section 63 (Regulations for purposes other than calculation mechanism)
1: In section 63(1)(a) section 62 to section 62C
2: In section 63(1)(a)(i) that section those sections
17: Section 64 replaced (Delegation of powers under this Part)
Replace section 64 Delegation
64: Delegation of powers under this Part
1: HNZ—
a: may not delegate a power under section 57(2)(b), 58(b), 58A(1) or (2), or section 60, except to the Corporation or an employee of HNZ or the Corporation; and
b: may not delegate any other power under this Part, the calculation mechanism, or Schedule 3, except to—
i: the Corporation or an employee of HNZ or the Corporation; or
ii: a person engaged by HNZ or the Corporation under a contract for services providing for the person to exercise that power.
2: If a power has been delegated to the Corporation under subsection (1), the Corporation may, with the consent of HNZ, subdelegate that power to an employee of the Corporation or of HNZ.
3: An employee to whom a power has been delegated by HNZ in accordance with subsection (1) may, with the consent of HNZ, subdelegate that power to another employee of HNZ or the Corporation.
4: If HNZ delegates a power under this Part, the calculation mechanism, or Schedule 3 (not being a power referred to in subsection (1)(a)) to a body corporate engaged by HNZ or the Corporation under a contract for services,—
a: the body corporate cannot subdelegate it except to a person who is an employee of the body corporate; and
b: an employee of the body corporate to whom it is subdelegated cannot subdelegate it further.
5: Subsections (1) and (4) override section 130(1) of the Companies Act 1993.
18: New sections 65A to 65P and cross-headings inserted
After section 65 Code of conduct
65A: Code of conduct applying to obtaining information under section 59A
1: HNZ, in consultation with the Privacy Commissioner, must, within 3 months after the commencement of this section, issue a code of conduct that applies in respect of any requirement for information under section 59A.
2: The code of conduct—
a: must include the matters specified in section 65E; and
b: may include restrictions on obtaining—
i: specified classes of information; and
ii: information from specified classes of persons or from persons in specified relationships; and
c: must specify procedures applying to the obtaining of information under section 59A.
3: HNZ may from time to time, in consultation with the Privacy Commissioner, amend the code of conduct, or revoke the code of conduct and issue a new code of conduct.
4: Nothing in the code of conduct may derogate from any code of practice issued by the Privacy Commissioner under Part 6 of the Privacy Act 1993 that applies to the information required under section 59A, and HNZ, in consultation with the Privacy Commissioner, must amend the code of conduct to conform with any such code of practice. This subsection is affected by section 65C.
5: As soon as practicable after issuing any code of conduct and any amendment to it under this section, HNZ must arrange for it to be published on an Internet site that is publicly available at all reasonable times or published in a form that is otherwise accessible to the public.
65B: Who must comply with code of conduct
The following persons must comply with the code of conduct when requiring information under section 59A:
a: HNZ, and every employee of HNZ:
b: the Corporation and every employee of the Corporation:
c: every person to whom the power to require such information has been delegated under section 64:
d: every person or body corporate engaged by HNZ under a contract for services providing for the person to exercise the power to require such information:
e: every employee of a person or body corporate referred to in paragraph (d).
65C: Regulations authorising information to be obtained
1: The Governor-General may, on the advice of the Minister given after consultation with the Privacy Commissioner, by Order in Council, make regulations authorising HNZ to obtain pursuant to a requirement under section 59A—
a: any specified class of information; or
b: information from any specified class of persons; or
c: information in any specified manner.
2: Subsection (1) applies despite the fact that the making of that requirement under section 59A would otherwise be in breach of any code of practice issued by the Privacy Commissioner under Part 6 of the Privacy Act 1993.
65D: Complaints
1: Any person who is required to provide any information under section 59A, or who is the subject of that information, may make a complaint to the Privacy Commissioner that the requirement breaches the code of conduct.
2: Part 8 of the Privacy Act 1993 applies to the complaint as if the code of conduct were a code of practice issued under Part 6 of that Act. 1964 No 136 s 11B
65E: Matters to be included in code of conduct
1: The code of conduct issued under section 65A must contain the following matters:
a: provisions requiring the information to be first sought, as the case may require, except where compliance with the provision would prejudice the maintenance of the law, from—
i: the tenant or an applicable person in relation to the tenant; or
ii: the applicant for or recipient of a financial product or the spouse or partner of the applicant or recipient; or
iii: the prospective tenant or the person who would be an applicable person in relation to the prospective tenant; or
iv: the former tenant or an applicable person in relation to the former tenant at the time concerned ( see
b: provisions allowing a person referred to in paragraph (a) the time that is specified in the code to provide the information before HNZ requires that information or confirmation of that information from another person or agency, except where compliance with such provision would prejudice the maintenance of the law:
c: a provision prohibiting a requirement under section 59A being made in respect of a person referred to in paragraph (a) to any other person (not being a financial institution, lawyer, employer, or former employer of a person referred to in paragraph (a), and not being a department, departmental agency, or Crown entity), unless there is reasonable cause to make a requirement under that section:
d: a provision prohibiting a requirement under section 59A being made to an employer in respect of any information that relates solely to the marital or relationship status of an employee or a former employee of that employer:
e: provisions otherwise restricting requirements under section 59A being made to an employer to information specified in the code relating to the employment and the address of an employee or a former employee of that employer.
2: In subsection (1)(c), reasonable cause
a: cause to suspect that the person—
i: has committed an offence under this Act; or
ii: has obtained by fraud any income-related rent or HNZ housing; or
iii: as a result of committing fraud, pays or continues to pay an income-related rent or remains a tenant of HNZ housing or particular HNZ housing:
b: the fact that the person has failed, within the time specified in the code, or has refused to provide information in accordance with a requirement made to that person under a provision referred to in subsection (1)(a). 1964 No 136 s 11C Deduction notices
65F: Interpretation of deduction notice sections of this Part
In this section and in sections 65G to 65P, unless the context otherwise requires,— deduction notice overdue amount payment
a: salary or wages:
b: a retiring allowance or pension or other payment of a similar nature:
c: a benefit:
d: weekly compensation under the Accident Compensation Act 2001:
e: a bonus or an incentive payment:
f: commission:
g: consideration for work performed under a contract for services tenant
a: 1 or more people to whom HNZ housing is or was let at an income-related rent; and
b: includes any former tenant third party 1957 No 87 ss 2(1), 79
65G: Deduction of overdue Crown debt
1: HNZ may recover an amount as a debt due to the Crown by issuing a deduction notice in accordance with this section if any overdue amount remains unpaid after HNZ has reminded the tenant of the obligation to pay the amount and has done all it reasonably can to obtain the unpaid amount.
2: Nothing in subsection (1) requires HNZ to take proceedings in any court to establish or recover the debt before issuing a deduction notice.
3: The deduction notice may require a third party to deduct an amount specified in the notice due from any payment that is payable or will become payable by the third party to the tenant, whether that payment will be made—
a: on the third party's own account; or
b: in the third party's capacity as an agent or a trustee; or
c: for any other reason.
4: To avoid any doubt, HNZ may issue a deduction notice under this section in relation to an overdue amount regardless of whether that amount became recoverable as a debt due to the Crown under section 60(2) before the commencement of this section. 1964 No 136 s 86A
65H: Matters relating to deduction notice
1: HNZ must specify in the deduction notice—
a: whether the deduction is to be made as a lump sum or by instalments; and
b: the time or times by which the amounts deducted must be paid to HNZ; and
c: the date on which the deduction notice takes effect, being a date not earlier than 7 working days after the date on which it was issued.
2: HNZ must make all reasonable efforts to give the tenant a copy of the deduction notice within 7 working days after the notice is issued.
3: A deduction notice is revoked when HNZ notifies the third party in writing to that effect or issues a new deduction notice to that third party.
4: HNZ—
a: may revoke a deduction notice at any time:
b: must revoke the deduction notice if satisfied that the overdue amount has been paid.
5: Every deduction notice is subject to sections 65I to 65P.
65I: Issue of deduction notice to State sector employer
In any case where a tenant is employed within a department (within the meaning of the State Sector Act 1988), a deduction notice may be issued under section 65G to the chief executive of that department in respect of any salary or wages payable to the tenant. 1964 No 136 s 86B
65J: Discharge of debt
In any case where a third party deducts, under a deduction notice, any money payable to a tenant, the tenant is, to the extent of the amount deducted, discharged from his or her debt to the Crown. 1964 No 136 s 86C
65K: Deduction notices issued to banks
1: Where the third party is a bank, any money held by the bank to the credit of the tenant is subject to the provisions of section 65G and the amount required to be deducted under the deduction notice is, without prejudice to any other remedies against the tenant or any other person, deemed to be held in trust for the Crown and is a debt due to the Crown and may be recovered by HNZ in any court or tribunal of competent jurisdiction.
2: For the purposes of this section, bank
3: For the purposes of this section, money held by the bank to the credit of the tenant
a: the deposit or depositing is on current account:
b: the money is to be at interest at a fixed term or without limitation of time:
c: the tenant has made any application to withdraw or uplift the money.
4: For the purposes of this section, money on deposit with a bank is deemed to be to the credit of the tenant if the money—
a: is held in a joint bank account in the name of the tenant and 1 or more other persons; and
b: can be withdrawn from the account by or on behalf of the tenant without a signature being required at the time of that withdrawal from, or on behalf of, the other person or persons. 1964 No 136 s 86D
65L: Making of deductions
1: Any person who makes a deduction under a deduction notice is deemed to be acting—
a: on the authority of the tenant and any other person concerned; and neither the tenant nor that other person has any claim against the third party or HNZ or the Crown in respect of that deduction; and
b: on behalf of HNZ; and, without prejudice to any other remedies against the tenant or any other person, any amount deducted must be held in trust for the Crown and is a debt due to the Crown and may be recovered by HNZ in any court or tribunal of competent jurisdiction.
2: A third party must, on request, give the tenant a statement in writing of any amount deducted, and of the purpose for which the deduction was made. 1964 No 136 s 86E
65M: Offences in relation to deduction notices
1: Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who—
a: fails to make any deduction required by a deduction notice; or
b: fails, after making a deduction, to pay the amount deducted to HNZ within the time specified in the notice; or
c: permits payment to or on behalf of any person, other than HNZ, of any amount deemed to be held in trust for the Crown under sections 65G to 65L.
2: Every employer commits an offence and is liable on conviction to a fine not exceeding $1,000 who dismisses an employee or alters an employee's position in the employer's business or undertaking to the employee's prejudice by reason of a deduction notice having been issued to the employer. 1957 No 87 s 106A; 1964 No 136 s 86F
65N: Protected earnings
1: Despite anything in sections 65G to 65L, where a deduction notice is issued to an employer of a tenant, the employer must not, in making deductions under the deduction notice, reduce the amount paid to the tenant by way of salary or wages in respect of any week to an amount that is less than 60% of the amount calculated as being the tenant's net ordinary weekly pay for a week.
2: For the purposes of this section, the tenant's net ordinary weekly pay for a week is the balance left after deducting from the tenant's ordinary weekly pay (as defined in section 8 of the Holidays Act 2003) the amount of tax required to be withheld or deducted in accordance with the PAYE rules of the Income Tax Act 2007 if that ordinary weekly pay were the only salary or wages paid to the tenant by the employer in respect of a week. 1964 No 136 s 86G
65O: Penalty for late deductions
1: A third party is liable to pay to HNZ a penalty calculated in accordance with subsection (2) if the third party fails wholly or in part to—
a: deduct the amount required by the notice; or
b: pay any amount deducted under the notice to HNZ by the time specified in the notice.
2: The penalty referred to in subsection (1) must be calculated as follows:
a: on the amount in default, 10% of that amount or $5, whichever is the greater:
b: for each additional month or part of a month in which the amount in default or any part of the amount has not been deducted or, as the case may be, has not been paid to HNZ, a further penalty of 2% of that amount or part of the amount or $1, whichever is the greater.
3: HNZ may, in its discretion, remit the whole or part of a penalty if satisfied that the failure to make the deduction or the payment was due to circumstances reasonably beyond the third party's control, or that, in all the circumstances, the imposition of that penalty would be inequitable.
4: If HNZ decides to remit the whole or part of any penalty and any amount of the penalty has been paid under this section, HNZ may refund any excess.
5: An amount payable to HNZ under subsection (1) is a debt due to the Crown and may be recovered by HNZ in any court or tribunal of competent jurisdiction. 1964 No 136 s 86I
65P: How notice may be given
1: Every notice given to any person under any of sections 65G to 65O may be given by delivering it to that person,—
a: in the case of a natural person (other than an officer or employee in the service of the Crown in his or her official capacity),—
i: personally; or
ii: by leaving it at that person's usual or last known place of residence or business or at the address specified by that person in any application or other document received from that person; or
iii: by posting it in a letter addressed to that person at that place of residence or business or at that address:
b: in the case of any other person, including an officer or employee in the service of the Crown in his or her official capacity,—
i: where applicable, personally; or
ii: by leaving it at that person's place of business; or
iii: by posting it in a letter addressed to that person at that place of business.
2: If any such notice is sent to any person by post, then, in the absence of evidence to the contrary, the notice is deemed to have been received by that person on the fourth day after the day on which it is posted, and, in proving the delivery, it is sufficient to prove the letter was properly addressed and posted.
3: A notice to a person under any of sections 65G to 65O may be given by electronic means in accordance with Part 2 of the Electronic Transactions Act 2002. 1964 No 136 s 86J .
2: Amendments to principal Act with effect from day appointed by Order in Council
19: Section 2 amended (Interpretation)
1: In section 2(1) additional resident
a: is aged 16 years or over; and
b: is financially independent (within the meaning of section 3(1) of the Social Security Act 1964); and
c: resides or is to reside in the housing; but
d: is not an applicable person agency applicable person
a: means every person to whom the housing is or is to be let; and
b: includes every person who is the spouse or partner of such a person appointed day assessable assets assessable income authority calculate calculation mechanism
a: before the commencement of the regulations first made under section 114, means sections 107 to 113 and the provisions of Schedule 2; and
b: after that commencement, means sections 107 to 113 and the regulations for the time being in force under section 114 code of conduct
a: in relation to information that may be required under section 80, means the code of conduct issued under section 86:
b: in relation to information that may be required under section 125, means the code of conduct issued under section 138 community housing community housing provider
a: social rental housing:
b: affordable rental housing contributions
a: as a contribution towards the costs and expenses incurred by the applicable persons in residing there; or
b: in consideration of goods or services provided by the applicable persons while the resident is residing there; or
c: in consideration of the resident being allowed to reside there; or
d: for 2 or all of those reasons income-related purpose income-related rent
a: in relation to a tenant of HNZ housing, means a rent that the agency has—
i: calculated for the tenant under the calculation mechanism or Schedule 3; and
ii: notified to HNZ; or
b: in relation to a tenant of a registered community housing provider, means a rent that the agency has—
i: calculated for the tenant under the calculation mechanism; and
ii: notified to the provider joint Ministers market rent
a: in relation to HNZ housing, means the rent for the time being determined by HNZ or the Tenancy Tribunal (under the Residential Tenancies Act 1986) as the market rent for that housing; or
b: in relation to housing provided by a registered community housing provider, means the rent for the time being determined by that provider or the Tenancy Tribunal (under the Residential Tenancies Act 1986) as the market rent for that housing notification partner spouse or partner A prospective tenant
a: who—
i: is not a person to whom any social housing is let or to be let; and
ii: has applied to the agency (alone or together with some other person or people) for an assessment of the person's eligibility for social housing and—
A: whose eligibility for social housing has not yet been confirmed or declined or whose application for an assessment has not yet been withdrawn; or
B: whose eligibility for social housing has been confirmed but who has not yet been allocated any particular social housing by a social housing provider; or
b: who—
i: is already a person to whom social housing is let or to be let; but
ii: has applied to the agency (alone or together with some other person or people) to become a tenant of some other social housing and has not yet had the application accepted or declined, or withdrawn it registered community housing provider rent period social housing social housing provider standard tax study grant tenant
a: in relation to social housing in general,—
i: means any person or people to whom any social housing is let or to be let; and
ii: includes a prospective tenant; and
b: in relation to any particular social housing, means the person or people to whom it is let or to be let .
2: Schedule 2 section 114
20: New section 3A inserted (Transitional provisions)
After section 3
3A: Transitional and savings provisions
This Act is subject to Schedule 4, which provides for transitional and savings provisions.
21: New Parts 7 to 10 inserted
After section 69
7: HNZ housing
70: Purpose of this Part and Parts 8 to 10
1: The purpose of this Part and Parts 8 to 10
2: This Part and Parts 8 to 10
a: enable the assessment of need and eligibility for social housing, and eligibility for an income-related rent, and associated functions (such as providing advice, managing applications for social housing, carrying out investigations, and referring and allocating prospective tenants and tenants to social housing providers), to be performed by 1 or more government agencies that are independent of the agency that provides state housing:
b: align Housing New Zealand Corporation's role to the provision of social housing in a multiple-provider environment:
c: facilitate the growth of the community housing sector by enabling the extension, on terms and conditions set by the joint Ministers, of an income-related rent subsidy to registered community housing providers and an income-related rent to their tenants:
d: enable the appointment of a government agency as a regulatory authority for registered community housing providers, with associated objectives, functions, and powers to monitor and enforce compliance with regulatory standards:
e: enable the making of regulations that prescribe eligibility criteria and performance standards to be met by registered community housing providers:
f: create certain offences for failure to comply with information requirements issued to tenants and associated parties by relevant government agencies.
3: In this section, government agency
71: Interpretation of terms used in this Part
In this Part, unless the context otherwise requires,— financial product
a: includes a loan or grant; but
b: does not include income-related rent prospective tenant for HNZ housing
a: who—
i: is eligible to be allocated social housing; and
ii: is not a person to whom any HNZ housing is let; and
iii: has been referred or allocated to HNZ to be allocated, assigned, or let HNZ housing; or
b: who—
i: is already a person to whom HNZ housing is let; but
ii: has applied to HNZ (alone or together with some other person or people) to become a tenant of some other HNZ housing and has not yet had the application accepted or declined, or withdrawn it tenant
a: in relation to HNZ housing in general,—
i: means any person or people to whom any HNZ housing is let or to be let; and
ii: includes a prospective tenant for HNZ housing; and
b: in relation to any particular HNZ housing, means the person or people to whom it is let or to be let.
72: Income-related rent
1: This subsection applies to HNZ housing and a tenant if—
a: an income-related rent has been calculated for the tenant under Part 9
b: the agency has notified under section 106
c: that notification of the income-related rent has not been replaced by a notification from the agency to the effect that the tenant must pay market rent.
2: If subsection (1) applies to any HNZ housing and a tenant, the rent for the housing must be the income-related rent for the time being notified by the agency, subject to subsections (4) and (5).
3: If subsection (1) does not apply to any HNZ housing and a tenant, the rent for the housing must be its market rent for the time being.
4: The income-related rent for any HNZ housing must not exceed its market rent for the time being.
5: If satisfied that special circumstances justify its doing so, HNZ may, in its absolute discretion, set for and accept from a tenant of any HNZ housing a rent lower than the rent otherwise required by subsection (2) or (3) to be paid for the housing by the tenant.
6: Subsections (2) to (5) are subject to section 73
73: Changes in rent
1: This section applies to an existing tenant of HNZ housing if HNZ—
a: is required by section 72 or 74
b: is empowered by section 72
2: HNZ must, in accordance with section 136 of the Residential Tenancies Act 1986, give a tenant to whom subsection (1) applies written notice of the change in rent stating—
a: the date on which it takes effect; and
b: the matters referred to in paragraphs (j) and (k) of section 13A of that Act.
3: In the case of a reduction in rent, the notice has effect as a variation of the tenancy agreement for the housing whether or not the tenant signs it.
4: In the case of an increase in rent, the notice must comply with section 24 of the Residential Tenancies Act 1986 except to the extent that section 74
74: Increase in rent due to change in tenant's circumstances
1: If HNZ receives a notification from the agency under section 106
a: HNZ must, subject to subsection (4), give the tenant written notice, in accordance with section 73(2) effective date
b: the effective date must be a date no earlier than 61 days after the date (as stated in the agency's notification) that the change in circumstances occurred; and
c: HNZ must give the notice to the tenant at least 2 weeks before the effective date.
2: The income-related rent notified under subsection (1)(a) for any HNZ housing must not exceed the market rent for the time being for that housing.
3: The agency may recover from the tenant as a debt due to the Crown, the difference (if any) between—
a: the higher income-related rent calculated by the agency for the tenant for the housing in respect of the period commencing on the date that is 61 days after the change in circumstances occurred and ending on the day before the effective date (capped at the market rent); and
b: the income-related rent applying to that period that the agency had calculated for the tenant for the housing and set out in its previous notification.
4: HNZ must change the rent charged following receipt of a notification from the agency unless, in HNZ’s opinion, it would not result in a material difference to the rent charged for the housing concerned.
5: Section 24(1)(c) to (h) and 24(1A) and (2) of the Residential Tenancies Act 1986 do not apply to the increase in rent.
6: Amounts recoverable under subsection (3) are not rent in arrear for the purpose of the Residential Tenancies Act 1986. Example
Mary is a tenant of HNZ and is paying an income-related rent to HNZ. On 1 March, Mary returned to full-time employment but did not tell the agency of her change in circumstances. Several months later, the agency becomes aware that Mary’s circumstances had changed on 1 March. The agency calculates an increased income-related rent for Mary, and notifies HNZ accordingly. The increased income-related rent does not exceed the market rent for the housing. On 1 October that same year, HNZ notifies Mary that she must pay an increased income-related rent (in accordance with the agency’s notification) from the rent period beginning on 21 October (the effective date). The agency is entitled to recover from Mary, as a debt due to the Crown, the difference between—
a: the higher income-related rent for the housing (as set out in the agency’s notification), in respect of the period commencing on 1 May (61 days after the change in circumstances) and ending on 20 October; and
b: the income-related rent applying to that period that the agency had calculated for the tenant for the housing (as set out in the agency's previous notification).
75: HNZ may review placement
1: HNZ may—
a: allocate a prospective tenant for HNZ housing to particular HNZ housing:
b: review the eligibility of a tenant to be or to continue to be allocated, assigned, or let particular HNZ housing:
c: require a tenant to transfer to different HNZ housing (being housing that is appropriate for the tenant’s housing needs) if HNZ considers that the transfer is necessary or desirable for any reason.
2: Nothing in this section limits or affects—
a: a tenant’s rights under the Residential Tenancies Act 1986:
b: HNZ’s rights as a landlord under the Residential Tenancies Act 1986, including its rights to terminate a tenancy in accordance with that Act:
c: HNZ’s functions and powers under this Act or any other Act.
76: Limits on obligations of HNZ
Nothing in this Act requires HNZ to provide any housing or particular housing to a tenant referred or allocated to HNZ by the agency. Financial products
77: HNZ may investigate circumstances of applicant for financial product
HNZ may investigate the circumstances of—
a: an applicant for, or a recipient of, a financial product; or
b: any person who, at the time of application, is the spouse or partner of the applicant.
78: HNZ may ask questions, take actions, etc
1: For the purpose of any investigation conducted under section 77
a: may ask any person whose circumstances it may investigate any relevant questions it thinks fit; and
b: may ask any person whose circumstances it may investigate to verify by statutory declaration—
i: any information he or she has given when answering questions asked under paragraph (a); or
ii: any other information that he or she has at any time given to HNZ; or
iii: any information within his or her personal knowledge that has at any time been given to HNZ by the spouse or partner of the person.
2: HNZ may take the actions stated in subsection (3) if—
a: any person whose circumstances it may investigate—
i: fails or refuses to answer (or, in HNZ's opinion, fails or refuses to answer fully) any question asked under subsection (1)(a); or
ii: fails or refuses to verify any information by statutory declaration when asked to do so under subsection (1)(b); or
b: it believes on reasonable grounds that any person whose circumstances it may investigate under section 77
3: The actions are to—
a: assess the eligibility of an applicant for, or recipient of, a financial product on the basis of HNZ's own understanding of the circumstances:
b: treat the applicant or recipient as not or as no longer eligible for that financial product.
79: HNZ may seek information
1: For the purposes of a review under section 75 section 77
a: answer questions; or
b: allow HNZ to inspect any document or other written information; or
c: give HNZ—
i: a copy of any document or other written information; or
ii: a printout of any information stored digitally.
2: The person does not have to comply with the request but (for the purposes of section 7(1) of the Privacy Act 1993) this subsection authorises the person to make personal information available in response to the request.
80: HNZ may require information for certain purposes
1: HNZ may by written notice require information from any person for any 1 or more of the following purposes:
a: for the purpose of any investigation under section 77
b: for the purpose of detecting whether a person has committed or is committing an offence under section 82 or 83
c: for the purpose of determining and detecting the cost of fraud under section 82 or 83
d: for the purpose of ascertaining whether a person has failed or refused to answer fully, or has deliberately given a false or misleading answer, to any question asked under section 78(1)(a)
2: HNZ when requiring any information under subsection (1) must do so in accordance with the code of conduct.
3: HNZ may in writing require any person to advise whether any information provided under subsection (1) is accurate.
4: A person from whom information is required under subsection (1) or advice is required under subsection (3) must comply with the requirement—
a: no later than 5 working days after the notice was given; and
b: in the manner specified in the notice, without charge to HNZ.
5: This subsection authorises (for the purposes of section 7(1) of the Privacy Act 1993) any person who is required to provide information under subsection (1) or advice under subsection (3) to make personal information available in response to the requirement.
6: Subsection (1) does not—
a: require any person to provide any information or produce any document that would be privileged in a court of law:
b: require any person to provide any information or produce any document that is legally professionally privileged.
7: Subsection (6) does not apply to information—
a: that consists wholly or partly of, or relates wholly or partly to,—
i: the receipts, payments, income, expenditure, or financial transactions of a specified person (whether a lawyer, his or her client, or any other person); or
ii: investment receipts (being receipts arising or accruing from any money lodged at any time with a lawyer for investment) of any person or persons (whether the lawyer, his or her client, or any other person or persons); and
b: is contained in, or comprises the whole or part of, any book, account, statement, or other record prepared by or kept in connection with a trust account of the lawyer.
8: If a person refuses to disclose any information or document on the ground that it is privileged under subsection (6)(a) or (b),—
a: HNZ or that person or any other person to whom the information or document relates may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid; and
b: for the purposes of determining that application, the Judge may require the information or document to be produced to the court.
9: In this section,— lawyer trust account Placement in HNZ housing
81: Placement in HNZ housing
1: The matters to which HNZ may have regard in doing any of the things stated in subsection (2) may include criteria that have, or are capable of having, the effect that tenants, people who are or might be applicable persons in relation to those tenants, and other people who are or might be residing in the housing concerned are treated differently on the basis of—
a: their marital status, disability or absence of disability, age, or family status (as the terms marital status, disability, age, and family status are defined in paragraphs (b), (h), (i), and (l) of section 21(1) of the Human Rights Act 1993); or
b: whether or not they are resident, or ordinarily resident, or permanently resident, or lawfully resident, in New Zealand; or
c: their incomes; or
d: their property; or
e: 2 or more of those factors.
2: The things are any thing that HNZ does in the course of allocating, assigning, and letting HNZ housing to tenants, and in administering and terminating tenancies, and include—
a: allocating, assigning, and letting, or continuing to let, HNZ housing to a tenant; and
b: reviewing the eligibility of a tenant to be or to continue to be allocated, assigned, or let particular HNZ housing; and
c: terminating a tenancy; and
d: reallocating or reassigning HNZ housing to a tenant; and
e: retaining the current allocation, assignment, or letting of particular HNZ housing to a tenant.
3: Nothing in this section affects the application of the New Zealand Bill of Rights Act 1990. Offences
82: Offence not to provide information or to provide false or misleading information
1: A person who is required to provide information under section 80(1)
a: fails or refuses to provide, without reasonable excuse, the information required:
b: provides false or misleading information in response to the requirement.
2: A person who is required to advise under section 80(3) section 80(1)
a: fails or refuses to provide the advice without reasonable excuse:
b: provides false or misleading information in response to the requirement.
3: A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.
83: Offence to mislead HNZ for certain purposes or results
1: A person commits an offence who, for the purpose described in subsection (2) or with the result described in subsection (3),—
a: makes any statement knowing it to be false in any material particular; or
b: deliberately does or says anything for the purpose of misleading or attempting to mislead HNZ; or
c: when required to provide information under section 80
2: The purpose is—
a: for that person or another person to be or continue to be allocated, assigned, or let particular HNZ housing, or to be allocated, assigned, or let some other HNZ housing:
b: for that person or another person to receive or continue to receive a financial product.
3: The result is that person, or another person, whether or not entitled to it under this Act,—
a: is or continues to be allocated, assigned, or let particular HNZ housing:
b: is allocated, assigned, or let some other HNZ housing:
c: receives or continues to receive a financial product.
4: A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $5,000, or both. Delegations
84: Delegation of powers under this Part
1: HNZ—
a: may not delegate a power under section 78(1)(b), (2), or (3)
b: may not delegate any other power under this Part except to—
i: the Corporation; or
ii: an employee of HNZ or the Corporation; or
iii: a person engaged by HNZ or the Corporation under a contract for services providing for the person to exercise that power; or
iv: the agency or chief executive of the agency.
2: If a power has been delegated to the Corporation under subsection (1), the Corporation may, with the consent of HNZ, subdelegate that power to an employee of the Corporation or of HNZ.
3: An employee to whom a power has been delegated by HNZ in accordance with subsection (1) may, with the consent of HNZ, subdelegate that power to another employee of the Corporation or of HNZ.
4: The agency or the chief executive of the agency to whom a power has been delegated by HNZ in accordance with subsection (1), may with the consent of HNZ, subdelegate that power to an employee of the agency.
5: If HNZ delegates a power under this Part (not being a power referred to in subsection (1)(a)) to a body corporate engaged by HNZ or the Corporation under a contract for services,—
a: the body corporate cannot subdelegate the power except to a person who is an employee of the body corporate; and
b: an employee of the body corporate to whom the power is subdelegated cannot subdelegate it further.
6: Subsections (1) to (5) override section 130(1) of the Companies Act 1993. Reimbursement
85: Reimbursement of HNZ
Section 7 has effect as if—
a: this Part, the calculation mechanism, and Schedule 3 were a requirement by the Crown for HNZ to enter into agreements (as the circumstances from time to time require) for the provision by HNZ of housing and related services to persons who pay income-related rents rather than market rents for the housing, in return for the payment by the Crown of the price to HNZ of doing so; and
b: that price were the difference between the amounts of market rents for the housing and the income-related rents charged. Code of conduct
86: Code of conduct applying to obtaining information required under section 80
1: HNZ, in consultation with the Privacy Commissioner, must, within 3 months after the commencement of this section, issue a code of conduct that applies in respect of any requirement for information under section 80
2: The code of conduct—
a: must include the matters specified in section 90
b: may include restrictions on obtaining—
i: specified classes of information; and
ii: information from specified classes of persons or from persons in specified relationships; and
c: must specify procedures applying to the obtaining of information under section 80
3: HNZ may from time to time, in consultation with the Privacy Commissioner, amend the code of conduct, or revoke the code of conduct and issue a new code of conduct.
4: Nothing in the code of conduct may derogate from any code of practice issued by the Privacy Commissioner under Part 6 of the Privacy Act 1993 that applies to the information required under section 80 section 88
5: As soon as practicable after issuing any code of conduct and any amendment to it under this section, HNZ must arrange for it to be published on an Internet site that is publicly available at all reasonable times or published in a form that is otherwise accessible to the public.
6: The code of conduct that, before the commencement of this section, was issued under Part 5 is, on the commencement of this section, deemed to be issued under this section. 1964 No 136 s 11B
87: Who must comply with code of conduct
The following persons must comply with the code of conduct when requiring information under section 80
a: HNZ and every employee of HNZ:
b: the Corporation and every employee of the Corporation:
c: the agency and every employee and the chief executive of the agency:
d: every person or body corporate engaged by HNZ under a contract for services providing for the person to exercise the power to require such information:
e: every employee of a person or body corporate referred to in paragraph (d).
88: Regulations authorising information to be obtained
1: The Governor-General may, on the advice of the joint Ministers given after consultation with the Privacy Commissioner, by Order in Council, make regulations authorising HNZ to obtain pursuant to a requirement under section 80
a: any specified class of information; or
b: information from any specified class of persons; or
c: information in any specified manner.
2: Subsection (1) applies despite the fact that the making of that requirement would otherwise be in breach of any code of practice issued by the Privacy Commissioner under Part 6 of the Privacy Act 1993.
89: Complaints
1: Any person who is required to provide any information under section 80
2: Part 8 of the Privacy Act 1993 applies to any such complaint as if the code of conduct were a code of practice issued under Part 6 of that Act.
90: Matters to be included in code of conduct
1: The code of conduct issued under section 86
a: provisions requiring the information to be first sought, as the case may require, except where compliance with such provision would prejudice the maintenance of the law, from the applicant for or recipient of a financial product or the spouse or partner of the applicant or recipient:
b: provisions allowing a person referred to in paragraph (a) the time that is specified in the code to provide the information before HNZ requires that information or confirmation of that information from another person or agency, except where compliance with such provision would prejudice the maintenance of the law:
c: a provision prohibiting a requirement under section 80
d: a provision prohibiting a requirement under section 80
e: provisions otherwise restricting requirements under section 80
2: In subsection (1)(c), reasonable cause
a: cause to suspect that the person—
i: has committed an offence under this Part; or
ii: has obtained by fraud any financial product:
b: the fact that the person has failed, within the time specified in the code, or has refused, to provide information in accordance with a requirement made to that person under a provision referred to in subsection (1)(a). 1964 No 136 s 11C
8: Community housing
91: Interpretation of terms used in this Part
In this Part, unless the context otherwise requires,— prospective tenant for community housing
a: who—
i: is eligible to be allocated community housing; and
ii: is not a person to whom any community housing is let; and
iii: has been referred or allocated to a registered community housing provider to be allocated, assigned, or let community housing; or
b: who—
i: is already a person to whom community housing is let; but
ii: has applied to the registered community housing provider (alone or together with some other person or people) to become a tenant of some other community housing offered by that provider and has not yet had the application accepted or declined, or withdrawn it tenant
a: in relation to community housing in general,—
i: means any person or people to whom any community housing is let or to be let; and
ii: includes a prospective tenant for community housing; and
b: in relation to any particular community housing, means the person or people to whom it is let or to be let.
92: Income-related rent
1: This subsection applies to community housing, a registered community housing provider, and a tenant if—
a: the tenant is an eligible tenant who—
i: has been allocated or referred to a registered community housing provider by the agency; or
ii: immediately before becoming a tenant of a registered community housing provider—
A: was a tenant or prospective tenant of HNZ housing; and
B: had not been assessed by the agency as being no longer eligible for social housing; and
b: an income-related rent has been calculated for the tenant under Part 9
c: the agency has notified under section 106
d: that notification of the income-related rent has not been replaced by a notification from the agency to the effect that the rent for the housing may be determined by the registered community housing provider but must not exceed its market rent for the time being.
2: If subsection (1) applies to any community housing, a registered community housing provider, and a tenant, the rent for the community housing must be the income-related rent for the time being notified by the agency, subject to subsections (4) and (5).
3: If subsection (1) does not apply to any community housing, a registered community housing provider, and a tenant, the rent for the housing may be determined by the registered community housing provider, but must not exceed its market rent for the time being.
4: The income-related rent for any community housing must not exceed its market rent for the time being.
5: If a registered community housing provider is satisfied that special circumstances justify its doing so, it may, in its absolute discretion, set for and accept from a tenant a rent lower than the rent otherwise required by subsection (2) to be paid for the housing by the tenant.
6: Subsections (2) to (5) are subject to section 93
7: In subsection (1), eligible tenant section 102
93: Changes in rent
1: This section applies to an existing tenant of community housing if the registered community housing provider—
a: is required by section 92 or 94
b: is empowered by section 92
2: The registered community housing provider must, in accordance with section 136 of the Residential Tenancies Act 1986, give a tenant to whom subsection (1) applies written notice of the change in rent, stating—
a: the day on which it takes effect; and
b: the matters referred to in paragraphs (j) and (k) of section 13A of that Act.
3: In the case of a reduction in rent, the notice has effect as a variation of the tenancy agreement for the housing whether or not the tenant signs it.
4: In the case of an increase in rent, the notice must comply with section 24 of the Residential Tenancies Act 1986 except to the extent that section 94
94: Increase in rent due to change in tenant's circumstances
1: If a registered community housing provider receives a notification from the agency under section 106
a: the provider must, subject to subsection (4), give the tenant written notice, in accordance with section 93(2) effective date
b: the effective date must be a date no earlier than 61 days after the date (as stated in the agency's notification) that the change in circumstances occurred; and
c: the provider must give the notice to the tenant at least 2 weeks before the effective date.
2: The agency may recover from the tenant as a debt due to the Crown, the difference (if any) between—
a: the higher income-related rent calculated by the agency for the tenant for the housing in respect of the period commencing on the date that is 61 days after the change in circumstances occurred and ending on the day before the effective date (capped at the market rent); and
b: the income-related rent applying to that period that the agency had calculated for the tenant for the housing and set out in its previous notification.
3: The income-related rent notified under subsection (1)(a) for the housing must not exceed its market rent for the time being.
4: A registered community housing provider must change the rent charged following receipt of a notification from the agency unless, in the provider’s opinion, it would not result in a material difference to the rent charged for the housing concerned.
5: Section 24(1)(c) to (h) and 24(1A) and (2) of the Residential Tenancies Act 1986 do not apply to the increase in rent.
6: Amounts recoverable under subsection (2) are not rent in arrear for the purposes of the Residential Tenancies Act 1986. Example
Mary is a tenant of a registered community housing provider and is paying an income-related rent to the provider. On 1 March, Mary returned to full-time employment but did not tell the agency of her change in circumstances. Several months later, the agency becomes aware that Mary’s circumstances had changed on 1 March. The agency calculates an increased income-related rent for Mary, and notifies the registered community housing provider accordingly. The increased income-related rent does not exceed the market rent for the housing. On 1 October that same year, the registered community housing provider notifies Mary that she must pay an increased income-related rent (in accordance with the agency’s notification) from the rent period beginning on 21 October (the effective date). The agency is entitled to recover from Mary, as a debt due to the Crown, the difference between—
a: the higher income-related rent for the housing (as set out in the agency’s notification) in respect of the period commencing on 1 May (61 days after the change in circumstances) and ending on 20 October; and
b: the income-related rent applying to that period that the agency had calculated for the tenant for the housing (as set out in the agency's previous notification).
95: Placement in community housing
1: The matters to which a registered community housing provider may have regard in doing any of the things stated in subsection (2) may include criteria that have, or are capable of having, the effect that tenants, people who are or might be applicable persons in relation to those tenants, and other people who are or might be residing in the housing concerned are treated differently on the basis of—
a: their marital status, disability or absence of disability, age, or family status (as the terms marital status, disability, age, and family status are defined in paragraphs (b), (h), (i), and (l) of section 21(1) of the Human Rights Act 1993); or
b: whether or not they are resident, or ordinarily resident, or permanently resident, or lawfully resident, in New Zealand; or
c: their incomes; or
d: their property; or
e: 2 or more of those factors.
2: The things are anything that a registered community housing provider does in the course of allocating, assigning, and letting community housing to tenants, and in administering and terminating those tenancies, and include—
a: allocating, assigning, and letting community housing to tenants at an income-related rent; and
b: allocating, assigning, and letting community housing to tenants; and
c: reviewing the eligibility of a tenant to be or to continue to be allocated, assigned, or let particular community housing; and
d: terminating a tenancy; and
e: reallocating or reassigning community housing to tenants; and
f: retaining the current allocation, assignment, or letting of particular community housing to tenants.
3: Nothing in this section affects the application of the New Zealand Bill of Rights Act 1990.
96: Registered community housing provider may review placement
1: A registered community housing provider may—
a: allocate a prospective tenant for community housing to particular community housing provided by that provider:
b: review the eligibility of a tenant to be or to continue to be allocated, assigned, or let particular community housing provided by that provider:
c: require a tenant to transfer to different community housing provided by that provider if the provider considers that the transfer is necessary or desirable for any reason and the other housing is appropriate to the tenant's housing needs.
2: Nothing in this section limits or affects—
a: a tenant’s rights under the Residential Tenancies Act 1986:
b: a registered community housing provider’s rights as a landlord under the Residential Tenancies Act 1986, including its rights to terminate a tenancy in accordance with that Act.
97: Limits on obligations of registered community housing provider
Nothing in this Act requires a registered community housing provider to provide any housing or particular housing to a tenant referred or allocated to the provider by the agency.
98: Reimbursement of registered community housing providers
The Crown may require a registered community housing provider to enter into 1 or more agreements for the provision, by that provider, of social housing and related services to any persons paying income-related rents in return for the payment by the Crown of the price to the provider of doing so (being the difference between the amount of market rents for the housing and the income-related rents notified to the provider by the agency).
9: Social housing agency
Preliminary provisions
99: Interpretation of terms used in this Part
In this Part, unless the context otherwise requires,— appeal body section 136(1) section 133 Ministry prescribed
a: prescribed by the calculation mechanism for the purposes of the provision; or
b: calculated under a means prescribed by the calculation mechanism for the purposes of the provision. Appointment, functions, and operation of social housing agency
100: Social housing agency
The Governor-General may, from time to time, by Order in Council made on the recommendation of the joint Ministers, appoint a department, departmental agency, or a Crown entity or any combination of 1 or more departments, departmental agencies, or Crown entities, to perform some or all of the functions and exercise some or all of the powers of the agency under this Act.
101: Functions of agency
The functions of the agency include the following:
a: providing assistance and advice to people on matters relating to housing or services related to housing; and
b: managing applications for social housing, including—
i: assessing the eligibility of prospective tenants to be allocated social housing or to be referred or allocated to any particular social housing provider:
ii: assessing the housing needs of prospective tenants:
iii: reviewing the eligibility of tenants to continue to be allocated social housing and reviewing their housing needs:
iv: operating a waiting list or waiting lists of prospective tenants who have been assessed as being eligible for social housing, but who have yet to be allocated, assigned, or let social housing:
v: referring or allocating prospective tenants to social housing providers:
vi: providing the results of its assessments of eligibility and housing needs to HNZ or registered community housing providers; and
c: any other functions of the agency set out in this Act and any other functions under Part 7
102: Ministerial directions to agency
1: The joint Ministers and, if applicable, any other Minister responsible for the agency may give to the agency directions setting out the terms and conditions on which the income-related rent subsidy must be made available to registered community housing providers and HNZ, including—
a: the type of housing units that may be funded using the subsidy during any specified period of time; or
b: the number of housing units that may be funded using the subsidy during any specified period of time; or
c: the location of housing units that may be funded using the subsidy during any specified period of time.
2: The joint Ministers, and if applicable, any other Minister responsible for the agency must give to the agency directions stating the criteria by which the agency must assess—
a: a person's eligibility for social housing:
b: a person's continued eligibility for social housing.
3: The joint Ministers, and if applicable, any other Minister responsible for the agency may give to the agency directions determining—
a: the timing of reviews by the agency under section 117
b: the class or classes of people which the agency may or may not review under that section.
4: Before making any direction under this section, the joint Ministers and, if applicable, any other Minister responsible for the agency must consult—
a: the agency and the authority; and
b: any social housing provider that, in the Minister's opinion, will be materially affected by the direction.
5: The requirement in subsection (4)(b) does not apply to the first directions to be made under subsection (2) or (3).
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 joint Ministers and, if applicable, any other Minister responsible for the agency.
7: If the agency is a Crown entity, subsections (1) to (6) do not limit Part 3 of the Crown Entities Act 2004.
8: If there is any inconsistency between the provisions of this Act and the Crown Entities Act 2004 relating to ministerial directions, the provisions of the Crown Entities Act 2004 prevail.
9: As soon as practicable after giving a direction under this section, a Minister must publish it in the Gazette 2004 No 115 ss 103, 115 Eligibility, housing needs, and income-related rent
103: Agency to notify social housing providers of eligibility and housing needs
1: The agency must, in relation to any tenant of a social housing provider that has been referred or allocated to the provider by the agency or is housed by the provider, notify the provider each time the agency makes an assessment of—
a: the eligibility or continued eligibility of the tenant for social housing; and
b: the housing needs of the tenant.
2: The notification—
a: must set out the results of the agency's assessment; and
b: may include any other information that the agency considers reasonable or necessary, including matters relevant to tenancy sustainability; and
c: must include the information reasonably requested by the social housing provider, to enable the social housing provider to make decisions on allocating, assigning, and letting housing, and continuing to allocate, assign, and let housing.
3: The agency must update the notification following any determination that affects the tenant’s eligibility for social housing or housing needs assessed by the agency or determined on review and appeal, and may update a notification following an investigation under this Part.
4: A social housing provider is entitled to rely on a notification given under this section.
5: A notification under this section may be given by electronic means in accordance with Part 2 of the Electronic Transactions Act 2002.
104: Income-related rent
1: This subsection applies to social housing and a tenant if—
a: the tenant is eligible to be allocated social housing or has been allocated, assigned, or let particular social housing; and
b: the tenant has applied to the agency for it to calculate an income-related rent; and
c: the agency is satisfied that—
i: it has had all information reasonably needed to calculate or review an income-related rent for long enough to be able to do so; and
ii: the information is accurate.
2: If subsection (1) applies, the agency must—
a: calculate the income-related rent for the time being for the tenant; and
b: provide notification under section 106.
3: However, if the agency is not satisfied that it has had all information reasonably needed to calculate or review an income-related rent for long enough to be able to do so or that the information is accurate, the agency must provide notification to the social housing provider under section 106
a: the rent for the housing must be its market rent for the time being, in accordance with section 72(3)
b: the rent for the housing may be determined by the registered community housing provider, but must not exceed its market rent for the time being, in accordance with section 92(3)
4: The agency must update a notification following any change to the income-related rent calculated or determined for the tenant.
5: The agency may update a notification following an investigation of circumstances relevant to an income-related rent under this Part.
105: Backdating of applications for calculation of income-related rent
1: The agency may treat an application made at any time for it to calculate an income-related rent as having been made at any earlier time it determines, if satisfied that—
a: it has all information reasonably needed to calculate an income-related rent as at the time determined; and
b: the information is accurate; and
c: it was unreasonable in all the circumstances to expect the application to have been made earlier.
2: This subsection applies to an application made to the agency for it to calculate an income-related rent if,—
a: at the time it was made, the agency—
i: did not have all the information reasonably needed to calculate an income-related rent; or
ii: had all the information reasonably needed to calculate an income-related rent, but was not satisfied that it was accurate; and
b: at some later time, the agency is satisfied that—
i: it has all that information; and
ii: the information is accurate.
3: The agency may treat an application to which subsection (2) applies as if the agency had had all the information reasonably needed to calculate an income-related rent at any time it determines between the time the application was made and the later time concerned.
106: Agency must notify social housing providers of tenant’s income-related rent
1: The agency must notify a social housing provider of the income-related rent calculated for a tenant who has been referred or allocated to, or is housed by, that social housing provider.
2: The agency—
a: must update the notification following any change to the income-related rent calculated or notified for the tenant, including any change where the agency's assessment is that the income-related rent should be equal to the market rent; and
b: may update a notification following an investigation under this Part.
3: An updated notification must state whether the change in income-related rent is due to a change in the tenant’s circumstances or the circumstances of any other applicable person and, if so, the date the change in circumstances occurred.
4: A social housing provider is entitled to rely on a notification given under this section.
5: A notification under this section may be given by electronic means in accordance with Part 2 of the Electronic Transactions Act 2002. Calculating income-related rents
107: Calculating income-related rents
1: An income-related rent (calculated on a weekly basis) is the higher of the following rents:
a: a rent calculated by reference to household income under subsection (2):
b: a rent calculated by reference to benefit levels under subsection (3).
2: A rent calculated by reference to household income is the sum of—
a: the prescribed proportion of the sum of the assessable incomes of the applicable persons concerned, up to the prescribed threshold (or the threshold prescribed for tenants of a category to which the tenant belongs); and
b: the prescribed proportion of any amount by which that sum is greater than that threshold; and
c: if any of the applicable persons is eligible to receive family tax credits under subparts MA to MF and MZ of the Income Tax Act 2007, the prescribed proportion of the lesser of—
i: the total of the amounts that the applicable persons are eligible to receive as family tax credits under those subparts; and
ii: a prescribed amount (or an amount calculated by a prescribed means).
3: A rent calculated by reference to benefit levels is the sum of—
a: the prescribed proportion of the rate (before abatement) stated in paragraphs (a) to (f) of clause 1 of Schedule 9 of the Social Security Act 1964 that would be appropriate if the tenant were a beneficiary; and
b: if any of the applicable persons is eligible to receive family tax credits under subparts MA to MF and MZ of the Income Tax Act 2007, the prescribed proportion of the lesser of—
i: the total of the amounts that the applicable persons are eligible to receive as family tax credits under those subparts; and
ii: a prescribed amount (or an amount calculated by a prescribed means).
108: Assessable income
The assessable income of an applicable person is the agency's estimate of the person's weekly income from all sources,—
a: if the agency considers that income tax is payable on any part of it, after the deduction of whichever of the following the agency thinks fit in the particular case:
i: any income tax actually paid in respect of or deducted from that part; or
ii: the agency's estimate of the amount of income tax payable in respect of it; and
b: if the agency considers that any premium is payable in respect of any part of it under section 219(1) of the Accident Compensation Act 2001, after the deduction of whichever of the following the agency thinks fit in the particular case:
i: any premium actually paid in respect of that part; or
ii: the agency's estimate of the amount of premium payable in respect of it; and
c: if the agency considers that any levy is payable in respect of any part of it under section 219 of the Accident Compensation Act 2001, after the deduction of whichever of the following the agency thinks fit in the particular case:
i: any levy actually paid in respect of that part; or
ii: the agency's estimate of the amount of levy payable in respect of it.
109: Certain amounts included in weekly income
1: For the purposes of section 108
a: the appropriate weekly proportion of any periodical payment, whether capital or not, made to the person on a regular basis by any other person for income-related purposes and used by the person for income-related purposes; and
b: the appropriate weekly proportion of the value of any goods, service, transport, or accommodation (other than accommodation provided by HNZ or a registered community housing provider) supplied to the person on a regular basis by any other person.
2: A person's weekly income includes contributions from additional residents to the extent only required by the calculation mechanism.
3: Subsection (1) does not limit section 108
4: Subsection (2) overrides subsection (1) and section 108.
110: Calculation mechanism may include amounts in or exclude amounts from weekly income
1: For the purposes of section 108
a: includes any amount or payment (or, as the case requires, the appropriate weekly proportion of any amount or payment) of a prescribed description:
b: does not include any amount or payment (or, as the case requires, the appropriate weekly proportion of any amount or payment) of a prescribed description.
2: Subsection (1)(a) does not limit section 108
3: Subsection (1)(b) overrides sections 108 and 109(1) Assessable assets, and deprivation of income or property
111: Assessable assets
1: Assessable assets generate imputed income at a rate of interest for the time being stated by the joint Ministers by notice in the Gazette section 108
a: the gross income from any person's assessable assets is the greater of the actual income from those assets and the imputed income they generate; and
b: the person's weekly income must be estimated accordingly.
2: In subsection (1), assessable assets section 114
112: Assessable income may be adjusted in certain cases
1: Subsection (2) applies if the agency is satisfied that—
a: an applicable person has directly or indirectly deprived himself or herself of any income or property; and
b: as a consequence of the deprivation, an income-related rent of any social housing in respect of which the person is an applicable person is (or but for this section would be) lower than it would otherwise be.
2: The agency may treat the person's assessable income as having been increased to the extent the agency thinks necessary to reflect the deprivation, or any lesser extent.
3: Subsection (2) overrides sections 107(1) and 113
4: In this section,— income property Estimating weekly income, and regulations for purposes of calculation mechanism
113: Estimating weekly income
For the purposes of section 108 section 105 section 116 section 123
a: that estimated income must be treated as an amount equal to—
i: the agency's estimate of the income received by the person for any period equal to the prescribed period (ending on a day before the day concerned) that the agency decides, divided so as to equate to a weekly amount; or
ii: if the agency thinks it more appropriate in all the circumstances, the agency's estimate of the income received by the person for any shorter period (ending on a day before the day concerned) that the agency decides, divided so as to equate to a weekly amount; and
b: there may be deducted from that amount any items by which the agency is satisfied the income is likely to be reduced, and there may be added to that amount any items by which the agency is satisfied the income is likely to be increased.
114: Regulations for purposes of calculation mechanism
1: The Governor-General may, by Order in Council, make regulations for any or all of the following purposes:
a: prescribing a definition of assessable assets for the purposes of section 111(2)
b: prescribing matters contemplated by sections 107 to 113
c: providing for any other matters contemplated by sections 107 to 113
2: The regulations may—
a: prescribe a zero proportion (or a means for calculating proportions capable of producing a zero proportion) for the purposes of any provision:
b: prescribe a proportion or threshold (or a means for calculating a proportion or threshold) for the purposes of any provision by reference to any or all of the following matters:
i: the relationship status of the tenant concerned:
ii: the relationship status of the applicable persons concerned:
iii: the number of dependent children of the tenant concerned:
iv: the number of dependent children of the applicable persons concerned:
v: the number of people living or intended to live in the housing concerned:
c: prescribe a threshold (or a means for calculating a threshold) for the purposes of any provision by reference to the rate of a benefit within the meaning of section 3(1) of the Social Security Act 1964, or the rates of 2 or more such benefits.
3: A means for calculating may comprise any number of mechanisms and parameters.
4: Subsection (2) does not limit subsection (1).
5: Nothing in this section affects the application of the New Zealand Bill of Rights Act 1990. Administrative matters and review
115: Tenant's duty to advise changes of circumstances
1: Every person to whom any social housing is let at an income-related rent must promptly advise the agency of—
a: any change in the person's circumstances likely to result in the payment of a higher income-related rent; and
b: any change known to the person in the circumstances of any other applicable person likely to result in the payment of a higher income-related rent by the first-mentioned person.
2: Every person to whom any social housing is let (whether at an income-related rent or a market rent) must promptly advise the agency of—
a: any change in the person's circumstances likely to result in the person no longer being eligible to be allocated social housing or no longer in need of the particular social housing the person is being let; and
b: any change known to the person in the circumstances of any other applicable person likely to result in the first-mentioned person no longer—
i: being eligible to be allocated social housing; or
ii: being in need of the particular social housing that the first-mentioned person is being let.
3: Every person who is a prospective tenant must promptly advise the agency of any change in the circumstances of the person or the person's spouse or partner likely to result in the person not or no longer—
a: being eligible to be allocated social housing; or
b: needing to be allocated, assigned, or let any particular social housing. Section 115(2)
116: Reviews of income-related rents
1: The agency may at any time, of its own motion or on application by a tenant of the social housing concerned, review any income-related rent to ascertain—
a: whether it or some other income-related rent is now appropriate; or
b: whether at some earlier time it or some other income-related rent was appropriate; or
c: both.
2: After reviewing the income-related rent, the agency,—
a: if satisfied some other income-related rent (including an income-related rent equivalent to the market rent) is now appropriate, may calculate and notify that other income-related rent for the tenant:
b: if satisfied that at some earlier time a higher income-related rent was appropriate, may take action under section 74(3), 94(2), or 127
c: if satisfied that at some earlier time a lower income-related rent was appropriate, must make any necessary refund.
3: However, if after reviewing the income-related rent, the agency is not satisfied that it has all information reasonably needed to calculate or review an income-related rent, the agency must provide notification to the social housing provider under section 106
a: the rent for the housing must be its market rent for the time being, in accordance with section 72(3)
b: the rent for the housing may be determined by the registered community housing provider, but must not exceed its market rent for the time being, in accordance with section 92(3)
4: The agency—
a: does not have to calculate that other income-related rent under subsection (2)(a) unless, in the agency's opinion, it would result in a material difference to the existing income-related rent; and
b: does not have to give a notification under section 103 or 106
c: does not have to act under subsection (2)(b) unless in the agency's opinion, there has been a material under-payment of rent for the housing concerned.
117: Agency may review housing eligibility
1: The agency may—
a: at any time, on its own motion or on the application of a social housing provider, review the eligibility of a prospective tenant for social housing:
b: subject to and in accordance with any directions given under section 102(3)
2: The agency must conduct a review under subsection (1)(a) in accordance with directions given under section 102(2)
3: The agency must conduct a review under subsection (1)(b) in accordance with directions (if any) given under section 102(2)(b)
4: Nothing in this section limits or affects any power of the agency to conduct a review under any other enactment.
118: Agency may review housing needs of tenant
1: The agency may, at any time, on its own motion or on the application of a social housing provider, review the housing needs of a tenant.
2: Nothing in this section limits or affects any power of the agency to conduct a review under any other enactment. Investigations and information-gathering powers
119: Agency may investigate circumstances relevant to income-related rent
The agency may investigate—
a: the present circumstances of—
i: any tenant of social housing who is paying, or has applied to the agency for the agency to calculate, an income-related rent; or
ii: any person who is an applicable person in relation to the tenant:
b: the circumstances (as they existed immediately before the income-related rent concerned was calculated or during any period when it was applicable) of—
i: any tenant or former tenant of social housing who was required to pay an income-related rent for the housing; or
ii: any person who was an applicable person in relation to the tenant or former tenant at the time concerned.
120: Agency may investigate circumstances of prospective tenant
The agency may investigate the circumstances of any prospective tenant or of any person who would be an applicable person in relation to that tenant to the extent that those circumstances might be relevant to—
a: the eligibility of the prospective tenant to be allocated social housing or to be allocated or referred to any particular social housing provider; or
b: the housing needs of the prospective tenant.
121: Agency may investigate circumstances relevant to continued eligibility
1: The agency may investigate the circumstances of any tenant of social housing (whether paying income-related rent or market rent for the housing) or the circumstances of any applicable person in relation to that tenant, to the extent that those circumstances might be relevant to—
a: the continued eligibility of the tenant to be allocated social housing; or
b: the housing needs of the tenant.
2: The agency may, on application by a social housing provider, investigate the circumstances of any tenant of social housing or an applicable person in relation to the tenant, to the extent that those circumstances might be relevant to the continued need of the tenant for the particular social housing that the tenant has been allocated, assigned, or let.
122: Agency may ask questions
For the purpose of any investigation conducted under section 119, 120, or 121
a: may ask any person whose circumstances it may investigate any relevant questions it thinks fit; and
b: may ask any person whose circumstances it may investigate to verify by statutory declaration—
i: any information he or she has given when answering questions asked under paragraph (a); or
ii: any other information that he or she has at any time given to the agency; or
iii: any information within his or her personal knowledge that has at any time been given to the agency by—
A: an applicable person in relation to that person (where the person whose circumstances are being investigated is a tenant); or
B: a person who would be an applicable person in relation to that person (where the person whose circumstances are being investigated is a prospective tenant); or
C: any person who was an applicable person in relation to the tenant or former tenant at the time concerned.
123: Actions that may be taken by agency
1: The agency may take the actions stated in subsection (2) if—
a: any person whose circumstances it may investigate—
i: fails or refuses to answer (or, in the agency's opinion, fails or refuses to answer fully) any question asked under section 122(a)
ii: fails or refuses to verify any information by statutory declaration when asked to do so under section 122(b)
b: it believes on reasonable grounds that any person whose circumstances it may investigate has deliberately given a false or misleading answer to any question asked under section 122(a)
c: for the purpose of a review under section 117 118 section 125(1)(d),
i: the tenant fails or refuses to comply fully with the requirement for information; or
ii: the agency believes on reasonable grounds that the tenant has deliberately given false or misleading information in response to the requirement.
2: The actions are,—
a: to the extent that the tenant is the person or people to whom any social housing is let or to be let,—
i: calculate an income-related rent for the tenant on the basis of the agency's own understanding of the circumstances; or
ii: calculate the income-related rent for the tenant as being equal to the market rent from time to time for the social housing:
b: to the extent that the tenant is a prospective tenant only,—
i: suspend the process of determining whether the tenant is eligible to be allocated social housing; or
ii: suspend the process of determining whether the tenant is eligible to be referred or allocated to HNZ or any registered community housing provider; or
iii: decline the tenant's application to become a tenant of social housing:
c: to the extent that the tenant is an existing tenant only,—
i: treat the tenant as having had a change in circumstances (and the date of change in circumstances) on the basis of its own understanding of the circumstances; or
ii: for the purpose of section 117
iii: for the purpose of section 118
iv: treat the tenant as not eligible to be or continue to be allocated social housing, on the basis of the agency's own understanding of the circumstances.
124: Agency may seek information
1: For the purposes of a review under section 116, 117, or 118 section 119, 120, or 121
a: answer questions; or
b: allow the agency to inspect any document or other written information; or
c: give the agency—
i: a copy of any document or other written information; or
ii: a printout of any information stored digitally.
2: The person does not have to comply with the request, but (for the purposes of section 7(1) of the Privacy Act 1993) this subsection authorises the person to make personal information available in response to the request.
125: Agency may require information for certain purposes
1: The agency may by written notice require information from any person for any 1 or more of the following purposes:
a: the purpose of ascertaining the housing needs of a prospective tenant:
b: the purpose of ascertaining the eligibility of a tenant to be allocated social housing:
c: the purpose of calculating an appropriate income-related rent:
d: the purpose of a review under section 116, 117, or 118
e: the purpose of any investigation under section 119, 120, or 121
f: the purpose of detecting whether a person has committed or is committing an offence under section 130 or 131
g: the purpose of determining and detecting the cost of fraud under section 130 or 131
h: the purpose of ascertaining whether a person has failed or refused to answer fully, or has deliberately given a false or misleading answer, to any question asked under section 122(a)
2: The agency when requiring any information under subsection (1) must do so in accordance with the code of conduct.
3: The agency may in writing require any person to advise whether any information provided under subsection (1) is accurate.
4: A person from whom information is required under subsection (1) or advice is required under subsection (3) must comply with the requirement—
a: no later than 5 working days after the notice was given; and
b: in the manner specified in the notice, without charge to the agency.
5: This subsection authorises (for the purposes of section 7(1) of the Privacy Act 1993) any person who is required to provide information under subsection (1) or (3) to make personal information available in response to the requirement.
6: Subsection (1) does not—
a: require any person to provide any information or produce any document that would be privileged in a court of law:
b: require any person to provide any information or produce any document that is legally professionally privileged.
7: Subsection (6) does not apply to information that—
a: consists wholly or partly of, or relates wholly or partly to,—
i: the receipts, payments, income, expenditure, or financial transactions of a specified person (whether a lawyer, his or her client, or any other person); or
ii: investment receipts (being receipts arising or accruing from any money lodged at any time with a lawyer for investment) of any person or persons (whether the lawyer, his or her clients, or any other person or persons); and
b: is contained in, or comprises the whole or part of, any book, account, statement, or other record prepared by or kept in connection with a trust account of the lawyer.
8: If a person refuses to disclose any information or document on the ground that it is privileged under subsection (6)(a) or (b),—
a: the agency or that person or any other person to whom the information or document relates may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid; and
b: for the purposes of determining that application, the Judge may require the information or document to be produced to the court.
9: In this section,— lawyer trust account
126: Powers of agency to use information
If the agency is the Ministry, the agency may, despite any other enactment,—
a: use information obtained under this Part and Schedule 4 to perform its functions, duties, and powers under the Social Security Act 1964; and
b: use information obtained under the Social Security Act 1964 to perform its functions, duties, and powers under this Part.
127: Recovery where rate of rent too low
1: Subsection (2) applies to a tenant of social housing and a period of time if, at any later time, the agency—
a: has in its possession information (whether or not obtained as a result of a review or an investigation under this Act) that—
i: it did not have during that period, or had but did not have reasonable grounds to believe; and
ii: it now believes on reasonable grounds; and
b: is satisfied that, if it had had the information before the period and had had reasonable grounds to believe the information, it would have calculated for the tenant an income-related rent higher than the income-related rent that it last notified to the social housing provider in respect of the period (capped at the market rent).
2: If this subsection applies to a tenant of social housing and a period of time, the agency may calculate, and recover as a debt due to the Crown, the difference between—
a: the higher income-related rent it would have calculated for the tenant, but capped at the market rent for the housing, in respect of the period; and
b: the income-related rent calculated and notified for the tenant (capped at the market rent).
3: Amounts recoverable under subsection (2) are not rent in arrear for the purposes of the Residential Tenancies Act 1986.
128: Recovery of debt where agency is Ministry
For the purpose of section 74(3), 94(2), or 127(2)
a: the agency must treat the debt as if it were a debt due to the Crown under section 85A of the Social Security Act 1964, with any necessary modification; and
b: to avoid doubt, the agency may recover that debt in accordance with that Act from any tenant or former tenant of social housing. Allocation of social housing
129: Allocation of social housing
1: The matters to which the agency may have regard in doing any of the things stated in subsection (2) may include criteria that have, or are capable of having, the effect that tenants, people who are or might be applicable persons in relation to those tenants, and other people who are or might be residing in the housing concerned are treated differently on the basis of—
a: their marital status, disability or absence of disability, age, or family status (as the terms marital status, disability, age, and family status are defined in section 21(1)(b), (h), (i), and (l) of the Human Rights Act 1993); or
b: whether or not they are resident, or ordinarily resident, or permanently resident, or lawfully resident, in New Zealand; or
c: their incomes; or
d: their property; or
e: 2 or more of those factors.
2: The things are any thing that the agency does in the course of determining eligibility for social housing or social housing offered by a social housing provider, and include—
a: assessing the housing needs of a tenant:
b: assessing the eligibility of prospective tenants to be allocated social housing:
c: reviewing the eligibility of tenants to be or continue to be allocated social housing, or reviewing the eligibility of a tenant under section 117 section 118
d: operating a waiting list of tenants who have been assessed as being eligible for social housing, but who have yet to be allocated, assigned, or let social housing or particular social housing:
e: providing the results of its assessments of eligibility and housing needs to HNZ or registered community housing providers:
f: referring or allocating prospective tenants to social housing providers.
3: Nothing in this section affects the application of the New Zealand Bill of Rights Act 1990. Offences
130: Offence not to provide information or to provide false or misleading information
1: A person who is required to provide information under section 125(1)
a: fails or refuses to provide, without reasonable excuse, the information required:
b: provides false or misleading information in response to the requirement.
2: A person who is required under section 125(3) section 125(1)
a: fails or refuses to provide that advice, without reasonable excuse:
b: provides false or misleading information in response to the requirement.
3: A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.
131: Offence to mislead agency for certain purposes or results
1: A person commits an offence who, for the purpose described in subsection (2) or with the result described in subsection (3),—
a: makes any statement knowing it to be false in any material particular; or
b: deliberately does or says anything for the purpose of misleading or attempting to mislead the agency; or
c: when required to advise the agency under section 115 section 125
2: The purpose is—
a: for that person or another person to be eligible or continue to be eligible to be allocated social housing:
b: for that person or another person to be eligible or continue to be eligible to be allocated, assigned, or let particular social housing, or to be allocated, assigned, or let some other social housing:
c: for that person or another person to have calculated for them, or to pay or continue to pay as rent for social housing, an income-related rent or lower income-related rent than they would otherwise be entitled to under this Act or an income-related rent that they are not entitled to under this Act.
3: The result is that that person or another person, whether or not entitled to it under this Act,—
a: is or continues to be assessed as eligible to be allocated social housing:
b: is or continues to be allocated or assigned to a particular social housing provider:
c: is or continues to be allocated, assigned, or let particular social housing:
d: is allocated, assigned, or let some other social housing:
e: is let social housing at an income-related rent or lower income-related rent.
4: A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $5,000, or both. Appeals
132: Rights of appeal
1: This section and sections 133 to 135
a: any decision or determination of the agency made under this Part, the calculation mechanism, or Schedule 3 in respect of an income-related rent; and
b: any assessment by the agency of—
i: the eligibility of any tenant to be, or to continue to be, allocated social housing; or
ii: the housing needs of any tenant.
2: Nothing in this section and sections 133 to 135 section 136
133: Tenant may appeal
A tenant may, in accordance with regulations made under section 136 section 132(1)
a: has confirmed it (whether as originally made or as varied) under the process for the time being established by the agency to review such decisions, determinations, or assessments; or
b: has no such process for the time being established.
134: Powers of appeal body
1: In determining the appeal, the appeal body has all the powers, duties, functions, and discretions the agency had in relation to the matter concerned and may—
a: confirm, modify, or reverse the decision, determination, or assessment; or
b: refer all or any part of the matter back to the agency for further consideration, together with—
i: any directions it thinks just relating to the reconsideration; and
ii: a written statement of its reasons for doing so.
2: The appeal body—
a: may award costs against the agency in respect of any appeal if—
i: it is allowed in whole or in part; or
ii: all or any part of the matter is referred back to the agency for further consideration; and
b: may award costs against the appellant in respect of any appeal that is refused, if the appeal body believes that it was frivolous or vexatious, or should not have been brought.
135: Where appeal body established by regulations
If the agency is not the Ministry and regulations under section 136(1)(a) sections 132 to 134
a: within 14 days after the date of the determination, the appellant must—
i: lodge a notice of appeal with the court; and
ii: give a copy of the notice to every other party to the appeal:
b: the court or a Judge may, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this section for the lodging of a notice of appeal:
c: except as provided by this subsection, the case must be dealt with in accordance with the rules of the District Court. Regulations
136: Regulations relating to appeals and other matters
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: for the purposes of section 133
i: establishing a body to dispose of appeals under that section, prescribing how its members are to be appointed, and prescribing how it is to hear and dispose of appeals; or
ii: providing that such appeals are to be made to the Social Security Appeal Authority established by the Social Security Act 1964 as if they were appeals against decisions or determinations under that Act, and providing that sections 12J to 12N, section 12OA, and sections 12P to 12S of that Act apply, with or without modification, to the hearing and disposal of appeals; or
iii: providing, if the agency is not the Ministry, that such appeals are to be made to a District Court, and providing that the District Courts Act 1947 and the rules of the District Court apply, with or without modification, to the hearing and disposal of appeals; or
b: providing for any other matters contemplated by the provisions of this Part (other than sections 107 to 113
2: Any body established under subsection (1)(a)(i) is a statutory board within the meaning of the Fees and Travelling Allowances Act 1951, and every member of it is entitled to—
a: remuneration by way of fees, salary, or allowances for the member's services as a member of it:
b: payment of travelling allowances and expenses in respect of time spent travelling in its service.
3: If regulations made under subsection (1) provide for the matters described in subsection (1)(a)(ii) (relating to the Social Security Appeal Authority), regulations may—
a: provide for the function of the Benefits Review Committees in relation to appeals under this Act; and
b: require that an appeal to the Social Security Appeal Authority may not be heard until the matter has been confirmed or varied by the Benefits Review Committee. Delegations
137: Delegation of powers under this Part
1: The agency—
a: may not delegate a power under section 116(2)(b), 122(b), 123, or 127
b: may not delegate any other power under this Part, the calculation mechanism, or Schedule 3, except to a person who is—
i: an employee of the agency; or
ii: engaged by the agency under a contract for services providing for the person to exercise that power.
2: Despite subsection (1), if the agency is a department, it may delegate any power under this Part to the chief executive of another department, HNZ, or the Corporation, or to an employee of the department, in accordance with section 41 of the State Sector Act 1988.
3: A power that has been delegated in accordance with subsection (2) may, with the consent of the agency, be delegated,—
a: by the chief executive of a department, to a departmental agency or an employee of that department or departmental agency:
b: by HNZ, to the Corporation, or an employee of HNZ or the Corporation:
c: by the Corporation, to an employee of the Corporation:
d: by an employee of the agency, to another employee of the agency.
4: If the agency delegates a power under this Part, the calculation mechanism, or Schedule 3
a: the body corporate cannot subdelegate it except to a person who is an employee of the body corporate; and
b: an employee of the body corporate to whom it is subdelegated cannot subdelegate it further.
5: This section overrides section 130(1) of the Companies Act 1993. Code of conduct
138: Code of conduct applying to obtaining information under section 125
1: The agency, in consultation with the Privacy Commissioner must, within 3 months after the commencement of this section, issue a code of conduct that applies in respect of any requirement for information under section 125
2: The code of conduct—
a: must include the matters specified in section 142
b: may include restrictions on obtaining—
i: specified classes of information; and
ii: information from specified classes of persons or from persons in specified relationships; and
c: must specify procedures applying to the obtaining of information under section 125
3: The agency may from time to time, in consultation with the Privacy Commissioner, amend the code of conduct, or revoke the code of conduct and issue a new code of conduct.
4: Nothing in the code of conduct may derogate from any code of practice issued by the Privacy Commissioner under Part 6 of the Privacy Act 1993 that applies to the information required under section 125 section 140
5: As soon as practicable after issuing any code of conduct and any amendment to it under this section, the agency must arrange for it to be published on an Internet site that is publicly available at all reasonable times or published in a form that is otherwise accessible to the public.
6: The code of conduct that, before the commencement of this section, was issued under Part 5—
a: is, on the commencement of this section, deemed to be issued under this section; and
b: applies, subject to any necessary modification, in respect of any requirements for information under section 125
139: Who must comply with code of conduct
The following persons must comply with the code of conduct when requiring information under section 125
a: the agency, the chief executive of the agency (if a department), and every employee of the agency:
b: every person to whom the power to require such information has been delegated under section 137
c: every person or body corporate engaged by the agency under a contract for services providing for the person to exercise the power to require such information:
d: every employee of a person or body corporate referred to in paragraph (c).
140: Regulations authorising information to be obtained
1: The Governor-General may, on the advice of the joint Ministers given after consultation with the Privacy Commissioner, by Order in Council, make regulations authorising the agency to obtain pursuant to a requirement under section 125
a: any specified class of information; or
b: information from any specified class of persons; or
c: information in any specified manner.
2: Subsection (1) applies despite the fact that the making of that requirement under that section would otherwise be in breach of any code of practice issued by the Privacy Commissioner under Part 6 of the Privacy Act 1993.
141: Complaints
1: Any person who is required to provide any information under section 125
2: Part 8 of the Privacy Act 1993 applies to the complaint as if the code of conduct were a code of practice issued under Part 6 of the Privacy Act 1993.
142: Matters to be included in code of conduct
1: The code of conduct issued under section 138
a: provisions requiring any information to be first sought, as the case may require, except where compliance with the provision would prejudice the maintenance of the law, from—
i: the tenant or an applicable person in relation to the tenant; or
ii: the prospective tenant or the person who would be an applicable person in relation to the prospective tenant; or
iii: a former tenant:
b: provisions allowing a person referred to in paragraph (a) the time that is specified in the code to provide the information before the agency requires that information, or advice on the accuracy of that information, from another person or agency, except where compliance with such provision would prejudice the maintenance of the law:
c: a provision prohibiting a requirement under section 125 paragraph (a)
d: a provision prohibiting a requirement under section 125
e: provisions otherwise restricting requirements under section 125
2: In subsection (1)(c), reasonable cause
a: cause to suspect that the person—
i: has committed an offence under this Act; or
ii: has obtained by fraud any income-related rent or social housing; or
iii: as a result of committing fraud, pays or continues to pay an income-related rent or remains in social housing or particular social housing:
b: the fact that the person has failed, within the time specified in the code, or has refused to provide information in accordance with a requirement made to that person under a provision referred to in subsection (1)(a). 1964 No 136 s 11C Debt recovery by agency other than Ministry
143: Debt recovery by agency other than Ministry
1: If the agency is not the Ministry of Social Development, subsection (2) applies to the exercise by the agency of its power to recover debt under section 74(3), 94(2), or 127
2: The agency may not recover any sum comprising that part of the debt that was caused wholly or partly by an error to which the tenant did not intentionally contribute if—
a: the tenant acted in good faith in—
i: continuing to pay the lower income-related rent during the period to which the debt relates; or
ii: failing to advise the agency in accordance with section 115(1)
b: it would be inequitable in all the circumstances, including the tenant's financial circumstances, to permit recovery.
3: In subsection (2), error
a: any incorrect information provided to or held by the agency:
b: any erroneous act or omission of the agency that occurs during an investigation or review under this Part:
c: any other erroneous act or omission by the agency. 1964 No 136 s 86(9A), (9B)
144: Application of sections 145 to 155
Sections 145 to 155 section 74(3), 94(2), or 127 Deduction notices
145: Interpretation of deduction notice sections of this Part
In this section and in sections 146 to 155 deduction notice section 146 overdue amount
a: recoverable as a debt due to the Crown under section 74(3), 94(2), or 127(2)
b: that remains unpaid and includes any part of any amount of that kind payment
a: salary or wages:
b: a retiring allowance or pension or other payment of a similar nature:
c: a benefit:
d: weekly compensation under the Accident Compensation Act 2001:
e: a bonus or an incentive payment:
f: a commission:
g: consideration for work performed under a contract for services tenant
a: means 1 or more people to whom social housing is or was let at an income-related rent; and
b: includes any former tenant third party 1957 No 87 ss 2(1), 79
146: Deduction of overdue Crown debt
1: The agency may recover an amount as a debt due to the Crown by issuing a deduction notice in accordance with this section if any overdue amount remains unpaid, after the agency has reminded the tenant of the obligation to pay the amount and has done all it reasonably can to obtain repayment of the unpaid amount.
2: Nothing in subsection (1) requires the chief executive to take proceedings in any court to establish or recover the debt before issuing a deduction notice.
3: The deduction notice may require a third party to deduct an amount specified in the notice due from any payment that is payable or will become payable by the third party to the tenant, whether that payment will be made—
a: on the third party's own account; or
b: in the third party's capacity as an agent or a trustee; or
c: for any other reason. 1964 No 136 s 86A
147: Matters relating to deduction notice
1: The agency must specify in the deduction notice—
a: whether the deduction is to be made as a lump sum or by instalments; and
b: the time or times by which the amounts deducted must be paid to the agency; and
c: the date on which the deduction notice takes effect, being a date not earlier than 7 working days after the date on which it was issued.
2: The agency must make all reasonable efforts to give the tenant a copy of a deduction notice within 7 working days after the notice is issued.
3: A deduction notice is revoked when the agency notifies the third party in writing to that effect or issues a new deduction notice to that third party.
4: The agency—
a: may revoke a deduction notice at any time:
b: must revoke the deduction notice if satisfied that the overdue amount has been paid.
5: Every deduction notice is subject to sections 148 to 155
6: A notice under this section may be given by electronic means in accordance with Part 2 of the Electronic Transactions Act 2002.
148: Issue of deduction notice to State sector employer
In any case where a tenant is employed within a department (within the meaning of the State Sector Act 1988), a deduction notice may be issued under section 146 1964 No 136 s 86B
149: Discharge of debt
In any case where a third party deducts, under a deduction notice, any money payable to a tenant, the tenant is, to the extent of the amount deducted, discharged from his or her debt to the Crown. 1964 No 136 s 86C
150: Deduction notices issued to banks
1: Where the third party is a bank, any money held by the bank to the credit of the tenant is subject to the provisions of section 146
2: For the purposes of this section, bank
3: For the purposes of this section, money held by the bank to the credit of the tenant
a: the deposit or depositing is on current account:
b: the money is to be at interest at a fixed term or without limitation of time:
c: the tenant has made any application to withdraw or uplift the money.
4: For the purposes of this section, money on deposit with a bank is deemed to be to the credit of the tenant if the money—
a: is held in a joint bank account in the name of the tenant and 1 or more other persons; and
b: can be withdrawn from the account by or on behalf of the tenant without a signature being required at the time of that withdrawal from, or on behalf of, the other person or persons. 1964 No 136 s 86D
151: Making of deductions
1: Any person who makes a deduction under a deduction notice is deemed to be acting—
a: on the authority of the tenant and any other person concerned, and neither the tenant nor that other person has any claim against the third party or the agency or the Crown in respect of that deduction; and
b: on behalf of the agency, and, without prejudice to any other remedies against the tenant or any other person, any amount deducted must be held in trust for the Crown and is a debt due to the Crown and may be recovered by the agency in any court or tribunal of competent jurisdiction.
2: A third party must, on request, give the tenant a statement in writing of any amount deducted, and of the purpose for which the deduction was made. 1964 No 136 s 86E
152: Offences in relation to deduction notices
1: Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who—
a: fails to make any deduction required by a deduction notice; or
b: fails, after making a deduction, to pay the amount deducted to the agency within the time specified in the notice; or
c: permits payment to or on behalf of any person, other than the agency, of any amount deemed to be held in trust for the Crown under sections 150 and 151
2: Every employer commits an offence and is liable on conviction to a fine not exceeding $1,000 who dismisses an employee or alters an employee's position in the employer's business or undertaking to the employee's prejudice by reason of a deduction notice having been issued to the employer. 1957 No 87 s 106A; 1964 No 136 s 86F
153: Protected earnings
1: Despite anything in sections 146 to 151
2: For the purposes of this section, the tenant's net ordinary weekly pay for a week is the balance left after deducting from the tenant's ordinary weekly pay (as defined in section 8 of the Holidays Act 2003) the amount of tax required to be withheld or deducted in accordance with the PAYE rules of the Income Tax Act 2007 if that ordinary weekly pay were the only salary or wages paid to the tenant by the employer in respect of a week. 1964 No 136 s 86G
154: Penalty for late deductions
1: A third party is liable to pay to the agency a penalty calculated in accordance with subsection (2) if the third party fails wholly or in part to—
a: deduct the amount required by the notice; or
b: pay any amount deducted under the notice to the agency by the time specified in the notice.
2: The penalty referred to in subsection (1) must be calculated as follows:
a: on the amount in default, 10% of that amount or $5, whichever is the greater:
b: for each additional month or part of a month in which the amount in default or any part of the amount has not been deducted or, as the case may be, has not been paid to the agency, a further penalty of 2% of that amount or part of the amount or $1, whichever is the greater.
3: The agency may, in its discretion, remit the whole or part of a penalty if satisfied that the failure to make the deduction or the payment was due to circumstances reasonably beyond the third party's control, or that, in all the circumstances, the imposition of that penalty would be inequitable.
4: If the agency decides to remit the whole or part of any penalty and any amount of the penalty has been paid under this section, the agency may refund any excess.
5: An amount payable to the agency under subsection (1) is a debt due to the Crown and may be recovered by the agency in any court or tribunal of competent jurisdiction. 1964 No 136 s 86I
155: How notice may be given
1: Every notice given to any person under any of sections 146 to 154
a: in the case of a natural person (other than an officer or employee in the service of the Crown in his or her official capacity),—
i: personally; or
ii: by leaving it at that person's usual or last known place of residence or business or at the address specified by that person in any application or other document received from that person; or
iii: by posting it in a letter addressed to that person at that place of residence or business or at that address:
b: in the case of any other person, including an officer or employee in the service of the Crown in his or her official capacity,—
i: where applicable, personally; or
ii: by leaving it at that person's place of business; or
iii: by posting it in a letter addressed to that person at that place of business.
2: If any such notice is sent to any person by post, then, in the absence of evidence to the contrary, the notice is deemed to have been received by that person on the fourth day after the day on which it is posted, and, in proving the delivery, it is sufficient to prove the letter was properly addressed and posted.
3: A notice to a person under any of sections 146 to 154 1964 No 136 s 86J Transitional matters
156: Transitional arrangements for certain tenants
1: This section and Schedule 3 apply to a tenant of HNZ if, but for the provisions of that schedule,—
a: the rent that the tenant would be required to pay for the first rent period commencing on or after the appointed day— would be greater than—
b: the rent, after the deduction of any accommodation assistance (within the meaning of clause 1 of Schedule 3) to which the tenant was entitled, that the tenant was required to pay for the last rent period commencing before the appointed day.
2: Schedule 3 overrides section 104
157: Responsible department may verify entitlement
For the purposes of section 156
a: the agency may, with the consent of the applicable persons concerned, give the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Social Security Act 1964 details of—
i: those persons' assessable incomes and the components of those incomes, and their cash assets, as supplied—
A: to the company under section 43(1)
B: to the agency for the purpose of section 104(1)
ii: the weekly market rent in relation to the housing; and
iii: the dates of the beginning and end of the rent period in respect of the housing that commenced immediately prior to the appointed day; and
b: an officer or employee of the department may, on the basis of the details given under paragraph (a),—
i: certify in writing to the applicable persons the kinds of accommodation assistance (within the meaning of clause 1 of Schedule 3) they were receiving and, in respect of assistance of each kind, whether they were receiving more than their entitlement, their entitlement, or less than their entitlement immediately before the appointed day; and
ii: give the agency a copy of the certificate; and
c: the agency may rely on the certificate.
10: Regulatory authority
Preliminary provisions
158: Interpretation of terms used in this Part
In this Part, unless the context otherwise requires,— appeal body section 187 section 184 prescribed section 190 prescribed eligibility criteria section 190(1)(d) prescribed performance standards section 190(1)(e) register section 172 Appointment, objectives, functions, and operation of authority
159: Regulatory authority
1: The Governor-General may by Order in Council made on the recommendation of the joint Ministers appoint a department, any specified business unit within a department, departmental agency, or a Crown entity to perform the functions and exercise the powers of the regulatory authority under this Part.
2: If the authority is a Crown entity, then the Crown Entities Act 2004 applies to the authority except to the extent that this Act expressly provides otherwise.
160: Authority's main objectives
The authority’s main objectives are—
a: to register and regulate community housing providers, in order to ensure that their tenants are appropriately housed; and
b: to support the growth of a fair, efficient, and transparent community housing sector.
161: Authority's functions
The functions of the authority are to—
a: approve and register community housing providers in accordance with prescribed eligibility criteria and performance standards; and
b: suspend or revoke such registration where a community housing provider no longer meets the prescribed eligibility criteria and performance standards; and
c: maintain a register of registered community housing providers; and
d: recommend to the joint Ministers the making of regulations for the purposes of this Part; and
e: monitor and enforce compliance by registered community housing providers with any regulations made under this Part; and
f: comply with any directions from the joint Ministers in relation to the regulation of registered community housing providers; and
g: provide the joint Ministers with such information and reports about the carrying out of its functions under this Part as the joint Ministers may request; and
h: perform any other functions conferred on the authority by this Part.
162: Ministerial directions to authority
1: The joint Ministers and, if applicable, any other Minister responsible for the authority may give to the authority—
a: directions specifying how registered community housing providers may be eligible for the income-related rent subsidy, including,—
i: the type of housing units that may be funded through the subsidy during any specified period of time; and
ii: the number of housing units that may be funded through the subsidy during any specified period of time; and
iii: the location of housing units that may be funded through the subsidy during any specified period of time:
b: directions stating the terms and conditions on which Crown grants are to be made available to registered community housing providers:
c: directions stating the terms and conditions on which assets of the Crown or of a Crown entity are to be made available to registered community housing providers.
2: Before making any direction under this section, the joint Ministers and, if applicable, any other Minister responsible for the agency must consult—
a: the agency and the authority; and
b: any social housing provider that, in the Minister's opinion, will be materially affected by the direction.
3: The requirement in subsection (2)(b) does not apply to the first directions to be made under this section.
4: The authority 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 joint Ministers and if applicable, any other Minister responsible for the authority.
5: If the authority is a Crown entity,—
a: subsections (1) to (4) do not limit Part 3 of the Crown Entities Act 2004; and
b: if there is any inconsistency between the provisions of this Act and the Crown Entities Act 2004 in relation to a direction under this section, the provisions of the Crown Entities Act 2004 prevail.
6: As soon as practicable after giving a direction under this section, a Minister must publish it in the Gazette 2004 No 115 ss 103, 115 Registration of community housing providers
163: Application for registration
1: A community housing provider may apply to the authority to be registered under this Part.
2: An application must—
a: contain the prescribed information; and
b: be accompanied by any relevant prescribed fee.
164: Further information to be provided with registration application
1: The authority may require a community housing provider to provide any further information that the authority considers appropriate to an application for registration by that provider.
2: The authority may refuse an application for registration if the community housing provider does not provide the further information required within a reasonable time after the requirement is made.
165: Authority must decide application for registration
The authority must, as soon as practicable after receiving an application for registration that complies with section 163
a: decide whether to register the applicant; and
b: give the applicant written notice of its decision; and
c: specify in the decision the class or classes of registration that the applicant has obtained.
166: Approval of registration
1: The authority may approve a community housing provider as a registered community housing provider if the authority is satisfied that—
a: the community housing provider’s application for registration complies with this Part; and
b: any relevant prescribed fee has been paid; and
c: having regard to the prescribed eligibility criteria and any other relevant matter, registration is appropriate.
2: The authority must in approving a registered community housing provider, determine the particular class or classes of registration that the provider has obtained.
3: The authority must give effect to any approval of a community housing provider under subsection (1) by—
a: giving notice of the registration of that provider in the Gazette
b: entering that provider’s name in the register.
4: The effect of registration is that the community housing provider is, depending on the class or classes of registration it has obtained, eligible to receive any 1 or more of the following, on terms and conditions set by the joint Ministers:
a: income-related rent subsidies from the Crown:
b: Crown grants:
c: assets of the Crown, or of a Crown entity.
167: Refusal of registration
1: If the authority is not satisfied that the requirements for registration in section 166
2: The authority must give the community housing provider a written notice of the reasons for the decision to refuse to register the provider under this Part.
168: Registration continuous so long as criteria continue to be met
1: The authority must assess at least annually, and may assess at any other time, whether a registered community housing provider continues to meet the prescribed eligibility criteria and prescribed performance standards.
2: A registered community housing provider that continues to meet those criteria and standards is entitled to the continuation of its registration and any specified class of registration that it has obtained.
169: Suspension of registration
1: If, after making an assessment under section 168
a: suspend the provider’s registration until the provider satisfies the authority that it meets those criteria and standards; and
b: record the suspension in the register.
2: The authority must give the provider at least 14 days' written notice and the opportunity to be heard before suspending its registration.
3: During the period for which the provider’s registration is suspended,—
a: the provider may not take on any new tenants paying an income-related rent:
b: the provider may be paid an income-related rent subsidy:
c: the provider may not apply for any further Crown grants:
d: the provider may not apply for any further assets of the Crown or of a Crown entity.
4: If the provider does not satisfy the authority for the purposes of subsection (1)(a) within 12 months after the suspension, or any further period that the authority may determine, the authority must revoke the provider’s registration in accordance with sections 170 and 171
170: When registration may be revoked
1: The authority may revoke the registration of a community housing provider under this Part if the authority is satisfied on reasonable grounds that the provider—
a: has failed, or is failing, to meet 1 or more of the prescribed eligibility criteria; or
b: has failed, or is failing, to meet 1 or more of the prescribed performance standards; or
c: has failed, or is failing, to comply with a lawful requirement of the authority under this Part; or
d: has ceased to operate as a community housing provider; or
e: is unable to pay its debts or to continue carrying on its business.
2: The authority may revoke the registration of a community housing provider under this Part on the written request of the community housing provider.
3: The authority may revoke the registration of a community housing provider whether or not that registration has been suspended under section 169
171: Procedure for revocation
1: In any case where the authority revokes a community housing provider’s registration under section 170
a: give written notice to the provider specifying the effective date of the revocation; and
b: give notice of the revocation in the Gazette
c: remove that provider’s name from the register; and
d: give written notice to the agency of this as soon as practicable.
2: If the revocation is on any of the grounds referred to in section 170(1)
a: give the provider at least 14 days' written notice and the opportunity to be heard before revoking the registration; and
b: give the provider a written notice of reasons for the decision.
3: The effect of revocation is that the provider is no longer eligible to receive any benefits associated with any specified class or classes of registration that the provider has obtained, and those benefits may, without limitation, include income-related rent subsidies, Crown grants, or assets of the Crown or of a Crown entity.
172: Register of community housing providers
The authority must establish and maintain a register of community housing providers that includes the following information about each registered provider:
a: the current (and any former) full name and address and incorporation details (if applicable) of the provider; and
b: the full names and addresses and appointment details of the current (and former) members of its governing body (if applicable); and
c: the full details of any land in respect of which the provider is or was a registered proprietor, or over which it holds or has held a lease, tenancy agreement, or licence of more than 3 years' duration, or at which it provides or has provided community housing services to the public; and
d: its registration details as a registered community housing provider; and
e: any prescribed information or documents.
173: Certain community housing providers deemed to be registered
1: A community housing provider that on the date of commencement of this section ( commencement date
2: A community housing provider may choose not to be a deemed registered community housing provider by notifying the authority.
3: To avoid doubt, this section does not affect a community housing provider's right to receive Crown grants under the agreement referred to in subsection (1). Provisions relating to registered community housing providers
174: Authority to monitor registered community housing providers
The authority—
a: must monitor the compliance of registered community housing providers with the prescribed eligibility criteria and prescribed performance standards; and
b: may require persons to supply information or produce documents for that purpose under section 178
175: Reporting requirements of registered community housing providers
1: A registered community housing provider must provide reports on its operations to the authority—
a: annually in accordance with section 176
b: at any other time as required by the authority.
2: A report must be in the form approved by the authority.
176: Annual reports provided by registered community housing providers
1: The reports to be provided annually by a registered community housing provider must include—
a: a report setting out its performance against the prescribed performance standards; and
b: a report containing its financial statements and accounts in accordance with a direction from the authority under this section; and
c: any other reports that the authority may require.
2: The authority may give directions in relation to the contents of financial statements and accounts to be provided by registered community housing providers.
3: The authority must publish a direction under this section in the Gazette
4: Reports must be provided to the authority in each year not more than 28 days after the annual general meeting of the registered community housing provider.
177: Complaints about registered community housing providers
1: Any person may complain to the authority alleging that a registered community housing provider has failed, or is failing, to meet prescribed eligibility criteria or prescribed performance standards.
2: As soon as practicable after receiving a complaint, the authority must—
a: inform the registered community housing provider concerned of the complaint; and
b: decide whether to accept or decline the complaint.
3: The authority must, immediately after making a decision under subsection (2),—
a: give written notice of the decision to the person who made the complaint and the registered community housing provider concerned; and
b: if the authority decides to accept the complaint, proceed to investigate the complaint.
4: The authority may decline to accept, and is not required to investigate, a complaint that it considers vexatious or frivolous.
5: Nothing in this section affects the rights and obligations of community housing providers and their tenants under the Residential Tenancies Act 1986.
178: Authority may require person to supply information or produce documents
1: If the authority considers it necessary or desirable for the purposes of performing or exercising its functions, powers, or duties under this Act, the authority may, by written notice served on any person, require the person—
a: to supply to the authority, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
b: to produce to the authority, or to a specified person named in the notice, any document or class of documents specified in the notice (within the time and in the manner specified in the notice); or
c: if necessary, to reproduce, or assist in reproducing, in usable form, information recorded or stored in any document or class of documents specified in the notice (within the time and in the manner specified in the notice).
2: Information supplied in response to a notice under subsection (1)(a) must be—
a: given in writing; and
b: signed in the manner specified in the notice.
3: If a document is provided in response to a notice under subsection (1), the authority, or the specified person to whom the document is produced, may—
a: inspect and make records of that document; and
b: take copies of the document or extracts from the document.
4: In this section, specified person
a: an employee of the authority; or
b: another person to whom the authority has delegated the power to receive the relevant information. Intervention powers in respect of registered community housing providers
179: Use of intervention powers by authority
1: The intervention powers of the authority under this Part may be used only in relation to a registered community housing provider that has obtained a class of registration that qualifies the provider as being eligible to receive Crown grants or assets of the Crown or of a Crown entity.
2: The authority may use its intervention powers in relation to a registered community housing provider referred to in subsection (1) if—
a: there has been a failure by the provider to meet the prescribed eligibility criteria or prescribed performance standards; or
b: the provider fails to comply with a legal requirement or direction given by the authority; or
c: as a result of a change to the constitution or rules of the provider, or to the business activities carried on by the provider, the authority believes that the ability of the provider to do either or both of the following things is, or will be, adversely affected:
i: comply with the prescribed eligibility criteria and prescribed performance standards:
ii: provide social rental housing or affordable rental housing to people.
3: The authority must not exercise a power under this Part unless it is satisfied that the exercise of the power—
a: is appropriate in the circumstances; and
b: accords with guidelines established under subsection (4).
4: The joint Ministers must establish guidelines for the exercise of the authority's powers under this Part.
5: Guidelines established under subsection (4) must be published in the Gazette
6: The authority must make a copy of the current guidelines available to each registered community housing provider.
180: Authority may appoint to governing body of registered community housing provider
1: The authority, after consulting the governing body of a registered community housing provider and considering any nominations made by that governing body, may appoint 1 or more persons, whom the authority considers to be appropriately qualified, to that governing body.
2: The appointment may be in place of 1 or more existing members of the governing body or in addition to the existing members of the governing body.
3: If the appointment is in place of an existing member, the governing body must terminate the existing member's appointment.
4: An appointment or termination under this section has effect as if made in accordance with the constitution or rules of the registered community housing provider.
5: This section applies despite anything to the contrary in the constitution or rules of the registered community housing provider.
6: No appointment may be made to a governing body under this section that would result in the proportion of members appointed by the authority being greater than that of a minority.
181: Authority may give binding instructions to registered community housing provider
1: The authority may, after consultation with the governing body of a registered community housing provider, give binding instructions to the registered community housing provider or the members of its governing body.
2: The instructions may relate to—
a: the entering by the registered community housing provider into arrangements that the authority considers appropriate with 1 or more other registered community housing providers:
b: the appointment of an administrator to control and direct the registered community housing provider:
c: any other matter relating to the registered community housing provider that the authority thinks fit.
3: The instructions may specify—
a: the time within which a matter referred to in subsection (2) must be complied with; and
b: conditions to which that matter is subject, including a requirement for prior approval of the authority.
4: In giving an instruction or an approval under this section, the authority must have regard to the interests of the tenants of the registered community housing provider.
5: A registered community housing provider must comply with an instruction given to it under this section.
6: A member of the governing body of a registered community housing provider must comply with an instruction given to the members of the governing body under this section.
7: The authority may give more than 1 set of instructions to a registered community housing provider in relation to the same matter. Other reporting
182: Reporting obligations
The joint Ministers may, by notice to the authority, request that the authority inquire into, and report on, any matter relating to the community housing sector. Appeals
183: Rights of appeal
This section and sections 184 to 188
a: relating to the registration (including eligibility for registration) of a community housing provider:
b: appointing a person to the governing body of a registered community housing provider under section 180
c: giving binding instructions to a registered community housing provider under section 181
184: Community housing provider may appeal
A community housing provider may, in accordance with regulations made under section 187 section 183
a: has confirmed it (whether as originally made or as varied) under the process for the time being established by the authority to review such decisions; or
b: has no such process for the time being established.
185: Powers of appeal body
1: In determining the appeal, the appeal body has all the powers, duties, functions, and discretions the authority had in relation to the matter concerned and may—
a: confirm, modify, or reverse the decision of the authority or any part of it; or
b: refer all or any part of the matter back to the authority for further consideration, together with—
i: any directions it thinks just relating to the reconsideration; and
ii: a written statement of its reasons for doing so.
2: Without limiting subsection (1), the appeal body may make an order requiring an entity—
a: to be registered in the register with effect from a specified date; or
b: to be restored to the register with effect from a specified date; or
c: to be removed from the register with effect from a specified date; or
d: to remain registered in the register.
3: The specified date may be a date that is before or after the order is made.
4: The appeal body may make any other order it thinks fit.
5: An order may be subject to any terms or conditions that the appeal body thinks fit.
6: The appeal body—
a: may award costs against the authority in respect of any appeal if—
i: it is allowed in whole or in part; or
ii: all or any part of the matter is referred back to the authority for further consideration; and
b: may award costs against the appellant in respect of any appeal that is refused, if the appeal body believes that the appeal was frivolous or vexatious, or should not have been brought.
7: Subject to section 188
186: Where appeal body established by regulations
If regulations under section 187(1)(a) sections 183 to 188
a: within 14 days after the date of the determination, the appellant must—
i: lodge a notice of appeal with the court; and
ii: give a copy of the notice to every other party to the appeal:
b: the court or a Judge may, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this section for the lodging of a notice of appeal:
c: except as provided by this section, the case must be dealt with in accordance with the rules of the District Court.
187: Regulations relating to appeals
1: The Governor-General may, by Order in Council, make regulations—
a: establishing a body to dispose of appeals under section 184
b: providing that such appeals are to be made to a District Court, and providing that the District Courts Act 1947 and the rules of the District Court apply, with or without modification, to the hearing and disposal of appeals.
2: Any body established under subsection (1)(a) is a statutory board within the meaning of the Fees and Travelling Allowances Act 1951, and every member of it is entitled to—
a: remuneration by way of fees, salary, or allowances for the member's services as a member of it:
b: payment of travelling allowances and expenses in respect of time spent travelling in its service.
188: Appeal body may make interim order pending determination of appeal
1: At any time before the final determination of an appeal, the appeal body may make an interim order requiring an entity—
a: to be registered in the register from a specified date; or
b: to be restored to the register with effect from a specified date; or
c: to be removed from the register with effect from a specified date; or
d: to remain registered in the register.
2: The specified date may be a date that is before or after the order is made.
3: An interim order may be subject to any terms or conditions that the appeal body thinks fit.
4: If the appeal body refuses to make an interim order, the person or persons who applied for the order may, within 1 month after the date of the refusal, appeal to the High Court against the decision.
5: If an interim order is made under subsection (1), the authority must—
a: amend the register in accordance with the order as soon as is reasonably practicable after receiving the order; and
b: include a copy of the order in the register, unless the appeal body orders otherwise.
6: To enable the authority to fulfil the duties imposed by this section, the Registrar of the appeal body in which the interim order is made must send a copy of the order to the authority as soon as practicable.
189: Delegation of powers under this Part
1: The authority may not delegate a power under this Part, except to—
a: an employee of the authority; or
b: a person engaged by the authority under a contract for services providing for the person to exercise that power.
2: Despite subsection (1), if the authority is a department it may, in accordance with section 41 of the State Sector Act 1988, delegate any power under this Part to the chief executive of another department, or to an employee of the department.
3: A power delegated by the authority in accordance with subsection (1) or (2) may, with the consent of the authority, be further delegated,—
a: by the chief executive of a department or departmental agency, to an employee of that department or departmental agency; or
b: by an employee of the authority, to another employee of the authority.
4: If the authority delegates a power under this Part to a body corporate engaged by the authority under a contract for services,—
a: the body corporate cannot subdelegate it except to a person who is an employee of the body corporate; and
b: an employee of the body corporate to whom it is subdelegated cannot subdelegate it further.
5: This section overrides section 130(1) of the Companies Act 1993. Regulations under this Part
190: Regulations relating to community housing providers
1: The Governor-General may, by Order in Council made on the recommendation of the joint Ministers, make regulations for all or any of the following purposes:
a: providing for the way in which applications for registration as a community housing provider must be made or the information that those applications must contain:
b: in relation to the registration of community housing providers, specify different classes of registration for different purposes, including for the purposes of receiving—
i: income-related rent subsidies from the Crown:
ii: Crown grants:
iii: assets of the Crown or of a Crown entity:
c: specifying any relevant fee that applies to applications or the method by which it may be calculated:
d: prescribing the eligibility criteria that must be met to be registered or to obtain registration of a specified class, including—
i: financial viability requirements; and
ii: requirements related to organisational capacity and capability:
e: prescribing the performance standards that must continue to be met to maintain registration or to maintain registration of a specified class, including matters that relate to—
i: governance and management:
ii: financial viability:
iii: tenancy management:
iv: asset and property management:
f: prescribing procedures, requirements, and other matters for the register of community housing providers established and maintained under section 172
i: the operation of the register:
ii: the form of the register:
iii: the information and documents that must be included on the register:
iv: access to the register:
v: the location of, and hours of access to, the register:
vi: search criteria for the register:
g: specifying—
i: the information that must be provided by persons who make complaints against a registered community housing provider; and
ii: the way in which that information must be evaluated; and
iii: the way in which decisions on whether to proceed with the complaint must be made and implemented:
h: specifying the date on which (in accordance with this Part, the calculation mechanism, and the terms of the contracts between the authority and registered community housing providers)—
i: the income-related rent subsidy will become available to some or all registered community housing providers; and
ii: an income-related rent will be available to some or all tenants of registered community housing providers:
i: specifying the type or types of registered community housing providers to whom the income-related subsidy may or may not be made available:
j: providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
2: Any fee prescribed under subsection (1)(c) must be reasonable, having regard to the need to recover the costs incurred by the authority in performing its functions under this Part.
191: Consultation requirements for making regulations
1: Before making a recommendation for the making of an Order in Council under section 190
2: The authority must do everything reasonably practicable to consult with the persons or organisations that appear to the authority to be representative of the interests of persons likely to be substantially affected by the making of the relevant order.
3: The process for consultation must, to the extent practicable in the circumstances, include—
a: giving adequate and appropriate notice of the intention to make the order; and
b: giving a reasonable opportunity for interested persons to make submissions; and
c: adequate and appropriate consideration of submissions.
4: A failure to comply with this section does not affect the validity of any Order in Council made. Notice
192: How notice may be given
1: Every notice given to any person under this Part may be given by delivering it to that person,—
a: in the case of a natural person (other than an officer or employee in the service of the Crown in his or her official capacity),—
i: personally; or
ii: by leaving it at that person's usual or last known place of residence or business or at the address specified by that person in any application or other document received from that person; or
iii: by posting it in a letter addressed to that person at that place of residence or business or at that address; or
iv: by an electronic means of communication to that person that complies with Part 2 of the Electronic Transactions Act 2002:
b: in the case of any other person, including an officer or employee in the service of the Crown in his or her official capacity,—
i: where applicable, personally; or
ii: by leaving it at that person's place of business; or
iii: by posting it in a letter addressed to that person at that place of business; or
iv: by an electronic means of communication to that person that complies with Part 2 of the Electronic Transactions Act 2002.
2: If any such notice is sent to any person by post, then, in the absence of evidence to the contrary, the notice is deemed to have been received by that person on the fourth day after the day on which it is posted, and, in proving the delivery, it is sufficient to prove the letter was properly addressed and posted.
22: Part 5 repealed
Part 5 OIC SR 2013/480 2014-04-14 Housing Restructuring and Tenancy Matters Act 1992 Part 7 comes into force on 14 April 2014
23: Schedule 2 amended
1: In Schedule 2 section 46(2) section 107(2)
2: In Schedule 2 sections 46(2)(c) and 46(3)(b) sections 107(2)(c) and 107(3)(b)
3: In Schedule 2 sections 46(2)(c)(ii) and 46(3)(b)(ii) sections 107(2)(c)(ii) and 107(3)(b)(ii)
4: In Schedule 2 section 46(3)(a) section 107(3)(a)
5: In Schedule 2 HNZ social
6: In Schedule 2 the company's the agency's
7: In Schedule 2 section 48(2) section 109(2)
8: In Schedule 2 HNZ social
9: In Schedule 2 section 49(1)(a) section 110(1)(a)
10: In Schedule 2 the Corporation Accident Compensation Corporation
11: In Schedule 2 section 49(1)(b) section 110(1)(b)
12: In Schedule 2 HNZ social
13: In Schedule 2 section 50(2) section 111(2)
14: In Schedule 2 section 52 section 113
24: Schedule 3 amended (Transitional matters)
1: In the Schedule 3 Transitional matters relating to certain HNZ tenants
2: In Schedule 3 affected tenant section 54(1) section 156(1)
3: In Schedule 3 calculation mechanism (capped at the market rent for the housing)
4: In Schedule 3 calculation mechanism (capped at the market rent for the housing)
5: In Schedule 3 company agency
6: In Schedule 3 section 57 section 116
7: In Schedule 3 calculation mechanism (capped at the market rent for the housing)
8: In Schedule 3 section 55 section 157
9: In Schedule 3 company agency
10: In Schedule 3 section 57 section 116
11: In Schedule 3 replacement HNZ housing replacement social housing
12: In Schedule 3 replacement HNZ housing replacement social housing Consequential amendments
25: Consequential amendments to enactments
The enactments specified in Schedule 1 OIC SR 2013/480 2014-04-14 Housing Corporation Act 1974 Legal Services Act 2011 Privacy Act 1993 Residential Tenancies Act 1986 Social Security Act 1964
26: New Schedule 4 inserted
After Schedule 3 Schedule 2 |
DLM4088202 | 2013 | Administration of Community Sentences and Orders Act 2013 | 1: Title
This Act is the Administration of Community Sentences and Orders Act 2013.
2: Commencement
1: This Act, other than Parts 1 2 section 38 section 43 section 80ZGD sections 45(1) 58
2: Part 1 Part 2 section 38 section 43 section 80ZGD section 58
3: Section 45(1)
1: Amendments to Bail Act 2000
3: Principal Act amended
This Part amends the Bail Act 2000 2013-10-23 Bail Act 2000 refer to section 2(2)
4: Exercise of discretion when considering bail pending appeal
Section 14(1) or subject to a sentence of home detention is in custody
2: Amendments to Bail Act 2000 (as amended by Bail Amendment Act 2011)
5: Principal Act amended
This Part Bail Act 2000 Bail Amendment Act 2011 2013-10-23 Bail Act 2000 refer to section 2(2)
6: Granting of bail to appellant in custody pending appeal to District Court presided over by District Court Judge
1: The heading to section 53 or on home detention custody
2: Section 53
1: This section applies if a person—
a: is in custody under a conviction or sentence, or is subject to a sentence of home detention; and
b: is appealing the conviction or sentence, or both, to a District Court presided over by a District Court Judge.
3: Section 53(2) , or is subject to a sentence of home detention, custody
4: Section 53(4) 34 35
5: Section 53
6: For the purposes of this section,—
a: an appellant is not deemed to be in custody only under the conviction to which the appeal relates if a direction has been given under section 83 of the Sentencing Act 2002 that another sentence or term of imprisonment is to follow the sentence imposed on that conviction, and the appellant has not appealed against the conviction in respect of which that other sentence or term was imposed; and
b: an appellant is not deemed to be subject to a sentence of home detention only under the conviction to which the appeal relates if a direction has been given under section 80B of the Sentencing Act 2002 that another sentence of home detention is to follow the sentence imposed on that conviction, and the appellant has not appealed against the conviction in respect of which that other sentence was imposed.
7: Granting of bail to appellant in custody pending appeal to High Court
1: The heading to section 54 or on home detention custody
2: Section 54
1: This section applies if a person—
a: is in custody under a conviction or is subject to a sentence of home detention; and
b: is appealing the conviction or sentence, or both, to the High Court.
3: Section 54(2) , or is subject to a sentence of home detention, custody
4: Section 54
6: Section 53(6)
8: Granting of bail to appellant in custody pending appeal to Court of Appeal or Supreme Court
1: The heading to section 55 or on home detention custody
2: Section 55
1: This section applies if a person—
a: is in custody under a conviction or is subject to a sentence of home detention; and
b: is appealing the conviction or sentence, or both, to the Court of Appeal or the Supreme Court.
3: Section 55(2) , or is subject to a sentence of home detention, custody
4: Section 55
4: Section 53(6)
9: New section 58 substituted
Section 58
58: Time on bail pending appeal not to be taken as time served
1: Section 95 of the Parole Act 2002 applies if an appellant is released on bail pending an appeal.
2: For the purpose of calculating how much time an offender who is subject to a sentence of home detention has served, time ceases to run on the sentence during any period in which the offender is released on bail pending an appeal.
10: Surrender of appellant released on bail
1: The heading to section 59 from sentence of imprisonment
2: Section 59(1) defendant appellant
3: Section 59(2) a defendant an appellant
11: New section 60 inserted
The following section is inserted after section 59
60: Surrender of appellant released on bail from sentence of home detention
1: An appellant who has been released from a sentence of home detention on bail pending the hearing of an appeal may surrender himself or herself and apply to a District Court Judge for the discharge of bail, and the District Court Judge may order that the appellant resume serving the sentence of home detention.
2: If an appellant applies for the discharge of bail under subsection (1)
a: if the appellant has been on bail for longer than 2 months, adjourn the matter to enable a probation officer to obtain the information required under subsection (3)
b: either—
i: remand the appellant in custody; or
ii: grant the appellant bail for the period of the adjournment.
3: Before ordering that an appellant resume serving a sentence of home detention under subsection (1)
a: whether the home detention residence is still available and suitable; and
b: whether every relevant occupant (as defined in section 26A(4)(a) of the Sentencing Act 2002) of the home detention residence consents, in accordance with section 26A(3)(d) of the Sentencing Act 2002, to the appellant resuming the sentence at the home detention residence.
4: If a District Court Judge orders that the appellant resume serving the sentence of home detention,—
a: the appellant must go to and remain at the home detention residence unless absent in accordance with section 80C(3)(a) or (b) of the Sentencing Act 2002; and
b: the sentence of home detention resumes when the appellant has arrived at the home detention residence under paragraph (a)
3: Amendments to Sentencing Act 2002
12: Principal Act amended
This Part amends the Sentencing Act 2002 2014-01-22 Sentencing Act 2002 refer to section 2(1), (2), and (3)
13: New section 20A inserted
The following section is inserted after section 20
20A: Subsequent community-based sentence or sentence of home detention
1: This section applies to an offender who, while serving a community-based sentence or sentence of home detention (the first sentence second sentence
2: The court must, when imposing the second sentence,—
a: impose a sentence that would be permitted in combination with the first sentence under section 19; or
b: defer the commencement of the second sentence until the first sentence has been served; or
c: cancel the first sentence; or
d: cancel the first sentence and substitute any other sentence that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed so that the sentences are a permitted combination of sentences under section 19.
3: When cancelling the first sentence under subsection (2)(c) or (d), the court must, when imposing the second sentence or substituting the first sentence with another sentence, as the case may be, take into account the portion of the first sentence that remains unserved.
4: A court—
a: must not cancel a first sentence under subsection (2)(c) or (d) if that sentence has been imposed by a higher court; and
b: if it considers the first sentence should be cancelled, must refer the matter to the court that imposed the first sentence.
5: For the purposes of this section, an offender is to be treated as serving a sentence of home detention until the offender is no longer subject to any post-detention conditions imposed under section 80N (if any).
6: Sections 54, 54K, 68, 69I, and 80F (which relate to the variation or cancellation of community-based sentences and a sentence of home detention) do not apply to a cancellation under this section.
7: If the second sentence is a sentence of home detention or community detention and the court defers, under subsection (2)(b), the commencement of that sentence for more than 2 months, a probation officer must—
a: review the suitability of the home detention residence or curfew address; and
b: ensure every relevant occupant consents, in accordance with section 26A(3), to the offender resuming the sentence at the home detention residence or curfew address; and
c: if necessary, apply to the court for a variation or cancellation of the sentence under section 69I or 80F or obtain from the chief executive of the Department of Corrections a variation of the curfew address or home detention residence under section 69JA or 80FA.
8: In this section, relevant occupant
14: Effect of provisions concerning multiple sentences on powers of court
Section 21 sections 19 and 20 sections 19, 20, and 20A
15: Pre-sentence reports
Section 26
1: Except as provided in section 26A, if an offender who is charged with an offence punishable by imprisonment is found guilty or pleads guilty, the court may direct a probation officer to prepare a report for the court in accordance with subsection (2).
16: Additional requirements when considering sentence of community detention or home detention
1: The heading to section 26A Additional requirements Pre-sentence reports
2: Section 26A
1: If the court is considering a sentence of community detention or home detention, the court must direct a probation officer to prepare a pre-sentence report for the court in accordance with subsection (2).
1A: If a probation officer intends to recommend to the court a sentence of community detention or home detention, the probation officer must prepare a pre-sentence report in accordance with subsection (2) and provide it to the court.
3: Section 26A(2) subsection (1) applies subsection (1) or (1A) applies
4: Section 26A
5: Section 26(3), (4), and (5) apply, with any necessary modifications, to a report prepared under this section.
17: Standard conditions of supervision
Section 49(1)
a: the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable and not later than 72 hours after the sentence is imposed unless the start date of the sentence has been deferred under section 20A(2)(b), in which case the offender must report not later than 72 hours after that date:
18: New section 54AA inserted
The following section is inserted after section 54
54AA: When time ceases to run on sentence of supervision
For the purpose of calculating how much time an offender has served on a sentence of supervision,—
a: time ceases to run on the sentence during any period between the date on which an application under section 54(1)(a) is lodged and the date on which the application is determined by the court; but
b: some or all of the period between those dates may be regarded by the court as time served, as the court thinks appropriate in the circumstances, after taking into account—
i: the extent (if any) to which the offender has complied with any conditions of the sentence; and
ii: the amount of time (if any) that the offender has spent in custody.
19: Standard conditions of intensive supervision
Section 54F(1)
a: the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable and not later than 72 hours after the sentence is imposed unless the start date of the sentence has been deferred under section 20A(2)(b), in which case the offender must report not later than 72 hours after that date:
20: New section 54KA inserted
The following section is inserted after section 54K
54KA: When time ceases to run on sentence of intensive supervision
For the purpose of calculating how much time the offender has served on a sentence of intensive supervision,—
a: time ceases to run on the sentence during any period between the date on which an application under section 54K(1)(a) is lodged and the date on which the application is determined by the court; but
b: some or all of the period between those dates may be regarded by the court as time served, as the court thinks appropriate in the circumstances, after taking into account—
i: the extent (if any) to which the offender has complied with any conditions of the sentence; and
ii: the amount of time (if any) that the offender has spent in custody.
21: Concurrent and cumulative sentences of community work
Section 57(2A) or concurrently cumulatively
22: Offender must report to probation officer
Section 59(a) or, if the start date of the sentence has been deferred under section 20A(2)(b) or 57A, within 72 hours of the specified start date imposed
23: New section 66A substituted
Sections 66A 66B
66A: Probation officer may direct hours of work to be converted to training
1: This section applies to sentences of community work of at least 80 hours.
2: A probation officer may direct that a specified number of hours of work, not exceeding 20% of the total number of hours of work ordered by the court to be undertaken, be spent in training in basic work and living skills.
3: In determining whether to give a direction under this section, the probation officer must take account of—
a: the benefits of skill development to the offender for reducing the likelihood of reoffending; and
b: the need to hold the offender accountable to the community by making compensation to it.
4: A probation officer must not give a direction under this section unless—
a: it is reasonably practicable for the offender to undertake training in basic work and living skills (having regard to the availability of that training in the place where the offender lives); and
b: the offender consents to undertake that training.
5: Any hours spent by the offender training in basic work and living skills under a direction given under this section must, for all legal purposes, be treated as hours of authorised community work undertaken by the offender under his or her sentence.
6: Subsection (5) is subject to section 66C.
24: Consequences of failing without excuse to complete training
Section 66C section 66B section 66A
25: Guidance on use of sentence of community detention
Section 69C
3: Before imposing a sentence of community detention on an offender, a court must consider the pre-sentence report prepared by a probation officer in accordance with section 26A.
26: Conditions of community detention during sentence term
1: Section 69E(1)
b: the offender must report in person to a probation officer in the probation area in which the offender resides—
i: as soon as practicable and not later than 24 hours after the sentence is imposed unless the 24 hours elapses on a weekend or a public holiday, in which case the offender must report on the next working day; or
ii: not later than 24 hours after the start date of the sentence if the sentence has been deferred under section 20A(2)(b) unless the 24 hours elapses on a weekend or a public holiday, in which case the offender must report on the next working day:
2: Section 69E(1)
f: the offender must, if required to submit to the electronic monitoring of his or her sentence, remain during the curfew period within the area defined by the probation officer.
3: Section 69E
3A: A probation officer must define the area within which an offender subject to electronic monitoring is required to remain at the curfew address during the curfew period and show that area to the offender and advise the relevant occupants (as defined in section 26A(4)(b)) of that area.
27: Variation or cancellation of sentence of community detention
Section 69I
3A: When an application is made under this section for variation of conditions on the ground specified in subsection (1)(b) and there is no suitable alternative curfew address available, the court may do either or both of the following things:
a: issue to a constable a warrant for the offender's arrest:
b: bail the offender or remand the offender in custody if the application cannot be determined immediately.
28: New section 69IA inserted
The following section is inserted after section 69I
69IA: When time ceases to run on sentence of community detention
For the purpose of calculating how much time an offender has served on a sentence of community detention,—
a: time ceases to run on the sentence during any period between the date on which an application under section 69I(1)(a) is lodged and the date on which the application is determined by the court; but
b: some or all of the period between those dates may be regarded by the court as time served, as the court thinks appropriate in the circumstances, after taking into account—
i: the extent (if any) to which the offender has complied with any conditions of the sentence; and
ii: the amount of time (if any) that the offender has spent in custody.
29: New section 69JA inserted
The following section is inserted after section 69J
69JA: Chief executive of Department of Corrections may vary offender's curfew address
1: The chief executive of the Department of Corrections may vary an offender's curfew address if—
a: the curfew address is no longer available or suitable because of a change in circumstances; and
b: an alternative address is suitable; and
c: every relevant occupant (as defined in section 26A(4)(b)) at the alternative address has given their informed consent to the offender remaining at that address during the curfew period; and
d: the alternative address is in an area in which a community detention scheme is administered by the Department of Corrections; and
e: the offender has given written consent to the change in address.
2: A probation officer may, subject to subsection (3), approve a provisional curfew address at which the offender must remain during the curfew period pending a decision by the chief executive under subsection (1).
3: If the chief executive does not vary a curfew address within 10 days after a provisional curfew address is approved under subsection (2)
a: a probation officer must approve another provisional curfew address at which the offender must remain during the curfew period pending a decision by the chief executive under subsection (1)
b: a probation officer must apply to the court for an order under section 69I(3) subsection (2)
4: If the chief executive does not vary a curfew address within 10 days after the probation officer has approved a provisional curfew address under subsection (3)(a)
a: the probation officer must apply to the court for an order under section 69I(3)
b: the offender must, unless the probation officer directs otherwise, remain at the provisional curfew address approved under subsection (3)(a)
30: Section 69K repealed
Section 69K
31: Jurisdiction and procedure
1: Section 72(1)
c: to a District Court presided over by a Judge or Community Magistrate if the sentence was imposed by a Community Magistrate; or
d: to a District Court presided over by any Judge, in any other case.
2: Section 72
3: If an application under section 54, 54K, 68, or 69I has been lodged in a court by a probation officer, a probation officer or a constable may, for the purpose of having the offender brought before the court dealing with the application, apply to a court or a Registrar for the issue of a warrant to arrest the offender and the court or Registrar may issue a warrant for arrest.
32: Commencement of community-based sentences
1: Section 75(2)(a) this section and subject to
2: Section 75
3: If a community-based sentence is imposed as a second sentence and deferred under section 20A(2)(b),—
a: the community-based sentence commences on the date that the first sentence is completed; or
b: if the offender is subject to post-detention conditions imposed in respect of the first sentence, the community-based sentence commences on the date that the offender is no longer subject to those conditions.
33: Sentence of home detention
Section 80A
2A: Before imposing a sentence of home detention on an offender, a court must consider the pre-sentence report prepared by a probation officer in accordance with section 26A.
34: Detention conditions applying to offender sentenced to home detention
1: Section 80C(2)
da: the offender must, if required to submit to the electronic monitoring of his or her sentence, remain within the area defined by the probation officer; and
2: Section 80C
5A: A probation officer must define the area within which an offender subject to electronic monitoring is required to remain at the home detention residence and show that area to the offender and advise the relevant occupants (as defined in section 26A(4)(a)) of that area.
35: Application for variation or cancellation of sentence of home detention
Section 80F
4A: When an application is made under this section for variation of conditions on the ground specified in subsection (1)(c) and there is no suitable alternative residence available, the court may do either or both of the following things:
a: issue to a constable a warrant for the offender's arrest:
b: bail the offender or remand the offender in custody if the application cannot be determined immediately.
36: New section 80FA inserted
The following section is inserted after section 80F
80FA: Chief executive of Department of Corrections may vary offender's home detention address
1: The chief executive of the Department of Corrections may vary an offender's home detention address if—
a: the home detention address is no longer available or suitable because of a change in circumstances; and
b: an alternative address is suitable; and
c: every relevant occupant (as defined in section 26A(4)(a)) at the alternative address has given their informed consent to the offender remaining at that address while serving his or her home detention sentence; and
d: the alternative address is in an area in which a home detention scheme is administered by the Department of Corrections; and
e: the offender has given written consent to the change in address.
2: A probation officer may, subject to subsection (3), approve a provisional home detention address at which the offender must remain pending a decision by the chief executive under subsection (1).
3: If the chief executive does not vary a home detention address within 10 working days after a provisional home detention address is approved under subsection (2)
a: the probation officer must approve another provisional home detention address at which the offender must remain pending a decision by the chief executive under subsection (1)
b: the probation officer must apply to the court for an order under section 80F(4) at the earliest opportunity and the offender must, unless the probation officer directs otherwise, remain at the provisional home detention address approved under subsection (2)
4: If the chief executive does not vary a home detention address within 10 days after the probation officer has approved a provisional home detention address under subsection (3)(a)
a: the probation officer must apply to the court for an order under section 80F(4) at the earliest opportunity; and
b: the offender must, unless the probation officer directs otherwise, remain at the provisional home detention address approved under subsection (3)(a)
37: Section 80H repealed
Section 80H
38: New section 80MA inserted
The following section is inserted after section 80M
80MA: Registrar must notify controlling officer and offender of resumption of sentence
If the outcome of an offender's appeal against a sentence of home detention is unsuccessful and the offender has been granted bail under section 53, 54, or 55 of the Bail Act 2000, the Registrar of the appeal court must—
a: notify the controlling officer (within the meaning of section 27 of the Corrections Act 2004) of the probation area in which the sentence is to be served of the date on which the sentence is to resume; and
b: notify the offender of that date if he or she is not present in court at the time the appeal is disposed of. 2013-10-23 Sentencing Act 2002 refer to section 2(2)
39: Imposition of post-detention conditions on offender
1: Section 80N(2)(a) and 80U 80U, and 80ZG
2: Section 80N
6: If the court imposes a home detention sentence cumulatively on an existing sentence, or imposes a concurrent sentence of home detention, any post-detention conditions imposed with the first home detention sentence commence only after both sentences have been completed.
40: Offence to breach detention conditions
Section 80S
b: fails to return to a home detention residence when required to do so under section 80ZG(6)(b); or
c: fails to report when required to do so under section 80ZGC(3)(a) or 80ZGD(2).
41: Commencement of sentence of home detention
1: Section 80X(1) section 80W section 20A(2)(b) or 80W
2: Section 80X(3) section 80W section 20A(2)(b) or 80W
42: Time ceases to run in certain circumstances
Section 80ZB
80ZB: Time ceases to run in certain circumstances
For the purpose of calculating how much time an offender who is subject to a sentence of home detention has served,—
a: time ceases to run on the sentence during any period between the date on which an application under section 80F(1)(a) is lodged and the date on which the application is determined by the court; but
b: some or all of the period between those dates may be regarded by the court as time served, as the court thinks appropriate in the circumstances, after taking into account—
i: the extent (if any) to which the offender has complied with any detention conditions; and
ii: the amount of time (if any) that the offender has spent in custody.
43: New sections 80ZG to 80ZGD substituted
Section 80ZG
80ZG: Effect of subsequent sentence of imprisonment of not more than 12 months
1: This section applies if an offender who is subject to a sentence of home detention is subsequently sentenced to—
a: a term of imprisonment of not more than 12 months; or
b: 2 or more terms of imprisonment to be served concurrently, the total term of which is not more than 12 months; or
c: 2 or more terms of imprisonment that are cumulative, the total term of which is not more than 12 months.
2: If this section applies, the court must either—
a: order that the sentence of home detention be suspended; or
b: order that the sentence of home detention be suspended for the duration of the period in which the offender is detained under the sentence or sentences of imprisonment.
3: If the court suspends the sentence of home detention under subsection (2)(b), it may, if it thinks fit and subject to subsection (4), remit, suspend, or vary any detention or post-detention conditions of the sentence imposed by the court, or impose additional detention or post-detention conditions.
4: The court may not impose post-detention conditions on an offender under subsection (3) unless the court that sentenced the offender to home detention imposed post-detention conditions.
5: The court must not vary any existing detention or post-detention condition or impose any new detention or post-detention condition of a kind referred to in section 80D(4)(b) or 80P(2)(b) (which involve prescription medication) unless the offender—
a: has been fully advised by a person who is qualified to prescribe that medication about the nature and likely or intended effect of any variation or new condition in relation to the medication and any known risks; and
b: consents to taking the prescription medication.
6: If the court suspends the sentence of home detention under subsection (2)(b),—
a: a probation officer must, before the statutory release date of the sentence of imprisonment,—
i: review the suitability of the home detention residence; and
ii: ensure every relevant occupant (as defined in section 26A(4)(a)) of the home detention residence consents, in accordance with section 26A(3), to the offender resuming the sentence at the home detention residence; and
iii: if necessary, apply for a variation or cancellation of the sentence under section 80F or obtain from the chief executive of the Department of Corrections a variation of the home detention residence under section 80FA
b: the offender must go to and remain at the home detention residence after being released from detention, unless absent in accordance with section 80C(3)(a) or (b); and
c: the sentence of home detention resumes when the offender has arrived at the home detention residence under paragraph (b).
7: If, for the purpose of subsection (6)(a)(iii), the probation officer makes an application for variation of the sentence under section 80F and approves an alternative residence pending determination of the application—
a: the offender must go and remain at the alternative address until the application is decided; and
b: once the application is decided, subsection (6)(b) and (c) apply accordingly.
80ZGA: Effect of subsequent sentence of imprisonment of more than 12 months
1: Subsection (2) applies if an offender who is subject to a sentence of home detention is subsequently sentenced to—
a: a term of imprisonment of more than 12 months; or
b: 2 or more terms of imprisonment to be served concurrently, the total term of which is more than 12 months; or
c: 2 or more terms of imprisonment that are cumulative, the total term of which is more than 12 months.
2: If this section applies, the sentence of home detention is suspended.
80ZGB: Period of suspension not counted towards sentence
No period during which a sentence of home detention is suspended under section 80ZG(2) or 80ZGA(2) is counted towards the period of home detention imposed under section 80A(3).
80ZGC: Resumption of sentence of home detention
1: This section applies to a sentence of home detention that is suspended under section 80ZG(2) or 80ZGA(2).
2: The sentence of home detention is suspended until the earlier of the following events:
a: it resumes under subsection (3); or
b: it resumes under section 80ZG(6)(c); or
c: it is cancelled under subsection (5).
3: If the sentence or sentences of imprisonment are quashed and that results in the offender no longer being detained under a sentence of imprisonment,—
a: the offender must report to a probation officer as soon as practicable and not later than 72 hours after being released from detention; and
b: the sentence of home detention resumes when the offender has reported as required under paragraph (a).
4: The Registrar of the court in which the sentence or sentences of imprisonment are quashed must notify the chief executive of the Department of Corrections.
5: If the sentence of home detention does not resume under section 80ZG(6)(c) or subsection (3), it is cancelled when the offender ceases to be detained under the sentence or sentences of imprisonment.
80ZGD: Effect of appeal on resumption of sentence of home detention
1: This section applies if—
a: an offender has, on or after the commencement of this section, lodged an appeal against—
i: a sentence of home detention imposed before or after that commencement; or
ii: the conviction on which that sentence is based; or
iii: both; and
b: the offender has been granted bail under section 53, 54, or 55 of the Bail Act 2000; and
c: the outcome of the appeal is that—
i: the appeal is dismissed; or
ii: the appeal is deemed pursuant to rules of court to be dismissed; or
iii: leave to appeal is refused; or
iv: neither the sentence of home detention nor the conviction on which it was made is set aside when the appeal is determined.
2: If this section applies,—
a: the court to which the appeal is made must specify a date on which the offender must report to a probation officer and that date must be not earlier than 10 working days after the outcome of the appeal is determined and must fall on a working day; and
b: the offender must report to a probation officer on that date; and
c: the sentence of home detention resumes when the offender has reported to the probation officer on that date.
3: If the offender has been on bail for more than 2 months, the probation officer must, before the sentence of home detention resumes,—
a: review the suitability of the home detention address; and
b: ensure every relevant occupant consents, in accordance with section 26A(3), to the offender resuming the sentence at the home detention residence; and
c: if necessary, apply to the court for a variation or cancellation of the sentence under section 80F or obtain from the chief executive of the Department of Corrections a variation of the home detention residence under section 80FA
4: This section does not apply if the offender is detained under a sentence of imprisonment. 2013-10-23 Sentencing Act 2002 refer to section 2(2): section 43 so far as it relates to section 80ZGD only
44: Sections 80ZG to 80ZGC apply to home detention sentence imposed on or after commencement date
Sections 80ZG to 80ZGC
45: Imposition of conditions on release of offender sentenced to imprisonment for short term
1:
2: Section 93
2AB: If the court imposes special conditions on an offender, the special conditions may apply for as long as, but no longer than, the standard conditions apply to the offender. OIC Sentencing Act 2002 refer to section 2(3): Section 45(1) only comes into force on a date appointed by the OIC Section 45(1) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
4: Amendments to Parole Act 2002
46: Principal Act amended
This Part amends the Parole Act 2002 2014-01-22 Parole Act 2002 refer to section 2(1)
47: Special conditions
Section 15
3A: If the Board imposes on an offender special conditions relating to residential restrictions (specified under subsection (3)(ab)),—
a: the offender's probation officer must define the area of the residence specified under section 33(2)(a) within which the offender must remain and show that area to the offender and advise every relevant occupant (as defined in section 34(4)) of the residence of that area; and
b: the offender must remain within that area.
48: Conditions applying to release at statutory release date
Section 18
2A: If an offender in respect of whom an extended supervision order is made is released at his or her statutory release date, or released early under section 52, the Board may impose special conditions, the duration of which are determined by section 107L(2A).
49: Release conditions applying to parole
Section 29(3)(b) , unless the release conditions are varied or discharged by the Board under section 58
50: Board may monitor compliance with conditions
Section 29B
6A: Sections 63 and 65 to 66A apply, with any necessary modifications, in respect of an order made under subsection (5)(c) as if—
a: the order were an interim recall order made under section 62; and
b: a recall application had been made.
51: Prior report on suitability of residential restrictions
1: Section 34(1) a probation officer the chief executive
2: Section 34
1A: Nothing in subsection (1) prevents the chief executive from providing a report on the matters specified in subsection (2) without receiving a request from the Board.
1B: Despite subsection (1), if the chief executive provides a report on the matters specified in subsection (2) without a request from the Board, the Board must consider that report as if it were a report requested by the Board under subsection (1).
3: Section 34(3) Before completing the report requested under subsection (1), the probation officer must— Before completing the report under this section, the chief executive must—
4: Section 34(4) the probation officer the chief executive
52: New section 36 inserted
The following section is inserted after section 35
36: Chief executive may approve alternative residence pending determination of application for variation of residential restrictions
1: This section applies if an offender who is subject to residential restrictions or a probation officer intends to apply or has applied to the Board under section 56 for a variation of residential restrictions.
2: If this section applies, the chief executive may approve an alternative residence at which the offender must stay at all times or at times specified by the Board, pending the determination of the application.
3: If the chief executive approves an alternative residence before the application has been made, a probation officer must apply to the Board under section 56 within 5 working days of the chief executive's approval being given.
4: Subsection (3) subsection (3)
5: If the chief executive considers there is no suitable alternative residence available,—
a: a probation officer must apply to the Board under section 56 at the earliest opportunity; or
b: the chief executive must make a recall application to the Board under section 60.
6: In subsections (2) to (4) application
53: Application for variation or discharge of conditions
Section 56
5: Subsection (4) does not apply to an application for variation or discharge of standard release conditions imposed on an offender who is subject to an indeterminate sentence.
54: Making recall application
Section 60
4: When a recall application is made, the sentence to which the recall application relates ceases to run as follows:
a: if a final recall order is made, for the period between the lodgement of the application and the making of the order during which the offender was at large:
b: if an interim recall order is made but the Board does not make a final recall order, for the period between the making of the interim recall order and the date of the determination of the application during which the offender was at large.
5: When a recall application is made, the sentence to which the recall application relates continues to run as follows:
a: for the period (if any) between the lodgement of the application and the date of its determination during which the offender is under legal custody in accordance with the Corrections Act 2004:
b: if an interim recall order is made, for the period between the lodgement of the application and the making of the interim recall order:
c: if no interim or final recall order is made, for the period between the lodgement of the application and the date of its determination.
55: Time ceases to run in certain circumstances
Section 94
b: for an offender on parole or compassionate release, as provided in section 60(4).
56: Commencement and expiry of extended supervision order
Section 107L
1A: If an offender is released early under section 52 and the offender is subject to an extended supervision order made in the circumstances described in subsection (1)(a), then—
a: the extended supervision conditions and any special conditions (including any special conditions imposed under section 107IA) come into force on the offender's actual release date; but
b: time does not begin to run on the order until the offender's statutory release date.
57: Suspension of conditions of extended supervision order
Section 107P
2A: If an offender is released early under section 52 and the offender is subject to an extended supervision order that is reactivated in the circumstances described in subsection (2)(a), then—
a: the extended supervision conditions and any special conditions (including any special conditions imposed under section 107IA) are reactivated on the offender's actual release date; but
b: time does not begin to run on the order until the offender's statutory release date.
5: Consequential amendments to other enactments
58: Amendment to Criminal Procedure Act 2011
1: This section amends the Criminal Procedure Act 2011
2: The following section is inserted after section 403
403A: Transitional provision regarding effect of appeal on sentence of home detention
If, in any proceeding to which section 397 applies, a person is convicted and sentenced to home detention and on or after the date that this section comes into force either party appeals a determination to which the sentence relates, section 397(2) has effect subject to the following:
a: the sentence of home detention is not suspended just because a notice of appeal or application for leave to appeal has been given unless the appeal court expressly directs that the sentence be suspended; and
b: section 399 of the Crimes Act 1961 and section 124 of the Summary Proceedings Act 1957 (as each of those provisions read before the commencement date) do not apply; and
c: the person sentenced to home detention may apply for bail and the provisions of the Bail Act 2000 (as those provisions read before the commencement date) apply except that sections 54, 55, 58 and 59A of the Bail Act (as those provisions read at the time of the appeal) apply with any necessary modifications. 2013-10-23 Criminal Procedure Act 2011 refer section 2(2): comes into force on the day after the date that this Act receives the Royal assent
59: Amendment to Sentencing Amendment Act 2007
1: This section amends the Sentencing Amendment Act 2007
2: Section 49(3) 2014-01-22 Sentencing Amendment Act 2007 Refer to section 2(1): comes into force on the day that is 3 months after the date on which it receives the Royal assent
60: Amendment to Summary Proceedings Act 1957
1: This section amends the Summary Proceedings Act 1957
2: Section 106E(9) Section 19 of the Sentencing Act 2002 applies Sections 19 and 20A of the Sentencing Act 2002 apply 2014-01-22 Summary Proceedings Act 1957 Refer to section 2(1): comes into force on the day that is 3 months after the date on which it receives the Royal assent |
DLM5628400 | 2013 | Unsolicited Electronic Messages Amendment Act 2013 | 1: Title
This Act is the Unsolicited Electronic Messages Amendment Act 2013.
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 Unsolicited Electronic Messages Act 2007 principal Act 2013-12-05 Unsolicited Electronic Messages Act 2007
4: Section 58 amended (Regulations)
Repeal section 58(k) |
DLM5189117 | 2013 | Sentencing Amendment Act 2013 | 1: Title
This Act is the Sentencing Amendment Act 2013.
2: Commencement
This Act comes into force on 1 July 2013.
3: Principal Act
This Act amends the Sentencing Act 2002 principal Act 2013-07-01 Sentencing Act 2002
4: Section 81B amended (Procedure if offender convicted in District Court and court believes offender could be sentenced to life imprisonment)
In section 81B(2) section 5 endorse on the charging document a statement make an entry in the permanent court record
5: Section 90 amended (Procedure if offender convicted in District Court and court believes offender could be sentenced to preventive detention)
Replace section 90(2) section 7
2: The court must transfer the offender to the High Court for sentence and make an entry in the permanent court record to the effect that the court has declined jurisdiction on the ground that it has reason to believe that the offender should be considered for a sentence of preventive detention. |
DLM5200101 | 2013 | Crown Minerals Amendment Act 2013 Amendment Act 2013 | 1: Title
This Act is the Crown Minerals Amendment Act 2013 Amendment Act 2013.
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 Crown Minerals Amendment Act 2013 principal Act 2013-05-21 Crown Minerals Amendment Act 2013
1: Amendments concerning applications under public tender for conditional exploration permits
4: New section 20A inserted (Section 24 amended (Allocation by public tender))
After section 20
20A: Section 24 amended (Allocation by public tender)
1: After section 24(2)(c), insert:
ca: that each tender must include an application that complies with section 29A(1) and be accompanied by sufficient information in relation to the permit offered for the Minister to satisfy himself or herself of the matters set out in section 29A(2) or the matters required under section 29B
cb: that, if the tender is to be considered in accordance with section 29B .
2: After section 24(4), insert:
4A: To avoid doubt, tenders must be assessed by the Minister in accordance with this section and the criteria in section 29A or in section 29B
5: Section 24 amended (New section 29A and cross-heading inserted)
1: In the heading to section 24 section 29A sections 29A and 29B
2: In section 24
5: This section is subject to section 29B
3: In section 24
29B: Process for considering application under public tender for conditional exploration permit
1: This section applies if—
a: a Tier 1 permit for exploration is offered for allocation by public tender under section 24(1); and
b: a tender made in response to the offer under section 24(1) states that it is to be considered in accordance with this section; and
c: the proposed work programme provided with the tender contains an exploration drilling committal date.
2: If this section applies, the Minister must, when considering whether to grant the permit to the tenderer, be satisfied of the matters set out in section 29A(2)(b) and (d) only in relation to work that will be undertaken before the exploration drilling committal date.
3: If a permit is granted in accordance with this section,—
a: work cannot be undertaken after the exploration drilling committal date unless, before that date,—
i: the Minister has, upon application by the permit holder, satisfied himself or herself of the matters set out in section 29A(2)(b) and (d) in relation to that work; and
ii: the permit holder has committed, in accordance with the permit, to drilling for exploration purposes; and
b: the requirements of paragraph (a)
4: For the purposes of subsection (3)
a: section 29A(3) and (4) apply for the purposes of the Minister satisfying himself or herself; and
b: section 29A(2) to (4) must be read with all necessary modifications.
5: In this section,— exploration drilling committal date work
6: Section 43 amended (Sections 90 and 90A and cross-heading above section 90 replaced)
In section 43 29A(2)(d) (whether obtained under section 24, 29A, or 29B
2: Other amendments
7: Section 9 amended (Section 2 amended (Interpretation))
1: In section 9(1) existing privilege that were in force at the close of 30 September 1991
2: In section 9(1) underground gas storage facility underground gas storage facility .
8: Section 12 amended (Section 5 replaced (Functions of Minister of Energy))
In section 12 reserves resources
9: Section 26 amended (Section 33 replaced (Permit holder to comply with permit and this Act))
In section 26
4: The first report to be provided under subsection (1) must relate to the period of 12 months ending with 31 December 2014.
10: Section 32 amended (Section 40 amended (Surrender of permit))
1: Replace section 32(2)
2: Replace section 40(2) with:
2: Unless the Minister considers it is in the interests of the Crown to acquire the permit for the purposes of reallocation or otherwise (in which case the permit vests in the Crown as if it were personal property), the surrender—
a: must be accepted by the chief executive if everything is in order and, in the case of a partial surrender, the Minister has approved the area to be surrendered under subsection (7A); and
b: takes effect when the chief executive accepts it.
2: In section 32(4) becomes the property of the Minister vests in the Crown
11: Section 33 amended (Section 41 replaced (Transfers and other dealings with permits))
In section 33 have been met have been, or are likely to be, met
12: Section 43 amended (Sections 90 and 90A and cross-heading above section 90 replaced)
1: In section 43 sections 23A, 24, 32, 35, 35A, 36, 41, 41A, 41B, 41C, 61B, 61C, 90, and 99F sections 23A, 24, 32, 33A to 33D, 35, 35A, 36 to 38, 41 to 41C, 42, 42A, 46, 61, 61B, 61C, 90, 99E, and 99F
2: In section 43 reserves resources
3: In section 43 reserves resources
13: Section 52 amended (New sections 99A to 99M and cross-headings inserted)
1: In section 52 dwelling house dwellinghouse
2: In section 52 reserves resources
14: Section 55 amended (New sections 101A to 101C inserted)
In section 55 offshore area offshore area
a: within the territorial sea; or
b: within the exclusive economic zone; or
c: on or above the continental shelf .
15: Section 58 amended (New sections 105A to 105D inserted)
In section 58 105C(1) 105C(1)(a)
16: Schedule 1 amended
1: In Schedule 1, new Schedule 1
1: Provisions relating to Crown Minerals Amendment Act 2013
.
2: In Schedule 1, new Schedule 1
7: Petroleum exploration permit holders' rights to extension of duration of permit
1: Despite new section 35(4), a specified permit may be extended—
a: for a period not exceeding 15 years from the commencement date of the permit in accordance with new section 36(1) to (4); and
b: under new section 35A.
2: In this clause, specified permit
a: a permit granted in respect of an application to which clause 6 applies; and
b: an existing exploration permit for petroleum.
3: In Schedule 1, new Schedule 1
5: Despite subclause (1), a section of the principal Act (whether a new or an old section) applies to each existing privilege, in the manner provided in the section, if the section in whole or in part expressly relates to or provides for an existing privilege.
4: In Schedule 1, new Schedule 1
3: For the purposes of the principal Act, the person notified to the Minister is, on and from the date of notification, the permit operator for the existing privilege, unless the permit operator is subsequently changed in accordance with new section 41C.
4: For the purposes of subclause (3)
a: as if the existing privilege were a permit and the holder of the privilege a permit holder and, for the purpose of that section, new sections 2B to 2D also apply:
b: but the person proposed to become the new operator may be someone other than a holder of the existing privilege.
5: In Schedule 1, new Schedule 1 33A and 33B 33A, 33B, 90D, and 90E
6: In Schedule 1, new Schedule 1
c: an authorisation given, an agreement entered into, or a grant of rights under the Iron and Steel Industry Act 1959, or an existing right referred to in section 5 of that Act.
17: Schedule 3 amended
1: In Schedule 3, new Schedule 5 Platinum group metals $1,250,000 $50,000 –
2: In Schedule 3, new Schedule 5 In this Schedule,— metallic mineral platinum group metals
18: Schedule 4 amended
In Schedule 4 40(2), (8), (9), and (10) 40(8), (9), and (10)
19: Schedule 5 amended
In Schedule 5 dwelling house dwellinghouse |
DLM4653000 | 2013 | Ngāti Whātua o Kaipara Claims Settlement Act 2013 | 1: Title
This Act is the Ngāti Whātua o Kaipara Claims Settlement Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary matters, interpretation, settlement of historical claims, and miscellaneous matters
1: Preliminary matters
3: Purpose
The purpose of this Act is—
a: to record the acknowledgements and apology offered by the Crown to Ngāti Whātua o Kaipara in the deed of settlement; and
b: to give effect to certain provisions of the deed of settlement dated 9 September 2011, which is a deed to settle the historical claims of Ngāti Whātua o Kaipara.
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:
b: a power to be exercised under the provision on that date:
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: in subpart 1
b: in subpart 2
c: in subpart 3
i: the effect of the settlement 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
d: in subpart 4 limit on the duration of a trust
3: Part 2
a: in subpart 1
i: the fee simple estate in 8 cultural redress properties in the trustees of the Tari Pupuritaonga Trust and, in the case of Makarau, in the trustees of the Development Trust; and
ii: an undivided half-share in the Parakai Recreation Reserve in the trustees of the Development Trust and the Council, as tenants in common; and
b: in subpart 2
c: in subpart 3
d: in subpart 4
e: in subpart 5
4: Part 3 RFR
5: Part 4
6: There are 4 schedules:
a: Schedule 1 Part A
b: Schedule 1 Part B
c: Schedule 2
d: Schedule 3
e: Schedule 4 Section 6(2)(d) amended 30 January 2021 section 161 Trusts Act 2019 Acknowledgements and apology of the Crown
7: Acknowledgements and apology
Sections 8 9
8: Acknowledgements
1: The Crown acknowledges the long tradition of commitment and support of Ngāti Whātua o Kaipara given to the Crown from 1840. The Crown also acknowledges the willingness of Ngāti Whātua o Kaipara to provide lands for settlement purposes. These lands contributed to the establishment of the settler economy and the development of the nation state of New Zealand.
2: The Crown acknowledges that it did not correctly apply certain regulations for pre-Treaty and pre-emption waiver transactions. The Crown also acknowledges that it did not always protect Māori interests during investigations into these transactions.
3: The Crown acknowledges that it took approximately 24 000 acres of the lands of Ngāti Whātua o Kaipara claimed by settlers as a result of pre-emption waiver transactions (“surplus lands”), rather than returning these lands to Ngāti Whātua o Kaipara, and this has long been a source of grievance to Ngāti Whātua o Kaipara. The Crown acknowledges that its policy of taking surplus land from pre-emption waiver purchases breached the Treaty of Waitangi
4: The Crown acknowledges that by failing to set aside one tenth of the lands transacted during the pre-emption waiver period for public purposes, especially the establishment of schools and hospitals for the future benefit of Māori (including Ngāti Whātua o Kaipara), it breached the Treaty of Waitangi and its principles.
5: The Crown acknowledges that, in purchasing a large amount of land from Ngāti Whātua o Kaipara between 1848 and 1868, it failed to ensure that Ngāti Whātua o Kaipara were reserved sufficient lands for their future use or benefit, and that that failure was in breach of the Treaty of Waitangi and its principles. The Crown also acknowledges that it did not take adequate steps to prevent the alienation of the few reserves that were made.
6: The Crown acknowledges that it purchased lands at low prices from Ngāti Whātua o Kaipara on the understanding that European settlement would bring benefits to Ngāti Whātua o Kaipara and that their remaining lands would increase in value. The Crown also acknowledges that the benefits Ngāti Whātua o Kaipara were led to expect from European settlement, such as schools, hospitals and roads, were slow to arrive or were not always realised, and that this has remained a significant grievance for Ngāti Whātua o Kaipara.
7: The Crown acknowledges that the operation and impact of the Native land laws since 1864, in particular the awarding of land to individual Ngāti Whātua o Kaipara rather than to iwi and hapū, made those lands more susceptible to partition, fragmentation, and alienation. This contributed to the erosion of the traditional tribal structures of Ngāti Whātua o Kaipara which were based on collective tribal and hapū custodianship of land. The Crown failed to take steps to adequately protect those structures. This had a prejudicial effect on Ngāti Whātua o Kaipara, and was a breach of the Treaty of Waitangi and its principles.
8: The Crown acknowledges that the Native Land Court title determination process carried significant costs for Ngāti Whātua o Kaipara. These costs included survey and court costs, which could and did lead to further alienations of land.
9: The Crown acknowledges that Ngāti Whātua o Kaipara continued to demonstrate their desire to participate in the development of the region by gifting various lands for public purposes, including ten acres at Te Awaroa (Helensville) and land for the Riverhead to Helensville railway. The Crown also acknowledges that it did not adhere to all conditions accompanying these gifts, including returning those lands when they were no longer needed for the purposes given, and that that failure was in breach of the Treaty of Waitangi
10: The Crown acknowledges that at the Kohimarama Conference of 1860 and during the “Orakei Parliaments”, Ngāti Whātua o Kaipara rangatira sought equal participation for Māori in central and local government. The Crown acknowledges that the four Māori seats established to represent Māori in Parliament did not meet Ngāti Whātua o Kaipara expectations.
11: The Crown acknowledges that by the 1920s there was little suitable land available for Ngāti Whātua o Kaipara to benefit from land-development schemes and that the assistance that was provided benefited very few.
12: The Crown acknowledges that lands of significance to Ngāti Whātua o Kaipara at Puketapu and elsewhere were acquired by the Crown for sand-dune reclamation purposes in the decade to 1934, including through compulsory taking. The Crown acknowledges that it did not work with Ngāti Whātua o Kaipara to find an alternative to Crown acquisition and that the loss of these lands hindered access for Ngāti Whātua o Kaipara to urupā, kaimoana, and other resources.
13: The Crown acknowledges that many members of Ngāti Whātua o Kaipara suffered poor health following European colonisation, and that Crown provision of health services to Ngāti Whātua o Kaipara was inadequate until the 1930s. The Crown also acknowledges that the education system historically had low expectations for Māori academic achievement and that this had a detrimental effect on Ngāti Whātua o Kaipara.
14: The Crown acknowledges that the Otakanini block was compulsorily vested in the Tokerau District Māori Land Board without consultation with the owners of the block and that this denied the owners any meaningful role in the administration of the land for fifty years. The Crown also acknowledges that the leases were not properly administered and upon the return of the Otakanini block in 1958, the owners carried significant burdens that impeded the ongoing development of the land. These burdens included additional costs to remedy many breaches of lease conditions and to restore the land to the condition envisaged at the time the leases were entered into.
15: The Crown acknowledges that the Crown’s corporatisation reforms in the 1980s, in particular of the forestry industry, resulted in high unemployment rates and had a devastating impact on Ngāti Whātua o Kaipara communities.
16: The Crown acknowledges that the cumulative effect of Crown purchasing, public works takings, and private purchasing rendered Ngāti Whātua o Kaipara virtually landless. The Crown also acknowledges that its failure to monitor the ongoing impact of land purchases contributed to the position today where Ngāti Whātua o Kaipara have insufficient land. The failure to ensure that Ngāti Whātua o Kaipara retained sufficient land was a breach of the Treaty of Waitangi
17: The Crown acknowledges that from the 1940s a state of virtual landlessness was a significant factor contributing to high levels of migration of Ngāti Whātua o Kaipara and that most Ngāti Whātua o Kaipara now live outside their rōhe. The Crown further acknowledges that Ngāti Whātua o Kaipara communities have endured social deprivation for too long.
18: The Crown acknowledges that the cumulative effect of the Crown’s breaches of the Treaty of Waitangi and its principles significantly undermined the tino rangatiratanga of Ngāti Whātua o Kaipara, their economic and social development, and physical, cultural and spiritual well-being with effects that continue to be felt to the present day.
19: The Crown acknowledges that it failed to deal in an appropriate way with grievances raised by successive generations of Ngāti Whātua o Kaipara and that resolution of these grievances is long overdue.
9: Apology
1: The Crown recognises that, from the signing of the Treaty of Waitangi, Ngāti Whātua o Kaipara committed themselves to a close and positive relationship with the Crown and, through sales and other means, provided lands for European settlement. The Crown deeply regrets that the benefits Ngāti Whātua o Kaipara were led to expect from the relationship, including benefits from the sale of land, were slow to arrive or were not always realised.
2: The Crown profoundly regrets and unreservedly apologises for its actions, which have resulted in the virtual landlessness of Ngāti Whātua o Kaipara. This state of landlessness has had devastating consequences for the social, cultural, economic, spiritual, and physical well-being of Ngāti Whātua o Kaipara that continue to be felt today.
3: With this apology and settlement the Crown seeks to atone for these wrongs and to begin the process of healing. The Crown intends to improve and strengthen its historically close relationship with Ngāti Whātua o Kaipara based on the Treaty of Waitangi
2: Interpretation
10: 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.
11: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2(1) attachments Auckland Prison Housing Block Housing Block section 82 commercial redress property section 82 Commissioner of Crown Lands section 24AA consent authority section 2(1) conservation area section 2(1) conservation legislation
a: the Conservation Act 1987
b: the enactments listed in Schedule 1 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 section 2(1) Crown body
a: a Crown entity, as defined in section 7(1)
b: a State enterprise, as defined in 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 of, or a related company to, a company or body referred to in paragraph (d) cultural redress property section 20 culture and heritage protocol section 72 deed of settlement
a: means the deed of settlement dated 9 September 2011 and signed by—
i: the Honourable Christopher Finlayson, Minister for Treaty of Waitangi
ii: Rhys Charles Freeman, Rangimarie Naida Glavish, Margaret Anne Kawharu, Te Kahui-iti Morehu, Waata Herewini Richards, Gloria May Timoti, Haahi Rangi Walker, and Takutaimoana Wikiriwhi, trustees of Ngā Maunga Whakahii o Kaipara Development Trust, for and on behalf of Ngāti Whātua o Kaipara; and
b: includes—
i: the schedules and attachments to the deed; and
ii: any amendments to the deed, or to its schedules and attachments Development Trust Director-General documents schedule effective date Heritage New Zealand Pouhere Taonga section 9 historical claims section 13 interest LINZ local authority section 5(1) member of Ngāti Whātua o Kaipara section 12(1)(a) Ngā Maunga Whakahii o Kaipara Development Trust Ngā Maunga Whakahii o Kaipara Tari Pupuritaonga Trust property redress schedule purchased non-forest commercial property section 82 purchased Riverhead Forest property section 82 regional council section 2(1) Registrar-General section 4 related company section 2(3) representative entity
a: the trustees of—
i: the Development Trust; and
ii: the Tari Pupuritaonga Trust; and
b: any person (including any trustee) acting for, or on behalf of,—
i: the collective group referred to in section 12(1)(a)
ii: 1 or more of the whānau, hapū, or groups that together form the collective group referred to in section 12(1)(a)
iii: 1 or more members of Ngāti Whātua o Kaipara resource consent section 2(1) RFR subpart 4 RFR land section 96 settlement date statutory acknowledgement section 59 subsidiary section 5 Tari Pupuritaonga Trust Te Kawenata Taiao o Ngāti Whātua o Kaipara Te Kawenata Te Kawerau ā Maki claims negotiation body Te Kawerau ā Maki deed of settlement TKaM deed of settlement section 95 Te Kawerau ā Maki governance entity TKaM governance entity section 95 Te Kawerau ā Maki settlement legislation TKaM settlement legislation section 95 transfer trustees trustees of the Development Trust trustees of the Tari Pupuritaonga Trust working day
a: Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day,
b: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; or
c: the days observed as the anniversaries of the provinces of Auckland and Wellington. Section 11 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 11 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 11 working day amended 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
12: Meaning of Ngāti Whātua o Kaipara
1: In this Act, Ngāti Whātua o Kaipara
a: means the collective group composed of individuals who are descended from—
i: Haumoewaarangi; and
ii: a recognised ancestor of at least one of Ngāti Whātua Tūturu, Te Tao Ū, Ngāti Rango (sometimes referred to as Ngāti Rongo), Ngāti Hine, or Te Uri o Hau who exercised customary rights predominantly within the area of interest at any time after 6 February 1840; and
b: includes the individuals referred to in paragraph (a); and
c: includes every whānau, hapū, or group to the extent that it is composed of those individuals.
2: In this section and section 13 area of interest customary rights
a: rights to occupy land; and
b: rights in relation to the use or stewardship of land or other natural or physical resources; and
c: rights of burial; and
d: rights to affiliate to a Ngāti Whātua o Kaipara marae at any of the following places:
i: Haranui:
ii: Reweti:
iii: Araparera:
iv: Kakanui:
v: Puatahi descended
a: birth:
b: legal adoption:
c: Māori customary adoption in accordance with Ngāti Whātua o Kaipara tikanga tikanga Ngāti Whātua o Kaipara
13: Meaning of historical claims
1: In this Act, historical claims
a: means the claims described in subsections (2) and (3); but
b: does not include the claims described in subsection (4).
2: The historical claims are every claim that Ngāti Whātua o Kaipara or a representative entity of Ngāti Whātua o Kaipara had at, or at any time before, the settlement date, or may have at any time after the settlement date, and that—
a: is founded on a right arising—
i: from 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: every claim that relates exclusively to Ngāti Whātua o Kaipara or a representative entity of Ngāti Whātua o Kaipara, to the extent that subsection (2) applies to a claim, including—
i: Wai 279—Te Kēti B Block claim; and
ii: Wai 312—Ngāti Whātua o Kaipara ki te Tonga claim; and
iii: Wai 733—Ōtakanini Lands and Resources claim; and
b: every other claim to the Waitangi Tribunal, so far as it relates to Ngāti Whātua o Kaipara or a representative entity, to the extent that subsection (2) applies to a claim, including—
i: Wai 121—Manukau Māori Trust Board (Ngāti Whātua Lands and Fisheries) claim; and
ii: Wai 303—Te Rūnanga o Ngāti Whātua claim; and
iii: Wai 756—Te Tao Ū Southern Kaipara Lands and Resources claim; and
iv: Wai 798—Ngāti Rango claim; and
v: Wai 861—Te Tai Tokerau District Māori Council claim; and
vi: Wai 881—Haumoewharangi-Maki descendants claim; and
vii: Wai 887—Watene Tautari Whakapapa Whānau Trust claim; and
viii: Wai 1045—Ngāti Marua claim; and
ix: Wai 1046—Ngāti Whātua Tūturu o Te Tao Ū claim; and
x: Wai 1114—Te Runanga o Te Tao Ū claim; and
xi: Wai 1127—Ngā Oho o Te Tao Ū claim; and
xii: Wai 1128—Te Tao Ū (Auckland) Land Alienation claim; and
xiii: Wai 1146—Te Tao Ū Land and Resources claim; and
xiv: Wai 1519—Ngāti Whātua (Josephs) claim; and
xv: Wai 1825—Deborah Kapa and the descendants of Hetaraka Takapuna claim; and
xvi: Wai 2181—Ngā Uri o Maki-nui claim ; and
c: every claim to the following, to the extent that the claim relates to Ngāti Whātua o Kaipara or a representative entity and subsection (2) applies to the claim:
i: the maunga as defined in section 10
ii: the motu as defined in section 11(1)
iii: the Rangitoto Island properties as defined in section 8(1)
iv: Māngere Mountain as defined in section 8(1)
v: the Maungakiekie / One Tree Hill northern land as defined in section 8(1)
4: However, the historical claims do not include—
a: any of the Te Uri o Hau historical claims, being claims settled by the Te Uri o Hau deed of settlement and the Te Uri o Hau Claims Settlement Act 2002
b: a claim that a member of Ngāti Whātua o Kaipara, or a whānau, hapū, or group referred to in section 12(1)(c) section 12(1)(a)
c: a claim that a representative entity may have to the extent that the claim is, or is based on, a claim referred to in paragraph (a) or (b).
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. Section 13(3)(b)(xvi) amended 1 August 2014 section 166(2) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 Section 13(3)(c) inserted 1 August 2014 section 166(3) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
3: Settlement of historical claims
Historical claims settled and jurisdiction of courts, etc, removed
14: Settlement of
section 13(2), (3)(a), and (3)(b)
1AA: In this section, historical claims section 13(2), (3)(a), and (3)(b)
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 into, or to make a finding or recommendation) in respect of—
a: the historical claims; or
b: the deed of settlement; or
c: this Act; or
d: the redress provided under the deed of settlement or this Act.
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 Act. Section 14 heading amended 1 August 2014 section 166(4) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 Section 14(1AA) inserted 1 August 2014 section 166(5) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
14A: Settlement of section 13(3)(c) historical claims
1: In this section,— collective deed section 8(1) effective date section 8(1) historical claims section 13(3)(c)
2: The historical claims are settled.
3: The settlement of the historical claims is final and, on and from the effective date, the Crown is released and discharged from all obligations and liabilities in respect of those claims.
4: Subsections (1) and (2) do not limit the acknowledgements expressed in, or the provisions of, the collective deed.
5: Despite any other enactment or rule of law, on and from the effective 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 collective deed; or
c: the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
d: the redress provided under the collective deed or that Act.
6: Subsection (4) does not exclude the jurisdiction of a court, tribunal, or other judicial body in respect of the interpretation or implementation of the collective deed of settlement or the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 Section 14A inserted 1 August 2014 section 166(6) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 Amendment to Treaty of Waitangi Act 1975
15: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3 Ngāti Whātua o Kaipara Claims Settlement Act 2013, section 14(4) and (5) 2013-06-13 Treaty of Waitangi Act 1975 Resumptive memorials no longer to apply
16: Certain enactments cease to 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 RFR land; or
d: to a purchased non-forest commercial property if its purchase is effected under the deed of settlement; or
e: to a purchased Riverhead Forest property, if it is not commercial redress property but its purchase is effected under the deed of settlement; or
f: to the Housing Block, if it is purchased and its purchase is effected under the deed of settlement; or
g: for the benefit of Ngāti Whātua o Kaipara 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 16(2)(b) replaced 1 August 2020 section 668 Education and Training Act 2020
17: When 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 that contains, each allotment—
a: that is all or part of each class of property referred to in section 16(1)
b: in a certificate of title or computer register that has a memorial entered under any enactment listed in section 16(2)
2: The chief executive of LINZ must issue the certificate as soon as is reasonably practicable—
a: after the settlement date for a class of property referred to in section 16(1)(a) to (c)
b: after the actual date of settlement of the property for a property referred to in section 16(1)(d) to (f)
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 certificate of title or computer register identified in the certificate; and
b: cancel, in respect of each allotment identified in the certificate, each memorial that is recorded on a computer register described in the certificate.
4: Miscellaneous matters
18: 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: the Development Trust or the Tari Pupuritaonga Trust may exist in law; or
ii: the trustees of those trusts 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 either or both of the trusts named in subsection (1)(a) are, or become, a charitable trust, the trust may continue indefinitely under section 16(6)(a) Section 18 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 18(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 18(2) amended 30 January 2021 section 161 Trusts Act 2019
19: 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.
2: Cultural redress
1: Vesting of cultural redress properties
20: Interpretation
In this Part,— Council section 6 cultural redress property Part A Property vesting in fee simple
a: Makarau; and Properties vesting in fee simple to be administered as reserves
b: Atuanui Scenic Reserve; and
c: Makarau Bridge Reserve; and
d: Parakai; and
e: Ten Acre Block Recreation Reserve; and Properties vesting in fee simple subject to conservation covenant
f: Mairetahi Landing; and
g: Mauiniu Island; and
h: Motoremu Island; and
i: Tīpare Development Trust custodian trustee Parakai Recreation Reserve Part B reserve property cultural redress property Tari Pupuritaonga Trust custodian trustee Property vesting in fee simple
21: Makarau
1: Makarau ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Makarau vests in the trustees of the Development Trust.
3: The vesting of Makarau under this section is a disposition for the purposes of Part 4A section 24 Properties vesting in fee simple to be administered as reserves
22: Atuanui Scenic Reserve
1: The reservation of Atuanui Scenic Reserve as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Atuanui Scenic Reserve vests in the trustees of the Tari Pupuritaonga Trust.
3: Atuanui Scenic Reserve is declared a reserve and classified as a scenic reserve for the purpose specified in section 19(1)(a)
4: The reserve created by subsection (3) is named Atuanui Scenic Reserve.
5: Despite subsections (1) and (2), the viewing platform as shown on deed plan OTS-674-08—
a: does not vest under subsection (2); but
b: remains the property of the Crown.
23: Makarau Bridge Reserve
1: The reservation of Makarau Bridge Reserve as a recreation reserve subject to section 17
2: The fee simple estate in Makarau Bridge Reserve vests in the trustees of the Tari Pupuritaonga Trust.
3: Makarau Bridge Reserve is declared a reserve and classified as a local purpose (estuarine habitat) reserve subject to section 23
4: Subsections (1) to (3) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Council with a registrable right of way easement in gross in relation to the Makarau Bridge Reserve on the terms and conditions set out in part 7 of the documents schedule.
5: The reserve created by subsection (3) is named Makarau Bridge Local Purpose (Estuarine Habitat) Reserve.
24: Parakai
1: Parakai (being part of the Parakai Conservation Area) ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Parakai vests in the trustees of the Tari Pupuritaonga Trust.
3: Parakai is declared a reserve and classified as a local purpose (estuarine habitat) reserve subject to section 23
4: The reserve created by subsection (3) is named Parakai Local Purpose (Estuarine Habitat) Reserve.
25: Ten Acre Block Recreation Reserve
1: The reservation of the Ten Acre Block Recreation Reserve as a recreation reserve subject to the Reserves Act 1977
2: The fee simple estate in the Ten Acre Block Recreation Reserve vests in the trustees of the Tari Pupuritaonga Trust.
3: The Ten Acre Block Recreation Reserve is declared a reserve and classified as a recreation reserve subject to section 17
4: The reserve created by subsection (3) is named the Ten Acre Block Recreation Reserve. Properties vesting in fee simple subject to conservation covenant
26: Mairetahi Landing
1: The reservation of the Mairetahi Landing as a local purpose (landing) reserve subject to the Reserves Act 1977
2: The fee simple estate in the Mairetahi Landing vests in the trustees of the Tari Pupuritaonga Trust.
3: Subsections (1) and (2) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Crown with a registrable covenant in relation to the Mairetahi Landing on the terms and conditions set out in subpart A of part 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
27: Mauiniu Island
1: The reservation of Mauiniu Island as a local purpose (sand retainer) reserve subject to the Reserves Act 1977
2: The fee simple estate in Mauiniu Island vests in the trustees of the Tari Pupuritaonga Trust.
3: Subsections (1) and (2) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Crown with a registrable covenant in relation to Mauiniu Island on the terms and conditions set out in subpart B of part 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
28: Moturemu Island
1: The reservation of Moturemu Island (being Moturemu Island Scenic Reserve) as a scenic reserve subject to the Reserves Act 1977
2: The fee simple estate in Moturemu Island vests in the trustees of the Tari Pupuritaonga Trust.
3: Subsections (1) and (2) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Crown with a registrable covenant in relation to Moturemu Island on the terms and conditions set out in subpart C of part 4 of the documents schedule.
4: The covenant is to be treated as a conservation covenant for the purposes of section 77
29: Tīpare
1: Tīpare (being part of Ti Tree Island Conservation Area) ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Tīpare vests in the trustees of the Tari Pupuritaonga Trust.
3: Subsections (1) and (2) do not apply until the trustees of the Tari Pupuritaonga Trust provide the Crown with a registrable covenant in relation to Tīpare on the terms and conditions set out in subpart D of part 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 General provisions applying to vesting of cultural redress properties (other than Parakai Recreation Reserve)
30: Properties vest subject to, or together with, interests
Each cultural redress property vests under this subpart subject to, or together with, any interests listed in relation to the property in the third column of the table in Part A
31: Registration of ownership
1: This section applies to the fee simple estate in a cultural redress property vested by this subpart.
2: To the extent that a cultural redress property (other than Mauiniu Island) is all of the land contained in a computer freehold register, the Registrar-General must, in accordance with a written application from an authorised person,—
a: register the trustees of the Tari Pupuritaonga Trust as the proprietors of the fee simple estate in the land; and
b: record any entry on the computer freehold register, and do anything else that is necessary to give effect to this subpart and to part 5 of the deed of settlement.
3: To the extent that subsection (2) does not apply to a cultural redress property, and in the case of Mauiniu Island, the Registrar-General must, in accordance with a written application received from an authorised person,—
a: create a computer freehold register for the fee simple estate,—
i: in the case of Makarau, in the name of the trustees of the Development Trust; and
ii: in any other cultural redress property to which this subsection applies, in the name of the trustees of the Tari Pupuritaonga Trust; and
b: record on the computer freehold register any interests that are registered, notified, or notifiable and that are described in the application.
4: Subsection (3) applies subject to the completion of any survey necessary to create a computer freehold register.
5: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—
a: 24 months after the settlement date; or
b: any later date that may be agreed in writing by the Crown, the trustees of the Development Trust, and the trustees of the Tari Pupuritaonga Trust.
6: In this section, authorised person
a: for a cultural redress property, the Director-General:
b: for the Helensville land, the chief executive of LINZ.
32: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a cultural redress property (other than Makarau) under this subpart is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
2: Despite subsection (1),—
a: the rest of section 24 sections 22 to 25
b: the marginal strip reserved by section 24
i: Mauiniu Island; and
ii: Moturemu Island; and
iii: Tīpare.
3: If the reservation under this subpart of a reserve site is revoked in relation to all or part of the site, the vesting of the reserve property in the trustees of the Tari Pupuritaonga Trust is no longer exempt from the rest of section 24
33: Matters to be recorded on computer freehold register
1: The Registrar-General must record on the computer freehold register—
a: for a reserve property—
i: that the land is subject to Part 4A section 24
ii: that the land is subject to sections 32(3) 36
b: for each of the following properties, that the land is subject to Part 4A
i: Mauiniu Island; and
ii: Moturemu Island; and
iii: Tīpare; and
c: for Mairetahi Landing, that the land is subject to Part 4A
d: for Makarau, that the land is subject to Part 4A section 24
2: A notification made under subsection (1) that land is subject to Part 4A section 24D(1)
3: If the reservation of a reserve site under this subpart is revoked in relation to—
a: all of the site, the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the site the notifications that—
i: section 24
ii: the site is subject to sections 32(3) 36
b: part of the site, 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 site that remains a reserve.
4: The Registrar-General must comply with an application received in accordance with subsection (3)(a).
34: 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. Reserve properties
35: Application of other enactments to reserve properties
1: The trustees of the Tari Pupuritaonga Trust are the administering body of a reserve property for the purposes of the Reserves Act 1977
2: Sections 48A 114 115 sections 48A(6) 114(5) 115(6)
3: Sections 78(1)(a) 79 to 81 88
4: If the reservation under this subpart of a reserve site is revoked under section 24
a: section 25(2)
b: the other provisions of section 25
5: A reserve property is not a Crown protected area, despite anything in the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
6: The Minister must not change the name of a reserve property under section 16(10) section 16(10A)
36: 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 reserve land
2: The fee simple estate in the reserve land may be transferred to any other person, but only in accordance with this section or section 37 38
37: Transfer to new administering body
1: The registered proprietors of reserve land may apply to the Minister of Conservation in writing 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, upon 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 as the proprietors under this section,—
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.
6: A transfer that complies with this section need not comply with any other requirements.
38: Transfer of reserve land 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 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 transferee is the Tari Pupuritaonga Trust custodian trustee; and
d: 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) or (a) and (c) apply.
39: Reserve land not to be mortgaged
The registered proprietors of a reserve site must not mortgage, or give a security interest in, all or any part of the site that remains a reserve under the Reserves Act 1977
40: Saving of bylaws, etc, in relation to reserve sites
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
41: 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 commencement of this Act, 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 and the Board must amend the Gazetteer accordingly.
3: In this section, Board Crown protected area Gazetteer official geographic name section 4 Parakai Recreation Reserve
42: Vesting of Parakai Recreation Reserve in Council cancelled
The vesting under section 26
43: Vesting in trustees and Council
1: The fee simple estate in the Parakai Recreation Reserve is vested, as tenants in common as to an undivided half share each, in—
a: the trustees; and
b: the Council.
2: The Parakai Recreation Reserve is vested as a reserve under subsection (1), to be held in trust—
a: subject to, or together with, the interests listed in column 3 of the table in Part B
b: for the purposes for which the reserve is classified from time to time under the Reserves Act 1977
c: subject to the provisions of this Act.
44: Registration of ownership
The Registrar-General of Land must, in accordance with a written application by the Director-General,—
a: create a computer freehold register for undivided half shares of the fee simple estate in the Parakai Recreation Reserve in the name—
i: of the trustees; and
ii: of the Council; and
b: record on the computer freehold register—
i: any interests that are described in the written application and are registered, notified, or notifiable; and
ii: that the Parakai Recreation Reserve is subject to sections 45(1) to (4) 46 48 52
45: Application of Reserves Act 1977 and other enactments
1: The Parakai Recreation Reserve remains a recreation reserve under the Reserves Act 1977
2: The Parakai Recreation Reserve must not be—
a: exchanged for other land under section 15
b: united with another reserve (or with part of another reserve) under section 52
c: transferred, mortgaged, or the subject of a grant of a security interest.
3: Subsection (1) does not prevent a change being made, in accordance with the Reserves Act 1977
4: Subsection (2)(a) and (b) does not limit any Act other than the Reserves Act 1977
5: The vesting of an undivided half share of the fee simple estate in the Parakai Recreation Reserve by section 43(2)
a: limit section 10 11
b: affect other rights to subsurface minerals.
6: The permission of a council under section 348
7: Section 11 Part 10
a: the vesting of an undivided half share of the fee simple estate in the Parakai Recreation Reserve by section 43(2)
b: any matter incidental to, or required for the purpose of, that vesting. Administration of Parakai Recreation Reserve
46: Board to be administering body
1: Not later than the settlement date, the Parakai Recreation Reserve Board (the Board Schedule 2
2: The Board is subject to the provisions of that schedule.
3: Despite the fact that the Parakai Recreation Reserve is vested in the trustees and the Council,—
a: for the purposes of its administration, the Parakai Recreation Reserve is deemed to be vested in the Board under section 26
b: the Board has the same functions, powers, and obligations in respect of the Parakai Recreation Reserve as if, on the settlement date, that reserve had been so vested.
4: Section 41
47: Powers of Minister of Conservation
1: The Minister of Conservation has the same functions, powers, and obligations in respect of the Parakai Recreation Reserve and the Board as if the reserve were vested in the Board under section 26
2: The Minister of Conservation may, in accordance with section 27 section 26
48: Transfer to other trustees
1: Despite section 45(2)(c)
a: transferees who are trustees after—
i: a new trustee has been appointed; or
ii: a transferor has ceased to be a trustee; or
b: the Development Trust custodian trustee.
2: Subsection (1) is conditional on the transfer instrument being accompanied by a certificate given by the transferees, or their solicitor, verifying that the transferees are—
a: the trustees; or
b: the Development Trust custodian trustee.
49: Marginal strips
Section 24 section 43
50: Third-party rights unaffected
1: Neither the vesting of the Parakai Recreation Reserve in the trustees and the Council nor the deemed vesting of the reserve in the Board under section 46(3)
a: the Crown; and
b: the trustees; and
c: the Council.
2: The rights and obligations referred to in subsection (1) include rights or obligations in relation to the ownership, management, or control of fixtures, structures, or improvements attached to, on, or under the Parakai Recreation Reserve.
3: On and from the settlement date, the lessor's interest in the leases over the Parakai Recreation Reserve vests in the Board.
51: Bylaws
A bylaw or prohibition or restriction on the use of, or access to or over, the Parakai Recreation Reserve made or imposed under the Reserves Act 1977 Revocation and cancellation
52: Revocation of reservation
1: This section applies if the Minister of Conservation—
a: revokes the reservation of the Parakai Recreation Reserve or part of it under section 24
b: cancels the deemed vesting under section 46(3) section 27
2: If subsection (1) applies,—
a: sections 43 to 48
b: the fee simple estate in the affected land ceases to be vested in—
i: the Council under section 43
ii: the trustees or the Development Trust custodian trustee, as the case may be; and
c: the deemed vesting of the affected land in the Board under section 46
d: if the reservation of the affected land is revoked under section 24
i: section 25
ii: the affected land becomes Crown land available for disposal under the Land Act 1948
3: However, if the Minister of Conservation cancels the deemed vesting of the affected land under section 27 section 27(1) or (4)
4: In this section, affected land
53: Alteration of computer freehold registers if reservation revoked
1: This section applies if section 52(1)
2: The Director-General must apply in writing to the Registrar-General—
a: to remove the notification on the computer freehold registers required by section 44(b)(ii)
b: to take any other action in relation to the computer freehold registers that is—
i: required by the Director-General of Conservation; and
ii: authorised by the Reserves Act 1977 Land Act 1948
c: if a part of the reserve is revoked,—
i: to ensure that the notification on the computer freehold registers required by section 44(b)(ii)
ii: to comply with paragraph (b).
54: Obligation of Registrar-General of Land
The Registrar-General of Land must comply with any application made in writing by the Director-General of Conservation under section 53
2: Te Kawenata Taiao o Ngāti Whātua o Kaipara
55: Interpretation
In this subpart,— conservation document conservation management plan section 2(1) conservation management strategy section 2(1) freshwater fisheries management plan section 2(1) national park management plan section 2
56: Authority to enter into Te Kawenata
Not later than the settlement date, the Minister of Conservation, the Director-General, and the trustees of the Development Trust must enter into Te Kawenata o Taiao o Ngāti Whātua o Kaipara.
57: Noting of Te Kawenata on conservation documents
1: The Director-General must ensure that a summary of Te Kawenata is noted on every conservation document affecting Te Kawenata Taiao Area (as defined in Te Kawenata).
2: The noting of the summary—
a: is for the purpose of public notice only; and
b: does not amend the conservation documents for the purposes of the Conservation Act 1987 National Parks Act 1980
58: Te Kawenata subject to powers, functions, duties, and rights
1: Te Kawenata does not restrict—
a: the ability of the Crown to exercise its powers and perform its functions and duties in good faith and in accordance with the law and Government policy, which includes (without limitation) the ability to—
i: introduce legislation; and
ii: change Government policy; and
iii: issue a document similar to Te Kawenata to, or to interact with or consult, a person the Crown considers appropriate, including (without limitation) any iwi, hapū, marae, whānau, or other representatives of tangata whenua; or
b: the responsibilities of the Minister of Conservation; or
c: the legal rights of Ngāti Whātua o Kaipara or a representative entity.
2: Te Kawenata does not grant, create, or provide evidence of an estate or interest in, or rights relating to,—
a: land held, managed, or administered under the conservation legislation; or
b: the common marine and coastal area (as defined in section 9(1)
c: fauna or flora managed or administered under the conservation legislation.
3: Statutory acknowledgement
59: Interpretation
In this subpart, unless the context otherwise requires,— affected person section 2AA(2) relevant consent authority statement of association
a: that is made by Ngāti Whātua o Kaipara of their particular cultural, spiritual, historical, and traditional association with the statutory area; and
b: that is in the form set out in part 2 of the documents schedule statutory acknowledgement section 60 statutory area Schedule 3 statutory plan
a: means a district plan, regional coastal plan, regional plan, regional policy statement, or proposed policy statement as those terms are defined in section 43AA
b: includes a proposed plan as defined in section 43AAC
60: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association.
61: 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 sections 62 to 64
b: require relevant consent authorities to provide summaries of resource consent applications or, as the case requires, copies of notices of applications to the trustees in accordance with section 66
c: enable the trustees or any member of Ngāti Whātua o Kaipara to cite the statutory acknowledgement as evidence of the association of Ngāti Whātua o Kaipara with the relevant statutory area, as provided for in section 67 Section 61(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
62: 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
63: 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
64: New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1)
2: In this section, archaeological site section 6 Section 64 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
65: Recording statutory acknowledgement on statutory plans
1: On and from the effective date, a 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: the relevant provisions of sections 60 to 64 66 67
b: the description of statutory areas; and
c: the statements of association.
3: The attachment of information to a statutory plan under this section is for the purpose of public information 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
66: Provision of summaries or notices of certain 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 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 under section 95B
3: The summary must be provided—
a: as soon as is reasonably practicable after an application is received by the relevant consent authority; 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 relevant consent authority receives the notice.
5: The trustees may, by notice in writing to a relevant consent authority,—
a: waive the 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
67: Use of statutory acknowledgement
1: The trustees and any member of Ngāti Whātua o Kaipara may, as evidence of the association of Ngāti Whātua o Kaipara with a statutory area, cite the statutory acknowledgement relating 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, those bodies and persons may take the statutory acknowledgement into account.
4: To avoid doubt,—
a: neither the trustees nor members of Ngāti Whātua o Kaipara are precluded from stating that Ngāti Whātua o Kaipara 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. Section 67(1)(c) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
68: Application of statutory acknowledgement to river, stream, and harbour
In relation to the statutory acknowledgement,— harbour river stream
a: means—
i: a continuously or intermittently flowing body of fresh water, including a modified watercourse; and
ii: the bed of the river or stream; but
b: does not include—
i: a part of the bed of the river or stream that is not owned by the Crown; or
ii: land that the waters of the river or stream do not cover at their fullest flow without overlapping its banks; or
iii: an artificial watercourse; or
iv: a tributary flowing into the river or stream. General provisions relating to statutory acknowledgement
69: 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 Ngāti Whātua o Kaipara with a statutory area than that person would give if there were no statutory acknowledgement for the statutory area.
3: Subsection (2) does not affect the operation of subsection (1).
4: This section is subject to the other provisions of this subpart.
70: 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. Consequential amendment
71: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 Ngāti Whātua o Kaipara Claims Settlement Act 2013 2013-06-13 Resource Management Act 1991
4: Culture and heritage protocol
72: Interpretation
In this subpart,— Minister protocol taonga tūturu
a: has the meaning given in section 2(1
b: includes ngā taonga tūturu defined in section 2(1)
73: Issuing, amending, or cancelling protocol
1: The Minister—
a: must issue the culture and heritage protocol to the trustees on the terms and conditions set out in part 3 of the documents schedule; and
b: may amend or cancel that protocol.
2: The Minister may amend or cancel the protocol at the initiative of either—
a: the trustees; or
b: the Minister.
3: The Minister may amend or cancel the protocol only after consulting, and having particular regard to the views of, the trustees.
74: Protocol subject to rights, functions, and duties
The protocol does 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
ii: change government policy; and
iii: interact with or consult a person who the Crown considers appropriate, including any iwi, hapū, marae, whānau, or other representative of tangata whenua; or
b: the responsibilities of the Minister or the Ministry for Culture and Heritage; or
c: the legal rights of Ngāti Whātua o Kaipara or a representative entity.
75: Limitation of rights under protocol
The protocol does not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, taonga tūturu.
76: Enforcement of protocol
1: The Crown must comply with the protocol while it is in force.
2: If the Crown fails to comply with the 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 the protocol.
4: To avoid doubt,—
a: subsections (1) and (2) do not apply to guidelines developed for the implementation of the 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).
5: Geographic names
77: Interpretation
In this subpart,— Board section 7 NZGB Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 official geographic name section 4
78: New official geographic names of features
1: A name specified in the first column of the table in clause 5.15.1 of the deed of settlement for a feature described in the second and third columns of that table is assigned to that feature.
2: A name specified in the first column of the table in clause 5.15.2 of the deed of settlement for a feature is altered to the name specified for the feature in the second column of that table.
3: Each assignment or alteration under this section is to be treated as if it were the assignment or alteration of the official geographic name, by a determination of the Board under section 19
79: Publication of new official geographic name
1: The Board must, as soon as practicable after the settlement date, give public notice of each assignment or alteration of a name under section 78 section 21(2) and (3)
2: The notice must state that the assignment or alteration took effect on the settlement date.
80: Alteration of new official geographic names
1: In making a determination to alter an official geographic name assigned or altered 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: To avoid doubt, the Board must give public notice of the determination in accordance with section 21(2) and (3)
81: Name change for Crown protected area
The name of Lake Ototoa Scenic Reserve is changed to Rototoa/Lake Rototoa Scenic Reserve.
3: Commercial redress
82: Interpretation
In this Part,— Auckland Prison Housing Block Housing Block commercial redress property
a: Woodhill Forest; and
b: any purchased Riverhead Forest property, purchased in accordance with clause 6.1.2(b) of the deed of settlement; and
c: the non-forest commercial properties; but
d: does not include any purchased non-forest commercial properties Crown forest land section 2(1) Crown forestry licence
a: has the meaning given in section 2(1)
b: in relation to the licensed land, means the licence described in the third column of the tables in parts 3 and 4 of the property redress schedule Crown forestry rental trust section 34 Crown forestry rental trust deed section 34 effective Housing Block purchase notice effective Riverhead Forest property purchase notice land holding agency
a: for Woodhill Forest, LINZ:
b: for each non-forest commercial property, the land holding agency specified for the property in subpart A of part 3 of the property redress schedule:
c: for a Riverhead Forest property, LINZ:
d: for the Housing Block, the Department of Corrections leaseback property
a: Kaipara College:
b: Kaukapakapa School:
c: Parakai School:
d: Tauhoa School:
e: Waimauku School:
f: Woodhill School licensed land
a: Woodhill Forest as described in subpart A of part 3 of the property redress schedule; and
b: any purchased Riverhead Forest property licensee licensor non-forest commercial property ownership transfer date
a: for a commercial redress property, the settlement date; and
b: for a purchased non-forest commercial property, the actual transfer date for that property; and
c: for the purchased Riverhead Forest property, if it is not a commercial property, the actual transfer date for the property; and
d: for the Housing Block, the actual transfer date for the property purchased non-forest commercial property purchased Riverhead Forest property Riverhead Forest property
a: means the land of each of the following 5 properties, being in each case the land described by that name in part 4 of the property redress schedule:
i: Riverhead Forest selection unit 1:
ii: Riverhead Forest selection unit 2:
iii: Riverhead Forest selection unit 3:
iv: Riverhead Forest selection unit 4:
v: Riverhead Forest selection unit 5; but
b: excludes, to the extent provided 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 acquired by a purchaser of trees on the land or made, after the acquisition of the trees, by the purchaser or the licensee transfer property
a: each commercial redress property transferred in accordance with clause 6.1.2 of the deed of settlement; and
b: any purchased non-forest commercial property transferred in accordance with clause 6.2.3 of the deed of settlement; and
c: any purchased Riverhead Forest property transferred in accordance with paragraph 6.12.3(b) of the property redress schedule); and
d: the Housing Block, transferred in accordance with paragraph 7.11.2(d) of the property redress schedule Woodhill Forest
a: means the land described by that name in subpart A of part 3 of the property redress schedule; but
b: excludes, to the extent provided by the Crown forestry licence in relation to the land,—
i: all trees growing, standing, or lying on the land; and
ii: all improvements that have been acquired by a purchaser of trees on the land or made, after the acquisition of the trees, by the purchaser or the licensee.
1: Transfer properties
83: The Crown may transfer properties
1: To give effect to part 6 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 transfer property, including—
i: to the trustees:
ii: to the trustees as tenants in common with another person:
iii: in the case of the Housing Block, to 1 or more governance entities giving an effective Housing Block purchase notice or to a Housing Block nominee; and
b: sign a transfer instrument or other document, or do anything else necessary to effect the transfer.
2: In this section,— governance entity
a: the trustees:
b: the TKaM governance entity Housing Block nominee
84: Minister of Conservation may grant easements
1: The Minister of Conservation may grant a right of way easement over a conservation area, as required under the deed of settlement.
2: An easement granted under subsection (1) 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)
85: Registrar-General to create computer freehold register
1: This section applies to—
a: each transfer property that is to be transferred under section 83
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: licensed land that is subject to a single Crown forestry licence.
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; or
b: in the case of the Housing Block, if so required by the written application, create 2 computer freehold registers for the fee simple estate in the property in the name of the Crown, each for an undivided specified share of the fee simple estate in the Housing Block.
3: If the written application referred to in subsection (2) so requires, the Registrar-General must—
a: record on the register any interests that are registered, notified, or notifiable and that are described in the written application; but
b: omit from the register any statement of purpose.
4: Subsections (2) and (3) are subject to the completion of any survey necessary to create a computer freehold register.
5: The authorised person may grant a covenant for the later creation of a computer freehold register for any land transferred to the trustees.
6: Despite the Land Transfer Act 1952
a: the authorised person may request the Registrar-General to register a covenant (as provided for in subsection (5)) under the Land Transfer Act 1952
b: the Registrar-General must register the covenant in accordance with paragraph (a).
7: In this section, authorised person
86: Application of other enactments
1: This section applies to the transfer to the trustees (including any transfer to the trustees as tenants in common with another person) of a transfer 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; or
b: a matter incidental to, or required for the purpose of, that transfer.
6: In exercising the powers conferred by section 83
7: Subsection (4) does not limit subsection (2) or (3).
2: Licensed land
87: Licensed land ceases to be Crown forest land
1: Licensed land ceases to be Crown forest land on the registration of the transfer of the fee simple estate in the land to the trustees.
2: However, although licensed land does not cease to be Crown forest land until the transfer of the fee simple estate in the land to the trustees is registered, neither the Crown nor any court or tribunal may do any thing or omit to do any thing between the settlement date and the date of registration if that act or omission would be—
a: consistent with the Crown Forest Assets Act 1989
b: inconsistent with the deed of settlement.
88: Trustees to be confirmed beneficiaries and licensors
1: The trustees are, in relation to the licensed land, the confirmed beneficiaries under clause 11.1 of the Crown forestry rental trust deed.
2: The effect of subsection (1) is that—
a: the trustees are entitled to the rental proceeds payable since the commencement of the Crown forestry licence; and
b: all the provisions of the Crown forestry rental trust deed apply on the basis that the trustees are the confirmed beneficiaries.
3: The trustees are the licensors under the Crown forestry licence as if the licensed land had been returned to Māori ownership—
a: on the ownership transfer date for the land; and
b: under section 36
89: Notice under Crown Forest Assets Act 1989
1: The Crown must give notice under section 17(4)(b) section 8HB(1)(a)
2: Notice given by the Crown under subsection (1) 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 ownership transfer date for the land.
3: However, section 36(1)(b)
90: Effect of transfer of licensed land
1: Sections 88 89
a: the transfer of the fee simple estate in the licensed land has been registered; or
b: the processes described in clause 17.4 of the Crown forestry licence (which relates to licence-splitting processes) have been completed.
2: To the extent that the Crown has not completed the processes referred to in subsection (1)(b) before the ownership transfer date, it must continue those processes—
a: on and after the ownership transfer date; and
b: until the processes are completed.
3: For the period from the ownership transfer date until the completion of the processes referred to in subsections (1) and (2), the licence fee payable under the Crown forestry licence in respect of the licensed land is the amount calculated in accordance with paragraphs 10.24 and 10.25 of the property redress schedule.
4: With effect from the ownership transfer date, references to the prospective proprietors in clause 17.4 of the Crown forestry licence must, in relation to the licensed land, be read as if they were references to the trustees.
3: Access to protected sites
91: Interpretation
In this subpart,— 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 right of access section 92 Section 91 protected site amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 91 protected site replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
92: 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 a right of occupancy to, that land must allow access across the land to each protected site to Māori for whom the protected site is of special spiritual, cultural, or historical significance.
2: A right of access may be exercised by vehicle or by foot over any reasonably convenient routes specified by the owner.
3: A right of access is subject to the following conditions:
a: the right of access applies on and after the ownership transfer date for the land; and
b: 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
c: the right of access may be exercised only at reasonable times during daylight hours; and
d: 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.
93: Right of access subject to Crown forestry licence
1: A right of access is subject to the terms of any Crown forestry licence, unless the licensee has agreed to the exercise of the right of access.
2: An amendment to a Crown forestry licence will be of no effect to the extent that it purports to—
a: delay the date from which a person who has a right of access may exercise that right; or
b: otherwise adversely affect the right of access.
94: Notation on computer freehold register
1: The Registrar-General must, in accordance with a written application by an authorised person, record on the computer freehold register for the licensed land that the land is, or may at any future time be, subject to section 92
2: An application must be made as soon as is reasonably practicable after the ownership transfer date.
3: However, if a computer freehold register has not been created by the ownership transfer date, an application must be made as soon as is reasonably practicable after the register has been created.
4: In this section, unless the context otherwise requires, authorised person
4: Right of first refusal over RFR land
Interpretation
95: Interpretation
In this subpart and Schedule 4 approving Marutūāhu settlement legislation
a: approves as redress for Marutūāhu the rights to non-exclusive RFR land provided by or under this subpart to the Marutūāhu governance entity; and
b: provides that those rights may be exercised by the Marutūāhu governance entity on and from the settlement date defined in the Marutūāhu settlement legislation approving TKaM settlement legislation
a: approves as redress for TKaM the rights to Auckland Prison provided by or under this subpart to the TKaM governance entity; and
b: provides that those rights may be exercised by the TKaM governance entity on and from the settlement date defined in the TKaM settlement legislation Auckland Prison
a: means the land described as Paremoremo Prison in part 5 of the attachments if, on the RFR date for the Auckland Prison,—
i: the land is vested in the Crown; or
ii: the fee simple estate is held by the Crown; and
b: includes land obtained in exchange for a disposal of Auckland Prison under section 111 112 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, a fixture, or a fitting from the land exclusive RFR area exclusive RFR land section 97(1) expiry date sections 100(a) 101 governance entity
a: the trustees:
b: the TKaM governance entity:
c: the Marutūāhu governance entity Marutūāhu deed of settlement Marutūāhu governance entity Marutūāhu settlement legislation non-exclusive RFR land section 97(1) notice offer section 100 public work section 2 RFR date section 98
a: exclusive RFR land:
b: Auckland Prison:
c: non-exclusive RFR land RFR land section 96 RFR land nominee section 104(3) RFR landowner
a: means the Crown, if the land is vested in the Crown or the Crown holds the fee simple estate in the land; and
b: means a Crown body, if the body holds the fee simple estate in the land; and
c: includes a local authority to which RFR land has been disposed of under section 106(1)
d: to avoid doubt, does not include an administering body in which RFR land is vested—
i: on the settlement date; or
ii: after the settlement date, under section 107(1) RFR period
a: the exclusive RFR land and non-exclusive RFR land, is 169 years from the RFR date for that land; and
b: Auckland Prison, is 170 years from the RFR date for that land State highway section 5(1) Te Kawerau ā Maki deed of settlement TKaM deed of settlement Te Kawerau ā Maki governance entity TKaM governance entity Te Kawerau ā Maki settlement legislation TKaM settlement legislation
96: Meaning of RFR land
1: In this subpart, RFR land
a: the exclusive RFR land; and
b: Auckland Prison; and
c: the non-exclusive RFR land.
2: Land ceases to be RFR land if—
a: the fee simple estate in the land is transferred from the RFR landowner to—
i: a governance entity or its nominee (for example, under section 104
ii: any other person (including the Crown or a Crown body) under section 99(1)(c)
b: the fee simple estate in the land is transferred from the RFR landowner to, or vests in, a person other than the Crown or a Crown body—
i: under any of sections 105 to 115
ii: under section 116(1)
c: for non-exclusive RFR land, notice is given under section 97(2)
d: the RFR period ends.
97: Meaning of exclusive RFR land and non-exclusive RFR land
1: In this subpart,— exclusive RFR land
a: means land in the exclusive RFR area if, on the settlement date,—
i: the land is vested in the Crown; or
ii: the fee simple estate in the land is held by the Crown; and
b: includes land in the area marked A Reserves Act 1977 section 25 27
c: includes land obtained in exchange for a disposal of exclusive RFR land under section 111 112
d: includes the land described in part 7 of the attachments; but
e: does not include—
i: land in the area marked B
ii: a transfer property non-exclusive RFR land
a: means land described in part 6 of the attachments if, on the RFR date for that land,—
i: the land is vested in the Crown; or
ii: the fee simple estate in the land is held by the Crown; and
b: includes land obtained in exchange for a disposal of non-exclusive RFR land under section 111 112
c: does not include non-exclusive RFR land in respect of which notice is given under subsection (2).
2: The Minister for Treaty of Waitangi Negotiations may, before the settlement date, give notice that non-exclusive RFR land is not to be, or is to cease to be, non-exclusive RFR land—
a: to the trustees; and
b: to the Marutūāhu governance entity, if approving Marutūāhu settlement legislation is enacted. Application of this subpart
98: When this subpart comes into effect
The provisions of this subpart come into effect as follows:
a: for the exclusive RFR land, on the settlement date; and
b: for Auckland Prison, if the settlement date under approving TKaM settlement legislation—
i: occurs before or on the settlement date under this Act, on that date; or
ii: has not occurred before or on that settlement date, on the earlier of—
A: the date that is 36 months after the settlement date under this Act:
B: the settlement date under the approving TKaM settlement legislation; and
c: for the non-exclusive RFR land, if the settlement date under approving Marutūāhu settlement legislation—
i: occurs before or on the settlement date under this Act, on that date; or
ii: has not occurred before or on that settlement date, on the earlier of—
A: the date that is 36 months after the settlement date under this Act:
B: the settlement date under the approving Marutūāhu settlement legislation. Restrictions on disposal
99: Restrictions on disposal of RFR land
1: An RFR landowner must not dispose of RFR land to a person other than to the trustees or a governance entity referred to in subsection (3)(b) or (4)(b) (or the RFR land nominee of a governance entity) unless the land is disposed of—
a: under any of sections 105 to 115
b: under section 116(1)
c: in accordance with subsection (2).
2: An RFR landowner may dispose of RFR land to any person within 2 years after the expiry date of an offer made by an RFR landowner if the offer was,—
a: in the case of exclusive RFR land, made by notice to the trustees:
b: in the case of Auckland Prison, made by notice in accordance with subsection (3):
c: in the case of non-exclusive RFR land, made by notice in accordance with subsection (4).
3: In the case of Auckland Prison, notice must be given, if the settlement date under the TKaM settlement legislation—
a: has not occurred at the date of the offer, to the trustees; or
b: has occurred at the date of the offer, to the trustees and the TKaM governance entity.
4: In the case of non-exclusive RFR land, notice must be given if the settlement date under the Marutūāhu settlement legislation—
a: has not occurred at the date of the offer, to the trustees; or
b: has occurred at the date of the offer, to the trustees and the Marutūāhu governance entity.
5: In every case where notice has been given under subsection (2)(a), (3), or (4), the offer must—
a: have been made in accordance with section 100
b: have been made on terms that are the same as, or more favourable to the relevant governance entity than, the terms of the disposal to the other person; and
c: not have been withdrawn under section 102
d: not have been accepted under section 103 Rights of first refusal of governance entities
100: Requirements for offer
An offer by an RFR landowner to dispose of RFR land must be made by notice that specifies—
a: the terms of the offer, including its expiry date (which must comply with section 101
b: the legal description of the land, including any interests affecting it; and
c: the reference for any computer register for the land; and
d: a statement that identifies the RFR land as exclusive RFR land or non-exclusive RFR land; and
e: a street address for the land (if applicable); and
f: a street address, postal address, and fax number for the trustees of the governance entity to which the offer is made to give notices to the RFR landowner in relation to the offer.
101: Expiry date of offer
1: The expiry date of an offer must be on or after the date that is 40 working days after the date on which the governance entity receives notice of the offer.
2: However, the expiry date of an offer may be on or after the date that is 20 working days after the governance entity receives notice of the offer if—
a: the governance entity received an earlier offer; and
b: the expiry date of the earlier offer was not more than 6 months before the expiry date of the later offer; and
c: the earlier offer was not withdrawn.
3: If section 103(3)
102: Withdrawal of offer
The RFR landowner may, by notice to the relevant governance entity, withdraw an offer at any time before it is accepted.
103: Acceptance of offer
1: The trustees may, by notice (the acceptance notice section 99(2)(a), (3)(a), or (4)(a)
2: However, an acceptance notice may be given by only 1 of the governance entities to which the offer was made under section 99(3)(b) or (4)(b)
3: If the RFR landowner receives acceptance notices before the expiry date from both governance entities to which the offer was made, the RFR landowner must, not later than 10 working days after receiving the notices, give notice to both governance entities, advising that—
a: acceptance notices have been received from both governance entities; and
b: the offer may be accepted by only 1 of the governance entities to which it was made; and
c: for an offer to be accepted, 1 notice of acceptance from 1 (but not both) of the governance entities must be received by the RFR landowner not later than 20 working days after the date that both governance entities receive this notice.
4: If a governance entity accepts an offer, it must accept all the RFR land offered, unless the offer permits it to accept less.
5: An offer may be accepted under this section only if—
a: the offer has not been withdrawn; and
b: the expiry date of the offer has not passed.
104: Formation of contract
1: If the trustees accept an offer under section 103
a: a contract between the RFR landowner and the trustees for the disposal of the RFR land is formed on the terms in the offer; and
b: the terms of the contract may be varied by written agreement between the RFR landowner and the trustees.
2: Subsection (1) applies, with the necessary modifications, if—
a: the TKaM governance entity accepts an offer to dispose of Auckland Prison; or
b: the Marutūāhu governance entity accepts an offer to dispose of non-exclusive RFR land.
3: A governance entity may, in a contract made under this section, nominate another person to whom the RFR land may be transferred (the nominee
4: A governance entity may nominate a nominee only if—
a: the nominee is lawfully able to hold the RFR land; and
b: notice in respect of the nominee is given 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 given under subsection (4) 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 a governance entity nominates a nominee, the governance entity remains liable for the obligations of the transferee under the contract. Certain disposals permitted but land remains RFR land
105: 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 105(2) amended 1 August 2020 section 668 Education and Training Act 2020
106: 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.
107: 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. Certain disposals permitted but land ceases to be RFR land
108: 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.
109: Disposal in accordance with legal or equitable obligation
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.
110: Disposal by the Crown under certain legislation
The Crown may dispose of RFR land in accordance with—
a: section 54(1)(d)
b: section 355(3)
c: section 34
111: 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)
112: Disposal for reserve or conservation purposes
An RFR landowner may dispose of RFR land in accordance with—
a: section 15
b: section 16A 24E
113: Disposal for charitable purposes
An RFR landowner may dispose of RFR land as a gift for charitable purposes.
114: 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 of 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 as a renewal of a lease granted before that date; or
c: under section 93(4)
115: Disposal by Housing New Zealand Corporation
1: Housing New Zealand Corporation or any of its subsidiaries may dispose of the Hobsonville land if—
a: that land is Crown-owned land held for State housing purposes at Hobsonville; and
b: the Minister of Housing has given notice to the trustees that, in the Minister's opinion, the purpose of the disposal is to achieve, or to assist in achieving, the Crown's social objectives in relation to housing or services related to housing.
2: In this section, Hobsonville land RFR landowner obligations
116: RFR landowner’s obligations under this subpart
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 but, in the case of a Crown body, the obligations apply despite the purpose, functions, or objectives of the Crown body; and
b: any encumbrance or legal or equitable obligation—
i: that prevents or limits an RFR landowner’s disposal of RFR land to a governance entity; 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: For the purposes of subsection (1)(b)(ii), reasonable steps do not include steps to promote the passing of an enactment.
3: This subpart does not limit subsection (1). Notices about RFR land
117: Notice to LINZ of creation of computer register after settlement date
1: If a computer register is first created for RFR land after the RFR date for the relevant RFR 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 reference for the computer register and a legal description of the land.
118: Notice to governance entities of disposals of RFR land to others
1: An RFR landowner must give notice of any disposal,—
a: in the case of exclusive RFR land, to the trustees, if the disposal is to a person other than those trustees; and
b: in the case of Auckland Prison, to the trustees and the TKaM governance entity, if the disposal is to a person other than those trustees or that governance entity; and
c: in the case of non-exclusive RFR land, to the trustees and the Marutūāhu governance entity, if the disposal is to a person other than those trustees or that governance entity.
2: The notice must be given on or before the date that is 20 working days before the disposal.
3: The notice must—
a: specify the legal description of the land and any interests affecting it; and
b: identify any computer register that contains the land; and
c: specify the street address for the land (if applicable); and
d: identify the person to whom the land is being disposed of; and
e: explain how the disposal complies with section 99(1)
f: if the disposal is made under section 99(2)
4: The requirement under subsection (1)(b) and (c) to notify the TKaM governance entity and the Marutūāhu governance entity respectively applies only if, before the date of the notice, as the case may require, relevant approving settlement legislation has been enacted.
119: Notice to governance entities if disposal of certain RFR land being considered
1: This section applies if an RFR landowner is considering whether to dispose, in a way that may require an offer under this subpart, of—
a: Auckland Prison:
b: non-exclusive RFR land.
2: The RFR landowner must give notice to any governance entity to which the offer would be made under this subpart if the land were to be disposed of.
3: The notice must—
a: specify the legal description of the land; and
b: identify any computer register that contains the land; and
c: specify the street address for the land or, if it does not have a street address, include a description or a diagram with enough information to enable a person not familiar with the land to locate and inspect it.
4: To avoid doubt, a notice given under this section does not, of itself, mean that an obligation has arisen under—
a: section 564(3) Education and Training Act 2020 sections 40 to 42 Education and Training Act 2020
b: sections 23(1) 24(4)
c: section 40 Section 119(4)(a) amended 1 August 2020 section 668 Education and Training Act 2020
120: Notice to LINZ of land ceasing to be RFR land
1: Notice must be given in accordance with this section if, after the RFR date,—
a: any RFR land contained in a computer register is to cease to be RFR land under section 96(2)
b: any non-exclusive RFR land contained in a computer register is to cease to be non-exclusive RFR land under section 97(2)
2: The RFR landowner must give notice to the chief executive of LINZ—
a: that the land is to cease being RFR land; and
b: that specifies the legal description of the land; and
c: that identifies the computer register that contains the land.
3: A notice given under subsection (1)(a) must—
a: be given as early as practicable before the transfer or vesting; and
b: specify the details of the transfer or vesting of the land that will result in the land ceasing to be RFR land.
4: A notice given under subsection (1)(b) must—
a: be given as early as practicable after the land ceases to be RFR land; and
b: include a copy of the notification given by the Minister for Treaty of Waitangi Negotiations under section 96(3)
121: Notice requirements
Schedule 4
a: an RFR landowner; or
b: a governance entity. Notations identifying RFR land
122: Notations to be 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 and that becomes RFR land after the RFR date for the land.
2: A certificate must be issued as soon as is reasonably practicable after—
a: the RFR date for the land, in the case of RFR land for which there is a computer register on that date; or
b: receiving a notice under section 117
3: Each certificate must state that it is issued under this section.
4: The chief executive must provide a copy of each certificate, as soon as is reasonably practicable after issuing the certificate, if the certificate—
a: is for exclusive RFR land, to the trustees:
b: is for the Auckland Prison,—
i: to the trustees; and
ii: if approving TKaM settlement legislation has been enacted, to the TKaM governance entity:
c: is for non-exclusive RFR land,—
i: to the trustees; and
ii: if approving Marutūāhu settlement legislation has been enacted, to the Marutūāhu governance entity.
5: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, record as a memorial on the computer register for the RFR land identified in the certificate that the land is—
a: RFR land as defined in section 96
b: subject to this subpart (which restricts disposal, including leasing, of the land).
123: Removal of notations 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 given under section 120(1)(a)
a: specifies the legal description of the land; and
b: identifies the computer register for the land; and
c: specifies the details of the transfer or vesting of the land; and
d: states that it is issued under this section.
2: The chief executive of LINZ must, as soon as is reasonably practicable after receiving a notice given under section 120(1)(b)
a: specifies the legal description of the land described in the notice; and
b: identifies the computer register that contains the land; and
c: includes a copy of the notice given under section 97(2)
d: states that it is issued under this section.
3: The chief executive must provide a copy of each certificate, as soon as is reasonably practicable after issuing the certificate, in accordance with the requirements of section 122(4)
4: If the Registrar-General receives a certificate issued under subsection (1) or (2), the Registrar-General must remove any memorial recorded under section 122
a: immediately before registering the transfer or vesting described in the certificate, if the certificate is issued under subsection (1); and
b: as soon as is reasonably practicable after receiving the certificate, if the certificate is issued under subsection (2).
124: Removal of notations 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—
a: identifies each computer register that still has a memorial recorded on it under section 122
b: states that it is issued under this section.
2: The chief executive must provide a copy of each certificate as soon as is reasonably practicable after issuing it, in accordance with the requirements of section 122(4)
3: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under this section, remove any memorial recorded under section 122 General provisions
125: Waiver and variation
1: A governance entity may, by notice to an RFR landowner, waive any or all of the rights the governance entity has in relation to the landowner under this subpart.
2: An RFR landowner and the governance entity may agree in writing to vary or waive any of the rights each has in relation to the other under this subpart.
3: The following entities may agree in writing that one of them may exercise any right provided for by this subpart that may be exercised by both of them or by the other:
a: the trustees and the TKaM governance entity:
b: the trustees and the Marutūāhu governance entity.
4: A waiver or an agreement under this section is on the terms, and applies for the period, specified in it.
126: 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: Notices must be given 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 they are the trustees of a trust, the name of the trust; and
d: specifying the street address, postal address, fax number, or email address for notices to the assignees.
3: This subpart and Schedule 4
4: In this section,— constitutional documents RFR holder
a: they are the trustees; or
b: they have previously been assigned those rights and obligations under this section.
127: 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.
4: Other redress
128: Helensville land vested
1: In this section, Helensville land Gazette
2: The fee simple estate in the Helensville land vests in the trustees of the Development Trust.
3: Sections 16 17 31 to 34
4: LINZ is the land holding agency for the Helensville land.
129: 23 Commercial Road/1 Rata Street and 3 Rata Street vested
1: In this section, the land at 23 Commercial Road/1 Rata Street and 3 Rata Street is the land at that location, in the North Auckland Land District, described as follows:
a: 0.0455 hectares, more or less, being Section 1B Block XIV Kaipara Survey District. All computer freehold register NA 171/281; and
b: 0.1687 hectares, more or less, being Part Section 1C Block XIV Kaipara Survey District. Balance computer freehold register NA 958/23.
2: The reservation of the part of the land at 23 Commercial Road/1 Rata Street and 3 Rata Street that is reserved—
a: as a park, public garden, and recreation ground subject to the Reserves Act 1977
b: as a library site subject to the Reserves Act 1977
3: The fee simple estate in the land at 23 Commercial Road/1 Rata Street and 3 Rata Street vests in the trustees of the Development Trust.
4: The vesting by subsection (3) does not include any improvements on the land that are owned by the Auckland Council.
5: Sections 16 17 31(5) 32 to 34
6: The Registrar-General must, in accordance with a written application from the Secretary for Justice,—
a: register the trustees of the Development Trust as the proprietors of the fee simple estate in the land described in subsection (1); and
b: record any entry on the computer freehold register, and do anything else that is necessary to give effect to this section and part 7 of the deed of settlement. |
DLM5560800 | 2013 | Reserve Bank of New Zealand Amendment Act 2013 | 1: Title
This Act is the Reserve Bank of New Zealand Amendment Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
Sections 4 5 Reserve Bank of New Zealand Act 1989 principal Act 2013-09-04 Reserve Bank of New Zealand Act 1989
4: Section 69 amended (Register)
After section 69(2)
2A: The register must include—
a: the name of each registered bank; and
b: the current rating of each registered bank under section 80 (if any); and
c: any other prescribed information.
5: Section 173 amended (Regulations)
After section 173(f)
fa: prescribing information for the purposes of section 69(2A)(c) . |
DLM1419000 | 2013 | Patents Act 2013 | 1: Title
This Act is the Patents Act 2013.
2: Commencement
1: The following provisions of this Act come into force on the day after the date on which this Act receives the Royal assent:
a: section 1
b: Part 1
c: subpart 3
d: subpart 5
e: section 266(1) Patents Act 1953
2: The rest of this Act comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
3: To the extent that it is not previously brought into force under subsection (1) or (2), the rest of this Act comes into force on the first anniversary of the date on which this Act receives the Royal assent.
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(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary
Purposes and overview
3: Purposes
The purposes of this Act are to—
a: provide an efficient and effective patent system that—
i: promotes innovation and economic growth while providing an appropriate balance between the interests of inventors and patent owners and the interests of society as a whole; and
ii: complies with New Zealand’s international obligations; and
b: ensure that a patent is granted for an invention only in appropriate circumstances by—
i: establishing appropriate criteria for the granting of a patent; and
ii: providing for procedures that allow the validity of a patent to be tested; and
c: provide greater certainty for patent owners and the users of patented inventions that patents will be valid after they are granted; and
d: address Māori concerns relating to the granting of patents for inventions derived from indigenous plants and animals or from Māori traditional knowledge; and
e: ensure that New Zealand’s patent legislation takes account of developments in the patent systems of other countries ; and
f: regulate the provision of patent attorney services by giving effect to the joint registration regime with Australia. Section 3(e) amended 24 February 2017 section 8 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Section 3(f) inserted 24 February 2017 section 8 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
4: Overview
1: In this Act,—
a: this Part specifies the purposes of this Act and defines terms and expressions used in this Act; and
b: Part 2
c: Part 3
d: Part 4
e: Part 5 ; and
f: Part 6
2: Subsection (1) is intended only as a guide to the general scheme and effect of this Act.
3: Section 4(1)(e) amended 24 February 2017 section 8 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Section 4(1)(f) inserted 24 February 2017 section 8 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Section 4(3) repealed 24 February 2017 section 8 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Interpretation
5: Interpretation
1: In this Act, unless the context otherwise requires,— applicant
a: means a person who has applied for a patent for an invention; and
b: includes a person in whose favour a direction has been given under section 28(2)(b)(i) 129 131(1)(a) assignee basic application Budapest Treaty
a: means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure signed at Budapest on 28 April 1977, together with the regulations annexed to that treaty; and
b: includes any amendments, modifications, and revisions from time to time made to that treaty or those regulations, being amendments, modifications, and revisions to which New Zealand is a party and by which New Zealand is bound claim Commissioner
a: means the Commissioner of Patents appointed under section 217
b: includes an Assistant Commissioner of Patents appointed under section 217 convention applicant
a: has made the basic application; or
b: is the assignee of the person who made the basic application; or
c: is the personal representative of a person mentioned in paragraph (a) or (b); or
d: has the consent of a person mentioned in paragraph (a), (b), or (c) to make a convention application based on that basic application convention application section 53(1) convention country section 246 court date of the publication of the accepted complete specification section 74 depositary institution exclusive licence section 18 exploit section 18 file filing date
a: the date on which the document is filed; or
b: the date on which the document is treated as having been filed (if it is treated under this Act or the regulations as having been filed on a different date) government department integrated circuit
a: the elements of the circuit and some or all of the interconnections are integrally formed in or on a piece of material; and
b: at least one of the elements of the circuit is an active element; and
c: the circuit is intended to perform an electronic function interested party international application International Bureau international depositary authority international filing date inventive step section 7 inventor
a: in relation to an invention, means the actual deviser of the invention; but
b: in section 9 section 9(2) IPONZ journal section 206 licence section 18 main invention section 106 Māori advisory committee section 225 Minister Ministry nominated person novel section 6 patent patent application patent area
a: New Zealand; and
b: all waters within the outer limits of the territorial sea of New Zealand (as defined by section 3
c: the airspace above New Zealand and those waters patent attorney registered patent attorney section 269(1) Patent Cooperation Treaty
a: means the Patent Cooperation Treaty signed at Washington on 19 June 1970; and
b: includes any amendments, modifications, and revisions from time to time made to that Treaty, being amendments, modifications, and revisions to which New Zealand is a party and by which New Zealand is bound patent date section 103 patent of addition sections 106 to 111 patentable invention section 14 patented process patented product patentee patents register section 194 personal representative
a: means a person to whom probate of the will of the deceased person, letters of administration of the estate of the deceased person, or any other similar grant, has been granted, whether in New Zealand or anywhere else; but
b: does not include a person referred to in paragraph (a) if, under the terms of the grant, the person is not entitled to do an act in relation to which the expression is used prescribed prescribed depositary institution
a: an international depositary authority, whether in or outside New Zealand; or
b: any other depositary institution in New Zealand that is prescribed for the purposes of this paragraph prior art base section 8 prior art priority date subpart 5 publicly notify publish receiving Office regulations relevant proceeding
a: for infringement of the patent; or
b: for the revocation of the patent; or
c: in which the validity of the patent, or of a claim, is in dispute rules relating to micro-organisms
a: the provisions of the Budapest Treaty that are applicable; and
b: the provisions of the regulations that relate to micro-organisms Statute of Monopolies Treaty application
a: that contains a request specifying New Zealand as a designated State under Article 4(1)(ii) of the Patent Cooperation Treaty; and
b: that has been given an international filing date Treaty regulations
a: means the regulations made under the Patent Cooperation Treaty; and
b: includes any amendments from time to time made to those regulations TRIPS agreement useful section 10
2: In the case of an entity that is a convention country but is not a State, part of a State, or a territory for whose international relations a State is responsible,—
a: a reference in this Act to an application for protection in a country or an application for protection in respect of a country must be read as a reference to an application for protection under the rules of the entity; and
b: a reference in this Act to filing a specification in a convention country must be read as a reference to filing a specification under the rules of the entity; and
c: a reference in this Act to the law of a convention country must be read as a reference to the rules of the entity; and
d: a reference in this Act to the Government of a convention country must be read as a reference to the governing body of the entity.
3: The Commissioner may comply with any requirement in this Act for the Commissioner to publicly notify
a: publishing it on an Internet site maintained for IPONZ’s purposes; and
b: if the Commissioner thinks fit, also publishing it by any other means that the Commissioner considers appropriate to make it known to persons that are likely to have an interest in the matter.
4: Any requirement in this Act for the Commissioner to publish
5: An example used in this Act has the following status:
a: the example is only illustrative of the provision to which it relates and does not limit the provision; and
b: if the example and the provision to which it relates are inconsistent, the provision prevails. 1953 No 64 s 2 Section 5(1) patent attorney replaced 24 February 2017 section 8 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Section 5(1) register of patent attorneys patent attorneys register repealed 24 February 2017 section 8 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
6: Meaning of novel
An invention, so far as claimed in a claim, is novel Patents Act 1977 s 2(1) (UK)
7: Meaning of inventive step
An invention, so far as claimed in a claim, involves an inventive step Patents Act 1977 s 3 (UK)
8: Meaning of prior art base
1: For the purpose of deciding whether or not an invention is novel and for the purpose of deciding whether or not an invention involves an inventive step, the prior art base
2: For the purpose of deciding whether or not an invention is novel, the prior art base
a: if the information is, or were to be, the subject of a claim of that complete specification, the claim has, or would have, a priority date earlier than that of the claim under consideration; and
b: that complete specification became open to public inspection after the priority date of the claim under consideration; and
c: the information was contained in that complete specification on its filing date and when it became open to public inspection. Patents Act 1977 s 2(2) (UK)
9: Disclosure to be disregarded in certain circumstances
1: For the purposes of section 8
a: that disclosure occurred during the 1-year period immediately preceding the filing date of the patent application and the disclosure was due to, or made in consequence of, the matter having been obtained unlawfully or in breach of confidence by a person from—
i: the inventor; or
ii: any other person to whom the matter was made available in confidence by the inventor; or
iii: any other person who obtained it from the inventor because the person or the inventor believed that the person was entitled to obtain it; or
iv: any other person to whom the matter was made available in confidence by any person referred to in subparagraphs (i) to (iii) or in this subparagraph; or
v: any other person who obtained it from any person mentioned in subparagraphs (i) to (iv) because the person or the person from whom the person obtained it believed that the person was entitled to obtain it:
b: that disclosure occurred during the 1-year period immediately preceding the filing date of the patent application and the disclosure was made in breach of confidence by a person who obtained the matter in confidence from the inventor or from any other person to whom it was made available by, or who obtained it from, the inventor:
c: that disclosure was due to the communication of the matter to a government department or to any person authorised by a government department to investigate the invention or its merits, or to anything done, in consequence of that communication, for the purpose of the investigation:
d: that disclosure occurred during the 6-month period immediately preceding the filing date of the patent application and that disclosure was due to, or made in consequence of,—
i: the display of the invention with the consent of the inventor at a specified exhibition; or
ii: the use of the invention with the consent of the inventor for the purposes of a specified exhibition in the place where it is held; or
iii: the publication of any description of the invention in consequence of its display or use at a specified exhibition as referred to in subparagraph (i) or (ii); or
iv: the use of the invention, after it has been displayed or used at a specified exhibition as referred to in subparagraphs (i) and (ii) and during the period of the exhibition, by any person without the consent of the inventor:
e: that disclosure was due to, or made in consequence of, the invention being publicly worked, at any time during the 1-year period immediately preceding the filing date of the patent application, by any of the following persons if the working was effected for the purpose of reasonable trial only and if it was reasonably necessary, having regard to the nature of the invention, that the working for that purpose should be effected in public:
i: the patentee or nominated person:
ii: any person from whom the patentee or nominated person derives title:
iii: any person with the consent of the patentee or nominated person:
iv: any person with the consent of any person from whom the patentee or nominated person derives title.
f: that disclosure occurred during the 1-year period immediately preceding the patent date and the disclosure was made by any of the following persons:
i: the patentee or nominated person:
ii: any person from whom the patentee or nominated person derives title:
iii: any person with the consent of the patentee or nominated person:
iv: any person with the consent of any person from whom the patentee or nominated person derives title.
2: For the purposes of this section,— inventor
a: means the actual deviser of the invention; and
b: includes any owner of the invention at the relevant time specified exhibition 1953 No 64 s 60 Section 9(1)(f) inserted 30 December 2018 section 72 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
10: Meaning of useful
An invention, so far as claimed in a claim, is useful
11: Computer programs
1: A computer program is not an invention and not a manner of manufacture for the purposes of this Act.
2: Subsection (1) prevents anything from being an invention or a manner of manufacture for the purposes of this Act only to the extent that a claim in a patent or an application relates to a computer program as such.
3: A claim in a patent or an application relates to a computer program as such if the actual contribution made by the alleged invention lies solely in it being a computer program. Examples
A process that may be an invention A claim in an application provides for a better method of washing clothes when using an existing washing machine. That method is implemented through a computer program on a computer chip that is inserted into the washing machine. The computer program controls the operation of the washing machine. The washing machine is not materially altered in any way to perform the invention. The Commissioner considers that the actual contribution is a new and improved way of operating a washing machine that gets clothes cleaner and uses less electricity. While the only thing that is different about the washing machine is the computer program, the actual contribution lies in the way in which the washing machine works (rather than in the computer program per se). The computer program is only the way in which that new method, with its resulting contribution, is implemented. The actual contribution does not lie solely in it being a computer program. Accordingly, the claim involves an invention that may be patented (namely, the washing machine when using the new method of washing clothes). A process that is not an invention An inventor has developed a process for automatically completing the legal documents necessary to register an entity. The claimed process involves a computer asking questions of a user. The answers are stored in a database and the information is processed using a computer program to produce the required legal documents, which are then sent to the user. The hardware used is conventional. The only novel aspect is the computer program. The Commissioner considers that the actual contribution of the claim lies solely in it being a computer program. The mere execution of a method within a computer does not allow the method to be patented. Accordingly, the process is not an invention for the purposes of the Act.
4: The Commissioner or the court (as the case may be) must, in identifying the actual contribution made by the alleged invention, consider the following:
a: the substance of the claim (rather than its form and the contribution alleged by the applicant) and the actual contribution it makes:
b: what problem or other issue is to be solved or addressed:
c: how the relevant product or process solves or addresses the problem or other issue:
d: the advantages or benefits of solving or addressing the problem or other issue in that manner:
e: any other matters the Commissioner or the court thinks relevant.
5: To avoid doubt, a patent must not be granted for anything that is not an invention and not a manner of manufacture under this section. Transitional, savings, and related provisions Heading inserted 24 February 2017 section 8 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
11A: Transitional, savings, and related provisions
Schedule 1AA Section 11A inserted 24 February 2017 section 8 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Act binds the Crown
12: Act binds the Crown
This Act binds the Crown.
2: Patentable inventions and patent rights
1: Patentable inventions
General rules concerning what is patentable
13: Patent may be granted for patentable inventions only
1: A patent may be granted for an invention only if it is a patentable invention.
2: This section is subject to section 111
14: Patentable inventions
An invention is a patentable invention
a: is a manner of manufacture within the meaning of section 6 of the Statute of Monopolies; and
b: when compared with the prior art base—
i: is novel; and
ii: involves an inventive step; and
c: is useful; and
d: is not excluded from being a patentable invention under section 15 16 Patents Act 1990 s 18(1) (Aust) Exclusions from patentability
15: Inventions contrary to public order or morality not patentable inventions
1: An invention is not a patentable invention if the commercial exploitation of the invention, so far as claimed in a claim, is contrary to—
a: public order (which in this section has the same meaning as the term ordre public
b: morality. Examples
The commercial exploitation of the following inventions is contrary to public order or morality and, accordingly, those inventions are not patentable: an invention that is a process for cloning human beings: an invention that is a process for modifying the germ line genetic identity of human beings: an invention that involves the use of human embryos for industrial or commercial purposes: an invention that is a process for modifying the genetic identity of animals that is likely to cause them suffering without any substantial medical benefit to human beings or animals, or an invention that is an animal resulting from such a process.
2: For the purposes of subsection (1), commercial exploitation must not be regarded as contrary to public order or morality only because it is prohibited by any law in force in New Zealand.
3: The Commissioner may, for the purpose of making a decision under this section, seek advice from the Māori advisory committee or any person that the Commissioner considers appropriate. Patents Act 1977 s 1(3), (4) (UK)
16: Other exclusions
1: Human beings, and biological processes for their generation, are not patentable inventions.
2: An invention of a method of treatment of human beings by surgery or therapy is not a patentable invention.
3: An invention of a method of diagnosis practised on human beings is not a patentable invention.
4: A plant variety is not a patentable invention.
5: For the purposes of subsection (4), plant variety in section 7 Section 16(5) amended 24 January 2023 section 159 Plant Variety Rights Act 2022
2: Patent rights
17: Nature of patent
1: A patent is personal property.
2: Equities in respect of a patent may be enforced in the same way as equities in respect of any other personal property. 1953 No 64 s 84(4) s 9
18: Exclusive rights given by patent
1: A patent gives the patentee the exclusive rights, during the term of the patent, to exploit the invention and to authorise another person to exploit the invention.
2: In this Act, exploit
a: if the invention is a product, to—
i: make, hire, sell, or otherwise dispose of the product; or
ii: offer to make, hire, sell, or otherwise dispose of the product; or
iii: use or import the product; or
iv: keep the product for the purpose of doing any of the things referred to in subparagraphs (i) to (iii); or
b: if the invention is a process, to use the process or to do any act mentioned in paragraph (a) in respect of a product resulting from that use.
3: This section is subject to subparts 5 6 Patents Act 1990 s 13 (Aust)
19: Extent, effect, and form of patent
1: A patent has effect throughout the patent area.
2: However, a patent may be assigned for any place in, or part of, the patent area as effectively as if it were granted so as to extend to that place or part only.
3: A patent has the same effect against the Crown as it has against a subject.
4: Subsection (3) is subject to the provisions of this Act and to section 7(3)
5: A patent must be in the form approved by the Commissioner (which may be electronic) and contain the prescribed information. 1953 No 64 s 29(1)–(3)
20: Term of patent
1: The term of every patent is 20 years from the patent date.
2: However, a patent ceases to have effect on the expiry of the period prescribed for the payment of any renewal fee if that fee is not paid within that period or within that period as extended under section 21
3: Subsection (2) applies despite anything in the patent or any other provision in this Act. 1953 No 64 s 30(3), (4)
21: Extension of period for paying renewal fees
1: A patentee may request, in the prescribed manner (if any), that the prescribed period for the payment of a renewal fee be extended to any date that is not more than 6 months after the expiry of the prescribed period.
2: The Commissioner must extend the prescribed period for the payment of the renewal fee to the date requested under subsection (1) if, before that date,—
a: the request under subsection (1) is made; and
b: the renewal fee is paid; and
c: the prescribed penalty (if any) is paid. 1953 No 64 s 30(4), (5)
3: Patent ownership
Who may be granted patent
22: Who may be granted patent
1: A patent for an invention may only be granted to a person who—
a: is the inventor; or
b: derives title to the invention from the inventor; or
c: is the personal representative of a deceased person mentioned in paragraph (a) or (b).
2: A patent may be granted to a person whether or not the person is a New Zealand citizen. Patents Act 1990 s 15 (Aust) Power of patentee to deal with patent
23: Power of patentee to deal with patent
1: A patentee may (subject to any rights vested in other persons that are entered in the patents register) deal with the patent as the absolute owner of it and give good discharges for any consideration for that dealing.
2: This section does not protect a person who deals with a patentee otherwise than as a purchaser in good faith for value and without notice of any fraud on the part of the patentee.
3: This section is subject to section 17(2) Patents Act 1990 s 189(1), (2) (Aust) Co-owners of patent
24: Co-ownership of patent
1: If a patent is granted to 2 or more persons, each of those persons is entitled to an equal undivided share in the patent.
2: If 2 or more persons are patentees of the patent, each of those persons is entitled to exercise the exclusive rights given by the patent for the person’s own benefit without accounting to the others.
3: However, a licence under a patent must not be granted, and a share in a patent must not be assigned, except with the consent of all patentees of the patent (other than the licensor or assignor).
4: Subsections (1) to (3) are subject to any agreement to the contrary between the patentees of the patent.
5: This section is subject to any direction of the Commissioner under section 26
6: Nothing in subsection (1) or (2) affects the mutual rights or obligations of trustees or of the personal representatives of a deceased person, or their rights or obligations as trustees or personal representatives. 1953 No 64 s 63(1)–(3), (5)
25: Rights of buyers from co-owners of patent
If a patented product, or a product of a patented process, is sold by any of 2 or more persons who are patentees of a patent, the buyer, and a person claiming through the buyer, may deal with the product as if the product had been sold by all of the patentees. 1953 No 64 s 63(4)
26: Power of Commissioner to give directions to co-owners
1: If 2 or more persons are patentees of a patent, the Commissioner may, on the request of any of them in the prescribed manner, give any directions in accordance with the request that the Commissioner thinks fit.
2: The directions under subsection (1) must relate to—
a: the sale or lease of the patent or any interest in it; or
b: the grant of licences; or
c: the exercise of any right under section 24
3: If any patentee fails to do anything required to carry out a direction given under subsection (1) within 14 days after being asked in writing to do so by any of the other patentees, the Commissioner may, on the request of any of them in the prescribed manner, direct a person to do that thing in the name and on behalf of the person in default. 1953 No 64 s 64(1), (2)
27: Miscellaneous provisions concerning directions
1: Before giving a direction under section 26
a: give a reasonable opportunity to be heard,—
i: in the case of a request under section 26(1)
ii: in the case of a request under section 26(3)
b: have regard to the terms of any agreement between the patentees of the patent that are brought to the Commissioner’s notice.
2: The Commissioner must not give a direction that—
a: affects the mutual rights or obligations of trustees or of the personal representatives of a deceased person, or their rights or obligations as trustees or personal representatives; or
b: is inconsistent with the terms of an agreement between the patentees of the patent. 1953 No 64 s 64(3), (5) Disputes as to inventions made by employees
28: Disputes as to inventions made by employees
1: This section and sections 29 30
a: an invention made by the employee, either alone or jointly with any other person; or
b: any patent granted, or to be granted, in respect of an invention referred to in paragraph (a).
2: The Commissioner may, on a request made to him or her in the prescribed manner by either of the parties and after giving to each of them a reasonable opportunity to be heard,—
a: determine the matter in dispute; and
b: give any directions that the Commissioner thinks fit—
i: for enabling a patent application to proceed in the name of 1 or more of the parties alone; or
ii: for regulating the manner in which it is to proceed; or
iii: for both of the purposes referred to in subparagraphs (i) and (ii); and
c: make any orders for giving effect to his or her decision as he or she considers expedient.
3: However, if it appears to the Commissioner that, in relation to any request under this section, the matter in dispute involves questions that would more properly be determined by the Authority, he or she may decline to deal with the matter.
4: A decision of the Commissioner under this section or section 29
5: Section 161 section 29 30
6: The parties to a dispute or review under this section or section 29 30
7: In this section and sections 29 30 Authority section 156 1953 No 64 s 65(1), (3)
29: Employment Relations Authority or Commissioner may apportion benefit of invention and of patent
1: In proceedings before the Authority, or on a request made to the Commissioner under section 28
2: The order referred to in subsection (1) is an order providing for the apportionment between the employer and employee of the benefit of the invention, and of any patent granted or to be granted in respect of the invention, in the manner that the Authority or Commissioner considers just. 1953 No 64 s 65(2)
30: Review of Commissioner’s decision
1: A person who is aggrieved by a decision of the Commissioner under section 28 29
2: An application for review must be made within—
a: 20 working days after the date of the decision; or
b: any further time the Authority allows on an application made before or after that period expires.
3: The Authority—
a: may confirm, reverse, or modify the decision of the Commissioner; and
b: may make any other decision that the Commissioner could have made.
4: The Authority must not review any decision made under section 28 29
5: A decision against which an application is made under subsection (1) continues in force pending the determination of the review unless the Authority orders otherwise. 1953 No 64 s 65(4)
3: Process for obtaining grant of patent and other matters
1: Patent applications
31: Right to apply for patent
Any person may apply for a patent either alone or jointly with another person. Patents Act 1977 s 7(1) (UK)
32: Application requirements
Every patent application must be made in accordance with this Act and the manner prescribed by the regulations.
33: Commissioner may post-date application or specification
1: The Commissioner may, on the request of the applicant in the prescribed manner (if any), direct that a patent application be post-dated to the date that is specified in the request.
2: The Commissioner must not exercise the power under subsection (1) after the acceptance of the complete specification.
3: A patent application must not be post-dated under subsection (1) to a date later than 6 months after the date that it was actually made or would, but for subsection (1), be treated as having been made.
4: A convention application must not be post-dated under subsection (1) to a date later than the last date that, under the provisions of this Act, the application could have been made.
5: If an application or specification filed under this Act is amended before acceptance of the complete specification, the Commissioner may direct that the application or specification be post-dated to the date that the amendment is first filed. 1953 No 64 s 12(3), (4)
34: Divisional applications
1: If a patent application has been made (but has not become void or been abandoned) (the parent application divisional application
2: A divisional application may only be made—
a: before the acceptance of the complete specification for the parent application; and
b: in accordance with any further prescribed requirements relating to the period within which a divisional application may be made.
3: The Commissioner may direct that a divisional application or a complete specification for that application (or both) be given an earlier date if—
a: a request to that effect is made in the prescribed manner; and
b: the divisional application is only in respect of subject matter that was in substance disclosed by the parent application as filed.
4: The earlier date must not be earlier than,—
a: in the case of the divisional application, the filing date of the parent application; and
b: in the case of a complete specification for the divisional application, the filing date of the complete specification for the parent application. 1953 No 64 s 12(5)
35: Applicant must pay maintenance fee
1: An applicant must pay a prescribed maintenance fee within the period or periods that are prescribed for the purposes of this section.
2: A patent application must be treated as having been abandoned if the applicant does not comply with subsection (1).
2: Specifications
36: Complete and provisional specifications
1: Every patent application must—
a: be accompanied by a complete specification or a provisional specification unless the application is a convention application; and
b: be accompanied by a complete specification if the application is a convention application.
2: The Commissioner may direct that a specification that purports to be a complete specification be treated as a provisional specification if—
a: the applicant requests, at any time before the acceptance of the specification, that the Commissioner make that direction; and
b: the patent application is not a convention application.
3: A person is not entitled to make a request under subsection (2) if the patent application and specification filed in respect of the application have become open to public inspection.
4: If the Commissioner makes a direction under subsection (2), the complete specification must be treated, for the purposes of this Act, to be, and to have always been, a provisional specification.
5: The Commissioner may cancel a provisional specification and post-date the patent application to the filing date of a complete specification if—
a: a complete specification has been filed for a patent application that was accompanied by a provisional specification or by a specification treated as a provisional specification under subsection (2); and
b: the applicant requests, at any time before the acceptance of the complete specification, that the Commissioner cancel the provisional specification and post-date the application.
6: A request under subsection (2) or (5) must be made in the prescribed manner (if any). 1953 No 64 s 9(1), (4), (5)
37: Filing of complete specification after provisional specification has been filed
1: If a patent application is accompanied by a provisional specification, 1 or more complete specifications must be filed within the period allowable under subsection (2).
2: The period allowable is—
a: the period within 12 months from the filing date of the patent application; or
b: an extended period not exceeding the prescribed period if, on or before the date on which the complete specification is filed,—
i: a request for an extension of time in which to file the complete specification is made to the Commissioner in the prescribed manner (if any); and
ii: the prescribed penalty (if any) is paid.
3: A patent application referred to in subsection (1) must be treated as having been abandoned if a complete specification is not filed within the period allowable under subsection (2).
4: If 2 or more patent applications accompanied by provisional specifications have been filed for inventions that are cognate, or of which one is a modification of another,—
a: a single complete specification may be filed for those applications; or
b: if more than 1 complete specification has already been filed, a single complete specification may, with the leave of the Commissioner, be proceeded with in respect of those applications.
5: Subsection (4) is subject to subsections (1) to (3) and sections 38 to 45 1953 No 64 s 9(2), (3)
38: Contents of provisional specification
Every provisional specification must—
a: describe the invention; and
b: include any other prescribed information. 1953 No 64 s 10(1)
39: Contents of complete specification
1: Every complete specification must—
a: disclose the invention in a manner that is clear enough and complete enough for the invention to be performed by a person skilled in the art; and
b: disclose the best method of performing the invention that is known to the applicant and for which there is an entitlement to claim protection; and
c: end with a claim or claims defining the scope of the invention claimed; and
d: include any other prescribed information.
2: The claim or claims must—
a: relate to one invention only; and
b: be clear and concise; and
c: be supported by the matter disclosed in the complete specification.
3: A complete specification filed after a provisional specification, or filed with a convention application, may include claims concerning developments of, or additions to, the invention that was described in the provisional specification or the basic application (as the case may be) if those developments or additions are developments or additions for which the nominated person would be entitled to the grant of a separate patent under this Act.
4: If a complete specification claims a new substance, the claim must not be construed as extending to that substance when found in nature. 1953 No 64 s 10(1), (3), (4), (6), (7)
40: Amendment of complete specification before acceptance
1: Before the acceptance of a complete specification, the applicant may, in the prescribed manner, amend that specification.
2: Subsection (1) is subject to section 33(5)
3: Subpart 8
41: Supply of drawings
1: Drawings may be supplied for the purposes of any specification.
2: Drawings must be supplied for the purposes of a specification if the Commissioner requires drawings to be supplied.
3: Drawings supplied under this section form part of the specification unless the Commissioner directs otherwise. 1953 No 64 s 10(2)
42: Specifications for micro-organisms
1: To the extent that an invention is a micro-organism, the complete specification complies with section 39(1)(a) and (b) section 43
2: Subsection (3) applies if—
a: an invention involves the use, modification, or cultivation of a micro-organism, other than the micro-organism mentioned in subsection (1); and
b: a person skilled in the relevant art in New Zealand could not reasonably be expected to perform the invention without having a sample of the micro-organism before starting to perform the invention; and
c: the micro-organism is not reasonably available to a person skilled in the relevant art in New Zealand.
3: The complete specification complies with section 39(1)(a) and (b) section 43
4: For the purposes of this section and section 45 Patents Act 1990 s 41 (Aust)
43: Deposit requirements for micro-organisms
1: The deposit requirements are satisfied in relation to a micro-organism to which a specification relates if, and only if,—
a: the micro-organism was, on or before the filing date of the specification, deposited with a prescribed depositary institution in accordance with the rules relating to micro-organisms; and
b: the applicant for the patent provides to the Commissioner, within the prescribed period, a receipt for the deposit from the prescribed depositary institution; and
c: the specification includes, at the filing date of the specification, all relevant information on the characteristics of the micro-organism that is known to the applicant; and
d: at all times since the end of the prescribed period, the specification has included—
i: the name of a prescribed depositary institution from which samples of the micro-organism are obtainable as provided by the rules relating to micro-organisms; and
ii: the file, accession, or registration number of the deposit given by the institution; and
e: at all times since the filing date of the specification, samples of the micro-organism have been obtainable from a prescribed depositary institution as provided by those rules.
2: For the purposes of subsection (1)(b), the receipt for the deposit must be in the prescribed form (if any). Patents Act 1990 s 6 (Aust)
44: Deposit requirements treated as satisfied in certain circumstances
1: This section applies if—
a: the requirements specified in section 43(1)(d) or (e)
b: steps are taken at a later time within the prescribed period in accordance with all applicable provisions of the regulations (if any); and
c: as a result of those steps, if the period during which those requirements are not satisfied is disregarded, those requirements would be satisfied at that later time.
2: If this section applies,—
a: the requirements specified in section 43(1)(d) and (e)
b: the provisions that are prescribed have effect for the protection or compensation of persons who availed themselves, or took definite steps by way of contract or otherwise to avail themselves, of the invention during that period. Patents Act 1990 s 41(4) (Aust)
45: Micro-organism ceasing to be reasonably available
1: A patent may be revoked under section 99 subpart 11 section 114(1)(c)
a: the patent was granted for an invention that involves the use, modification, or cultivation of a micro-organism, other than a micro-organism mentioned in section 42(1)
b: the micro-organism was, at the filing date of the complete specification, reasonably available to a person skilled in the relevant art in New Zealand; and
c: the micro-organism has ceased to be reasonably available to a person skilled in the relevant art in New Zealand.
2: This section does not limit section 39(1)
3: Treaty applications
46: Treaty application treated as application accompanied by complete specification
For the purposes of this Act, a Treaty application must be treated as a patent application accompanied by a complete specification. 1953 No 64 s 26A
47: Description, claims, and drawings
1: The description, claims, and drawings (if any) contained in a Treaty application must be treated as a complete specification.
2: An indication, in relation to a deposited micro-organism given under rule 13bis.4 of the Treaty regulations, in relation to a Treaty application, must be taken to be included in the description contained in the Treaty application even if the indication is contained in another document. 1953 No 64 s 26B
48: International filing date
A Treaty application must be treated as having been filed in New Zealand on its international filing date. 1953 No 64 s 26C
49: Commissioner must provide international filing date in certain circumstances
1: The Commissioner must give an international application an international filing date if—
a: a request contained in the international application specifies New Zealand as a designated State under Article 4(1)(ii) of the Patent Cooperation Treaty; and
b: 1 or more of the following applies:
i: the receiving Office has refused to accord the international application an international filing date under Article 11(1) of the Patent Cooperation Treaty:
ii: the receiving Office has declared that the international application is considered withdrawn:
iii: the International Bureau has made a finding under Article 12(3) of the Patent Cooperation Treaty that the international application is considered withdrawn; and
c: the Commissioner has decided under Article 25(2)(a) of the Patent Cooperation Treaty that the refusal or the declaration or the finding was the result of an error or omission on the part of the receiving Office or the International Bureau.
2: The date given under subsection (1) must be the date of receipt of the application by the receiving Office under Article 11(1) of the Patent Cooperation Treaty.
3: If the date of receipt of the application by the receiving Office cannot be ascertained, the Commissioner may give the application an international filing date.
4: This Act applies to the application in accordance with this section.
5: This section does not apply to an international application that has been filed in a receiving Office in a language other than English, unless a translation of that application into English that has been verified to the satisfaction of the Commissioner has been provided to the Commissioner. 1953 No 64 s 26D
50: Amendments to documents forming part of complete specification
1: Subsection (2) applies if an English translation of a Treaty application—
a: has been filed with the Commissioner; or
b: has been published under Article 21 of the Patent Cooperation Treaty by the International Bureau.
2: The description, claims, and any matter associated with the drawings contained in the Treaty application must be treated for the purposes of this Act as having been amended, on the day the translation was filed, by substituting the translated documents for those originally filed.
3: The description, claims, and drawings contained in a Treaty application must be treated for the purposes of this Act as having been amended on the day that an amendment was made if—
a: the Treaty application has been amended under Article 19(1) of the Patent Cooperation Treaty; or
b: the Treaty application has been amended under Article 34 of the Patent Cooperation Treaty, and New Zealand has been chosen by the applicant to be an elected State under Article 31(4)(a) of the Patent Cooperation Treaty within the prescribed time limit.
4: If a Treaty application has been rectified under rule 91 of the Treaty regulations, the description, claims, and drawings contained in that Treaty application must be treated, for the purposes of this Act, as having been amended on the application’s international filing date. 1953 No 64 s 26E
51: Treaty application void
1: A Treaty application must be treated as void for the purposes of this Act if—
a: an applicant withdraws the applicant’s international application, or withdraws the application in relation to New Zealand as a designated State; or
b: an international application is considered to be withdrawn in accordance with Article 12(3), 14(1)(b), 14(3)(a), or 14(4) of the Patent Cooperation Treaty; or
c: the designation of New Zealand as a designated State is considered to be withdrawn in accordance with Article 14(3)(b) of the Patent Cooperation Treaty; or
d: the applicant fails to fulfil the applicant’s obligations under Article 22(1) of the Patent Cooperation Treaty within the prescribed time limit; or
e: the applicant fails to fulfil the applicant’s obligations under Article 39(1)(a) of the Patent Cooperation Treaty within the prescribed time limit.
2: Subsection (1)(b) and (c) are subject to Article 25 of the Patent Cooperation Treaty. 1953 No 64 s 26F
52: Requirements for examination of Treaty application
1: The Commissioner must not, in relation to a Treaty application, exercise the Commissioner’s powers under subpart 6
a: the applicant has fulfilled the applicant’s obligations under Article 22(1) or 39(1) of the Patent Cooperation Treaty; and
b: the prescribed time limit has expired; and
c: if applicable, a translation of the international application into English has been filed with the Commissioner and verified to the satisfaction of the Commissioner; and
d: all prescribed documents have been filed; and
e: all fees required to be paid under this Act and the regulations have been paid.
2: However, the Commissioner may exercise the Commissioner’s powers under subpart 6
a: the applicant makes a request under section 64
b: the Commissioner considers that it is desirable to exercise those powers despite the fact that 1 or more of those requirements have not been satisfied.
3: Section 65 1953 No 64 s 26G
4: Convention applications
53: Convention applicants may make convention applications
1: A convention applicant in relation to a basic application may make a patent application, or 2 or more of those convention applicants may make a joint patent application, in respect of the relevant invention within the period of 12 months from the day on which a basic application is first made in a convention country in respect of the invention.
2: A patent application made under subsection (1) is a convention application
3: For the purposes of this Act,—
a: the filing of a complete specification in a convention country after the filing of a provisional specification in relation to an application for protection must be treated as a basic application made in that country; and
b: a person must be treated as having made a basic application in a convention country in respect of an invention if the person has made an application for protection in respect of the invention by an application that,—
i: in accordance with the terms of a treaty subsisting between that convention country and any 1 or more other convention countries, is equivalent to a basic application duly made in any one of those convention countries; or
ii: in accordance with the law of that convention country, is equivalent to a basic application duly made in that convention country; and
c: a matter must be treated as having been disclosed in a basic application made in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of prior art) in that application or in documents submitted by the person who made the basic application in support of, and at the same time as, that application.
4: Despite subsection (3)(c), if the Commissioner has given a written notice to the convention applicant requiring the convention applicant to file a copy of any or all of the documents referred to in that paragraph, account must not be taken of any disclosure in the document or those documents unless a copy of the document or documents is filed within the prescribed period after the Commissioner has given the notice.
54: How convention applications are made and dealt with
1: A convention application must be made and dealt with in the same manner as any other patent application.
2: However, a patent application that is a convention application must—
a: include the prescribed information relating to the relevant basic application; and
b: be accompanied by a complete specification in accordance with section 36(1)
c: be made and dealt with in accordance with any other additional or different requirements prescribed for convention applications by this Act or regulations.
55: Withdrawn, abandoned, or refused basic applications
For the purposes of this Act, if more than 1 basic application has been made for an invention, a previously filed basic application ( basic application A basic application B
a: basic application A was made in, or in respect of, the same convention country and by the same applicant as basic application B; and
b: not later than the date of filing of basic application B, basic application A was unconditionally withdrawn, abandoned, or refused; and
c: basic application A had not been made available to the public in New Zealand or elsewhere before its unconditional withdrawal, abandonment, or refusal; and
d: no rights remain outstanding in respect of basic application A; and
e: basic application A has not served to establish a right of priority in relation to another application in any convention country. 1953 No 64 s 7(2A)
56: Basic applications for 2 or more cognate inventions
1: If basic applications have been made in 1 or more convention countries for 2 or more inventions that are cognate or of which one is a modification of another, a single convention application may be made for those inventions at any time within 12 months from the date of the earliest of the basic applications.
2: Despite subsection (1), the requirements of section 54(2)(a)
5: Priority dates
57: Priority date of claims of complete specification
1: Every claim of a complete specification has effect from the date prescribed by this subpart as the priority date of that claim.
2: A patent is not invalidated—
a: by reason only that the invention, so far as claimed in a claim, has been made available to the public (whether in New Zealand or elsewhere) on or after the priority date of the claim by written or oral description, by use, or in any other way; or
b: by the grant of another patent on a specification claiming the same invention in a claim of the same or a later priority date. 1953 No 64 s 11(1)
58: Priority date if complete specification filed for single application
The priority date of a claim is the filing date of the patent application if—
a: the complete specification is filed for a single application that was accompanied by a provisional specification or by a specification that is treated as a provisional specification; and
b: the claim is supported by the matter disclosed in that provisional specification. 1953 No 64 s 11(2)
59: Priority date if complete specification filed for 2 or more applications
1: This section applies if—
a: the complete specification is filed or proceeded with in relation to 2 or more patent applications that were accompanied by provisional specifications or by specifications that are treated as provisional specifications; and
b: the claim is supported by the matter disclosed in at least 1 of those provisional specifications.
2: The priority date of the claim is the filing date of the patent application that is accompanied by the specification that disclosed the matter that supports the claim (or, if there is more than 1 application accompanied by such a specification, the filing date of the earliest of them). 1953 No 64 s 11(3)
60: Priority date for convention applications
1: This section applies if the complete specification is filed for a convention application and the claim is supported by the matter disclosed—
a: in the basic application; or
b: if the convention application is founded on more than 1 basic application, in at least 1 of those basic applications.
2: The priority date of the claim is the date of the basic application that disclosed the matter that supports the claim (or, if there is more than 1 such basic application, the date of the earliest of them). 1953 No 64 s 11(4)
61: Priority date for Treaty applications that claim priority of earlier applications
1: This section applies if—
a: the patent application that relates to the complete specification that contains the claim is a Treaty application; and
b: that Treaty application claims the priority of an earlier application under Article 8 of the Patent Cooperation Treaty; and
c: that earlier application is—
i: an application made in New Zealand not more than 12 months before the international filing date of the Treaty application; or
ii: an application made in New Zealand more than 12 months before the international filing date of the Treaty application, for which—
A: a receiving Office has restored priority under rule 26bis.3 of the Treaty regulations; and
B: the restored priority has not been found to be ineffective by the Commissioner or the court under rule 49ter.1 of the Treaty regulations; or
iii: a basic application for an invention, made in a convention country not more than 12 months before the international filing date of the Treaty application, that is the first application made in a convention country for the invention; or
iv: a basic application for an invention made in a convention country more than 12 months before the international filing date of the Treaty application, that is the first application made in a convention country for the invention, for which—
A: a receiving Office has restored priority under rule 26bis.3 of the Treaty regulations; and
B: the restored priority has not been found to be ineffective by the Commissioner or the court under rule 49ter.1 of the Treaty regulations; or
v: a basic application for an invention made in a convention country after an application referred to in subparagraph (iii); and
d: the claim is supported by the matter disclosed in that earlier application or in a specification filed for that earlier application.
2: The priority date of the claim is,—
a: if the claim is supported by the matter disclosed in the earlier application, the date of filing of that application; or
b: in any other case, the date of filing of the specification for the earlier application that disclosed the matter that supports the claim (or, if there is more than 1 such specification, the date of filing of the earliest of them).
3: For the purposes of subsection (2), date of filing
a: in the case of the earlier application being an application made in New Zealand, the date that the earlier application or specification for the earlier application (as the case may be) is filed in New Zealand:
b: in any other case, the date that the earlier application or specification for the earlier application (as the case may be) is filed in the convention country.
62: Rules that apply if 2 or more priority dates apply or other rules do not apply
1: If, under sections 59 to 61
2: If sections 58 to 61 1953 No 64 s 11(5), (6)
63: Priority date in case of lack of entitlement in respect of another patent application
1: This section applies if—
a: a patent application ( application A application B
b: 1 or more of the following applies:
i: the Commissioner has refused to grant a patent in relation to application B on the ground specified in section 92(1)(b) subpart 9
ii: the patent granted in relation to application B has been revoked by the court or the Commissioner on the ground specified in section 114(1)(b)
iii: the complete specification filed in relation to application B has, in a re-examination or an opposition proceeding under subpart 9 subpart 11
2: The Commissioner may direct that application A and any specification filed in relation to it must, for the purposes of this subpart, be treated as having been filed on the date on which the corresponding document was filed, or is treated as having been filed, in relation to application B. 1953 No 64 s 62
6: Examination
64: Request for examination
1: The applicant may, in the prescribed manner, ask for an examination of the patent application and the complete specification relating to the application.
2: The Commissioner may, on 1 or more of the prescribed grounds and in the prescribed manner, direct the applicant to ask, within the prescribed period, for an examination of the patent application and the complete specification relating to the application.
3: If the patent application and the complete specification relating to the application are open to public inspection, any person may, in the prescribed manner, require the Commissioner to give a direction under subsection (2).
4: However, a person may not act under subsection (3) if the application is a Treaty application and the requirements in section 52(1)
5: If required under subsection (3), the Commissioner must give a direction accordingly, unless the applicant has already asked, or been directed to ask, for an examination of the patent application and the complete specification relating to the application.
6: If the Commissioner gives a direction under this section, the patent application must be treated as having been abandoned if the applicant does not ask, within the prescribed period, for an examination of the patent application and the complete specification relating to the application. Patents Act 1990 s 44 (Aust)
65: Examination
1: The Commissioner must, after being asked to do so under section 64
a: whether the Commissioner is satisfied, on the balance of probabilities, that—
i: the application and the specification comply with the requirements of this Act and of the regulations; and
ii: the applicant has complied with all requirements imposed on the applicant by or under this Act that are prescribed for the purposes of this subparagraph; and
iii: the invention, so far as claimed, is a patentable invention under section 14
iv: there is no other lawful ground of objection to the grant of a patent in respect of the application; and
b: all other matters (if any) that are prescribed.
2: The examination must be carried out in the prescribed manner.
3: The Commissioner must give a copy of the report to the applicant after it is issued. Patents Act 1990 s 45 (Aust)
66: Commissioner may refuse to proceed with application or require application or specification to be amended
1: This section applies if, after examining under section 65 section 65(1)(a)
2: The Commissioner—
a: must state the grounds of objection when reporting on an examination; and
b: may—
i: refuse to proceed with the patent application; or
ii: require the applicant to amend the patent application or any specification before the Commissioner proceeds with the application.
67: Applicants must act by deadline if deadline set by Commissioner
1: If the Commissioner has acted under section 66(2)(b)
2: After each response, the Commissioner may issue a further report under section 65 section 65(1)(a) section 66
3: If the Commissioner has issued a further report under section 65 section 66(2)(b)
4: The Commissioner must set deadlines (if any) in the prescribed manner.
5: The Commissioner may extend any deadlines in the prescribed manner.
6: For the purposes of this section, a substantive response
a: gives a fair and substantial answer to the report issued by the Commissioner; or
b: gives a fair and substantial answer to the report issued by the Commissioner and amends the application or specification to remove 1 or more of the grounds of objection raised by the Commissioner in the report; or
c: amends the application or specification to remove all of the grounds of objection raised by the Commissioner in the report.
68: Application treated as abandoned if applicant fails to act within set deadline
A patent application must be treated as having been abandoned if the applicant has failed to comply with section 67
69: Commissioner must examine amended specification
1: The Commissioner must examine an amended complete specification in the same manner as the original specification if the specification is amended following the issue of a report under section 65
2: Subsection (1) does not apply after the complete specification is accepted. 1953 No 64 s 18(2)
70: Duty to inform Commissioner of search results
1: The applicant must, if required by the Commissioner, inform the Commissioner, in the prescribed manner, of the results of any documentary searches by, or on behalf of, a foreign patent office carried out for the purpose of assessing the patentability of an invention disclosed in the complete specification or a corresponding application filed outside New Zealand.
2: Subsection (1)—
a: does not apply to a search if the search is prescribed as a type of search to which this section does not apply; and
b: applies only to searches completed before the grant of the patent.
3: A search is completed on the earliest of—
a: the date, if any, specified in the search report as the date that the report was issued; and
b: the date, if any, specified in the search report as the date that the search was completed; and
c: the date that the search results were issued to the applicant or patentee by the foreign patent office.
4: In this section, foreign patent office Patents Act 1990 s 45(3) (Aust)
7: Acceptance and publication
Time for putting application in order for acceptance
71: Time for putting application in order for acceptance
1: A patent application is void unless, within the prescribed period, the applicant ensures that—
a: the application and the complete specification comply with the requirements of this Act and of the regulations; and
b: the applicant has complied with all requirements imposed on the applicant by or under this Act that are prescribed for the purposes of this paragraph; and
c: the invention, so far as claimed, is a patentable invention under section 14
d: there is no other lawful ground of objection to the grant of a patent in respect of the application.
2: Deadlines, or extensions of deadlines, set by the Commissioner under section 67
3: Nothing in this section limits section 68 1953 No 64 s 19(1), (1A)
72: Time may be extended if appeal pending or possible
1: This section applies if, at the expiry of the prescribed period under section 71
a: an appeal to the court is pending under section 214
b: the 20-working-day period within which an appeal referred to in paragraph (a) may be brought under section 214(2)(b)(i)
2: The court may extend the period that applies under section 71
a: is pending; or
b: is brought within the time referred to in subsection (1)(b); or
c: is brought before the expiry of any extension of the time for bringing an appeal allowed by the court under section 214(2)(b)(ii)
i: in the case of a first extension, on an application for an extension made within the time referred to in subsection (1)(b); or
ii: in the case of a subsequent extension, on an application for an extension made before the expiry of the last previous extension.
3: If no appeal referred to in subsection (1)(a) is pending or is so brought, the period that applies under section 71
a: until the end of the time referred to in subsection (1)(b); or
b: if any extension of the time for bringing an appeal is allowed by the court as referred to in subsection (2)(c), until the expiry of the extension or last extension that is allowed. 1953 No 64 s 19(3)
73: Notice of entitlement must be filed before acceptance
1: The applicant must file, in the prescribed manner, a notice stating the grounds on which the nominated person is entitled to be granted the patent under section 22
a: before the expiry of the prescribed period under section 71
b: before the expiry of the extension or last extension under section 72 section 71
2: For the purposes of this Act, the applicant may be taken to be the nominated person.
3: However, if the applicant is not the nominated person or is not the only nominated person, the applicant must identify all of the nominated persons in the notice referred to in subsection (1).
4: Subsection (2) does not limit subsection (1).
5: A patent application is void if the applicant does not comply with this section. Acceptance
74: Acceptance of complete specification
1: The Commissioner must accept the complete specification relating to a patent application if the Commissioner is satisfied, on the balance of probabilities, that—
a: the application and the specification comply with the requirements of this Act and of the regulations; and
b: the applicant has complied with all requirements imposed on the applicant by or under this Act that are prescribed for the purposes of this paragraph; and
c: the invention, so far as claimed, is a patentable invention under section 14
d: there is no other lawful ground of objection to the grant of a patent in respect of the application.
2: The Commissioner must, after acceptance of a complete specification,—
a: give notice of the acceptance to the applicant; and
b: publish the acceptance in the journal.
3: For the purposes of this Act, date of the publication of the accepted complete specification
4: This section is subject to sections 71 72 75 1953 No 64 s 20(1), (2)
75: Applicant may request Commissioner to postpone acceptance
1: The applicant may, in the prescribed manner (if any), give notice to the Commissioner requesting the Commissioner to postpone acceptance of the complete specification until a date that is specified in the notice.
2: The date specified in the notice must not be a date that is after the prescribed period.
3: The Commissioner may postpone acceptance under section 74 1953 No 64 s 20(1) Publication
76: Publication in case of applications other than Treaty applications
1: The Commissioner must publish a notice in the journal that a complete specification is open to public inspection if—
a: the specification has been filed for a patent application that is not a Treaty application; and
b: a period of 18 months after the earliest priority date claimed in respect of the patent application has ended; and
c: the specification is not already open to public inspection.
2: Subsection (1) does not apply if the patent application is void or has been abandoned.
3: If a complete specification filed in respect of a patent application (other than a Treaty application) has not become open to public inspection, the Commissioner must, if asked to do so by the applicant, publish, in the prescribed manner, a notice in the journal that the complete specification is open to public inspection.
4: If section 42(2) section 43(1)(d) Patents Act 1990 s 54(1)–(3) (Aust)
77: Publication in case of divisional applications made as provided for in section 34
1: The Commissioner must publish a notice in the journal that a complete specification filed for a divisional application is open to public inspection if—
a: the divisional application is made in respect of a parent application (whether or not the parent application is a Treaty application); and
b: the complete specification filed for the parent application was open to public inspection when the divisional application was made.
2: Subsection (3) applies if a divisional application is made in respect of a parent application that is not a Treaty application and—
a: a notice is published in the journal that the complete specification filed for the parent application is open to public inspection; or
b: a notice is published in the journal that the complete specification filed for the divisional application is open to public inspection.
3: The Commissioner must also publish in the journal a notice that,—
a: if subsection (2)(a) applies, the complete specification filed for the divisional application is open to public inspection; or
b: if subsection (2)(b) applies, the complete specification filed for the parent application is open to public inspection.
4: For the purposes of this section,— divisional application section 34 parent application section 34 Patents Act 1990 s 54(4), (5) (Aust)
78: Documents open to public inspection
1: If a notice is published under section 76 77
2: If acceptance of a complete specification is published under section 74(2)(b)
a: all documents (other than prescribed documents) filed in relation to the application or the patent, whether before or after the acceptance or grant:
b: all documents (other than prescribed documents) filed, after the patent ceases, expires, or is revoked, in relation to the former patent:
c: copies of all documents relating to the application or patent (other than prescribed documents) given by the Commissioner to the applicant or patentee, or the former applicant or patentee.
3: A specification, or other document, must be taken to have been made available to the public on the day on which it becomes open to public inspection unless it has been made available to the public (whether in New Zealand or elsewhere) otherwise before that day.
4: Subsection (3) is subject to section 79 Patents Act 1990 s 55 (Aust)
79: Publication of Treaty applications
1: A Treaty application must be taken to have become open to public inspection, and to have been made available to the public, on the date that it is published under Article 21 of the Patent Cooperation Treaty.
2: On and after the date on which the requirements in section 52
80: Certain documents not to be published
1: Except as otherwise provided by or under this Act, documents of the kind mentioned in section 78 79
a: must not be published by the Commissioner or be open to public inspection; and
b: must not be published before the document is open to public inspection by any person to whom the Commissioner provides the document in the performance of his or her functions; and
c: are not liable to be inspected or produced before the Commissioner or in a legal proceeding unless the Commissioner, court, or any person having power to order inspection or production, directs that the inspection or production be allowed.
2: Subsection (1) does not prevent—
a: the Commissioner from publishing the date and number of a patent application and any details of the patent application and invention that are required to be given in or with the patent application:
b: documents of the kind mentioned in section 78 79
3: Notice of an application for the production in legal proceedings of a document of the kind mentioned in section 78 79
4: A request for information under the Official Information Act 1982 section 78 79 Patents Act 1990 s 56 (Aust)
81: Effect of publication of complete specification
1: After a complete specification relating to a patent application has become open to public inspection and until a patent is granted on the application, the nominated person has the same privileges and rights as the nominated person would have had if a patent for the invention had been granted on the day when the specification became open to public inspection under sections 76 to 79
2: The nominated person is entitled to bring a proceeding by virtue of this section in respect of an act only—
a: after the patent has been granted; and
b: if the act would, if the patent had been granted on the day referred to in subsection (1), have infringed both—
i: the patent; and
ii: the claims (as interpreted by the description and any drawings that form part of the complete specification) in the form in which they were contained in the complete specification immediately before it became open to public inspection.
3: Subpart 1 section 82 1953 No 64 s 20(4), (5)
82: Court must consider whether it would be reasonable to expect that patent would be granted
1: In a proceeding under section 81
2: If the court finds that it would not have been reasonable, the court must reduce the damages, or the amount of an account of profits, to an amount that it thinks just.
3: Section 154 section 81 Patents Act 1977 s 69(3) (UK)
8: Amendment of specifications after acceptance
83: General rules concerning amendments of specifications after acceptance
1: After the acceptance of a complete specification, an amendment to that specification is not allowable and must not be made if the effect of the amendment is that—
a: the specification as amended would claim or describe matter that was not in substance disclosed in the specification before the amendment; or
b: a claim of the specification as amended would not fall wholly within the scope of a claim of the specification before the amendment.
2: Subsection (1) does not apply to an amendment for the purpose of correcting an obvious mistake made in, or in relation to, a complete specification.
3: If, after the date of the publication of the accepted complete specification, any amendment of the specification is allowed by the Commissioner or the court,—
a: the right of the patentee or applicant to make the amendment must not be called into question except on the ground of fraud; and
b: the amendment must, in all courts and for all purposes, be treated as forming part of the specification.
4: However, in construing the specification as amended, reference may be made to the specification as originally published. 1953 No 64 s 40(1), (2)
84: Amendment must be published in journal
If, after the date of the publication of the accepted complete specification, any amendment of the specification is allowed under sections 85 to 89 1953 No 64 s 40(3)
85: Amendment of specification with leave of Commissioner
1: The Commissioner may, on a request made under this section by a patentee, or by an applicant for a patent at any time after the acceptance of the complete specification, allow the complete specification to be amended subject to any conditions that the Commissioner thinks fit.
2: However, the Commissioner must not allow a specification to be amended on a request made under this section while any relevant proceeding is pending.
3: Every request for leave to amend a specification under this section must—
a: state the nature of the proposed amendment; and
b: give full particulars of the reasons for the request; and
c: be made in the prescribed manner (if any).
4: This section is subject to section 83 1953 No 64 s 38(1), (2)
86: Request for leave to amend must be published in journal
1: Every request for leave to amend a specification under section 85
2: However, if the request is made before the date of the publication of the accepted complete specification, the Commissioner may, if the Commissioner thinks fit, dispense with publication under subsection (1) or direct that publication be postponed until the date of the publication of the accepted complete specification. 1953 No 64 s 38(3)
87: Opposition to proposed amendment
1: Any person may, in the prescribed manner (if any), give notice to the Commissioner of opposition to a proposed amendment within the prescribed period after the publication of a request under section 86
2: If a notice is given within the prescribed period, the Commissioner must—
a: notify the person who made the request under section 85
b: give that person and the opponent a reasonable opportunity to be heard before the Commissioner decides the case. 1953 No 64 s 38(4)
88: Provisions concerning amendments with leave of Commissioner do not apply in certain circumstances
Sections 85 to 87
a: in a proceeding in opposition to the grant of a patent under sections 92 93
b: in accordance with any of sections 98(2) 99(2) 113(6)(b) 1953 No 64 s 38(6)
89: Amendment of specification with leave of court
1: In any relevant proceeding in relation to a patent, the court may, by order, allow the patentee to amend the patentee’s complete specification in the manner and subject to the terms as to costs, publication, or otherwise that the court thinks fit.
2: If, in any proceeding for the revocation of a patent, the court decides that the patent is invalid, the court may allow the specification to be amended under this section instead of revoking the patent.
3: If an application for an order under this section is made to the court,—
a: the applicant for that order must give notice of the application to the Commissioner; and
b: the Commissioner may appear and be heard on the application; and
c: the Commissioner must appear if he or she is directed by the court to appear.
4: This section is subject to section 83 1953 No 64 s 39
9: Assertions by third parties, opposition, and re-examinations
Assertions by third parties within prescribed period
90: Assertions by third parties on novelty and inventive step
1: Any person may, within the prescribed period after a complete specification becomes open to public inspection but before the date of the publication of the accepted complete specification, notify the Commissioner, in the prescribed manner (if any), that the person asserts that the invention, so far as claimed in a claim, is not a patentable invention because it does not comply with section 14(b)
2: The notice must state the reasons for the person’s assertion.
3: The notice and any documents accompanying it are open to public inspection. Patents Act 1990 s 27(1), (4) (Aust)
91: Commissioner must consider and deal with notice in prescribed manner
1: The Commissioner must inform the applicant in writing of any matter of which the Commissioner is notified under section 90
2: The Commissioner must otherwise consider and deal with a notice under section 90 Patents Act 1990 s 27(2), (3) (Aust) Opposition to grant of patent
92: Opposition to grant of patent
1: Any person may, in the prescribed manner, oppose the grant of a patent on 1 or more of the following grounds:
a: that the invention, so far as claimed in a claim, is not a patentable invention under section 14
b: that the nominated person is not entitled to the patent:
c: that the complete specification does not comply with any provision of subpart 2 section 39(2)(a)
d: that the applicant is attempting, or has attempted, to obtain the grant of a patent by fraud, false suggestion, or a misrepresentation:
e: that the invention, so far as claimed in a claim, was secretly used in New Zealand before the priority date of that claim:
f: that granting the patent would be contrary to law.
2: For the purposes of subsection (1)(a), account must not be taken of any secret use of the invention.
3: For the purposes of subsection (1)(e), account must not be taken of any use of the invention—
a: for the purpose of reasonable trial or experiment only if the trial or experiment is conducted by, on behalf of, or with the consent of the nominated person or any person from whom the nominated person derives title; or
b: by a government department or any person authorised by a government department, in consequence of the nominated person, or any person from whom the nominated person derives title, communicating or disclosing the invention directly or indirectly to that department or person; or
c: by any other person, in consequence of the nominated person, or any person from whom the nominated person derives title, communicating or disclosing the invention to that person in confidence if the use of the invention is without the consent of the nominated person or of any person from whom the nominated person derives title. Section 92(1)(c) amended 21 November 2016 section 4 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
93: Hearing and decision by Commissioner
If the grant of a patent is opposed, the Commissioner must—
a: give the applicant and the opponent a reasonable opportunity to be heard before deciding a case; and
b: consider whether any of the following grounds are established on the balance of probabilities:
i: any ground set out in section 92
ii: any other ground set out in section 92
c: otherwise decide and deal with the case in the prescribed manner. Re-examination after acceptance
94: Re-examination before patent is granted
1: The Commissioner may, and must if requested to do so by any person, re-examine a patent application and the complete specification relating to the application on or after the date of the publication of the accepted complete specification if the patent has not been granted.
2: A request under subsection (1) must—
a: specify 1 or more of the grounds set out in section 92
b: be made in the prescribed manner (if any).
95: Re-examination after patent is granted
1: If a patent has been granted, the Commissioner may, and must if requested to do so by any person, re-examine the patent application and the complete specification relating to the application.
2: A request under subsection (1) must—
a: specify 1 or more of the grounds set out in section 114
b: be made in the prescribed manner (if any).
3: The Commissioner must re-examine a patent application and the complete specification relating to the application if the validity of a patent is disputed in any proceeding before the court under this Act and the court directs the Commissioner to conduct a re-examination. Patents Act 1990 s 97 (Aust)
96: Relationship between re-examination and other proceedings
1: The Commissioner must not conduct a re-examination under this subpart if,—
a: in the case of section 94
b: in the case of section 95(1)
i: a relevant proceeding in relation to the patent is pending; or
ii: a proceeding before the Commissioner under subpart 11
2: If a re-examination under this subpart has commenced, the Commissioner must not continue the re-examination if,—
a: in the case of section 94
b: in the case of section 95(1)
i: a relevant proceeding in relation to the patent is commenced and the Commissioner has received notification of the commencement of that proceeding; or
ii: a proceeding before the Commissioner under subpart 11
3: If a re-examination has been discontinued under subsection (2), the Commissioner may, if he or she thinks fit, continue the re-examination after the opposition proceeding, relevant proceeding, or proceeding under subpart 11
4: Despite sections 94(1) 95(1) subpart 11
5: On a re-examination under section 94 95(1) subpart 11
6: Sections 94 95 97
97: Report on re-examination
1: On a re-examination under this subpart, the Commissioner must consider and report on whether the Commissioner is satisfied, on the balance of probabilities, that any of the relevant grounds are established.
2: For the purposes of subsection (1) and sections 98 99 relevant grounds
a: in the case of a request under section 94(1) section 94(2)(a) section 92
b: in the case of a re-examination under section 94 section 92
c: in the case of a request under section 95(1) section 95(2)(a) section 114
d: in the case of a re-examination under section 95 section 114
e: in the case of a re-examination that was directed under section 95(3) section 114
3: A copy of a report under this section must, if the re-examination was directed under section 95(3) Patents Act 1990 ss 98, 100 (Aust)
98: Refusal to grant patent: re-examination before grant
1: If the Commissioner reports on a re-examination under section 94
2: The Commissioner must not refuse to grant a patent under this section unless the Commissioner has, if appropriate, given the applicant a reasonable opportunity to amend the relevant specification for the purpose of removing any lawful ground of objection and the applicant has failed to do so. Patents Act 1990 s 100A (Aust)
99: Revocation of patent: re-examination after grant
1: If the Commissioner reports on a re-examination under section 95
2: The Commissioner must not revoke a patent under this section unless the Commissioner has, if appropriate, given the patentee a reasonable opportunity to amend the relevant specification for the purpose of removing any lawful ground of objection and the patentee has failed to do so.
3: The Commissioner must not revoke a patent under this section—
a: while a relevant proceeding in relation to that patent is pending; or
b: before the Commissioner has made a decision on an application for revocation of the patent made under section 112
4: Subpart 11 Patents Act 1990 s 101 (Aust)
100: Person who requests re-examination has no right to participate further in re-examination proceeding
1: A person who has made a request under section 94(1) 95(1)
a: does not have a right to be heard in relation to the re-examination; and
b: does not have any other right to participate in the re-examination proceeding after the request is made; and
c: does not have a right to appeal to the court against any decision of the Commissioner under any of sections 94 to 99
2: Section 214
10: Grant of patent
General rules
101: When patent must be granted
1: The Commissioner must grant a patent to the nominated person, or to 2 or more nominated persons jointly, as soon as is reasonably practicable after the date that is 3 months after the date of the publication of the accepted complete specification if—
a: there is no opposition to the grant; or
b: in spite of opposition, the Commissioner's decision, or the decision on appeal, is that a patent should be granted.
2: However, if, before the patent is granted, a re-examination proceeding is commenced under section 94 section 96
a: must not act under subsection (1) until after the Commissioner has prepared a report under section 97
b: may refuse to grant the patent in accordance with section 98
3: The Commissioner may postpone the grant of the patent in the prescribed circumstances.
4: If a nominated person dies before a patent is granted on the patent application, the patent may be granted to his or her personal representative.
5: The date that the patent is granted must be entered in the patents register.
6: The Commissioner must, as soon as is reasonably practicable after a patent has been granted, publish in the journal a notice that it has been granted. 1953 No 64 s 27(1)
102: Validity of patent not guaranteed
Nothing done under this Act guarantees the granting of a patent, or that a patent is valid, in New Zealand or anywhere else. Patents Act 1990 s 20(1) (Aust)
103: Patent date
1: Every patent must be given a patent date that is—
a: the filing date of the relevant complete specification; or
b: if the regulations provide for the determination of a different date as the patent date, the date determined under the regulations.
2: However,—
a: a patent is not in force for the purposes of this Act until it is granted; and
b: see section 81
3: The patent date of every patent must be entered in the patents register. 1953 No 64 s 30(1), (2)
104: Patent granted for one invention only
1: A patent must be granted for one invention only.
2: However, it is not competent for any person in an action or other proceeding to take any objection to a patent on the ground that it has been granted for more than 1 invention. 1953 No 64 s 29(4)
105: Amendment of patent granted to deceased person or to body corporate that has been liquidated or wound up
1: This section applies if, at any time after a patent has been granted, the Commissioner is satisfied that the person to whom the patent was granted—
a: had died before the patent was granted; or
b: in the case of a body corporate, had ceased to exist before the patent was granted.
2: The Commissioner may amend the patent by substituting for the name of that person the name of the person to whom the patent should have been granted.
3: The patent has effect, and is to be treated as always having had effect, in accordance with that amendment. 1953 No 64 s 28 Patents of addition
106: Patents of addition
1: This section applies if—
a: a patent for an invention (the main invention
b: the applicant or patentee (or a person authorised by the applicant or patentee) applies for a further patent for an improvement in, or modification of, the main invention; and
c: the application for that further patent is made in the prescribed manner.
2: The Commissioner may, on the request of the applicant for the further patent, grant the patent for the improvement or modification as a patent of addition. 1953 No 64 s 34(1)
107: Commissioner may revoke patent for improvement or modification and grant patent of addition
1: This section applies if—
a: an invention that is an improvement in, or modification of, another invention is the subject of an independent patent; and
b: the patentee of that patent is also the patentee of the patent for the main invention.
2: The Commissioner may, on the request of the patentee, by order revoke the patent for the improvement or modification and grant to the patentee a patent of addition for the improvement or modification.
3: A request under subsection (2) must be made in the prescribed manner (if any).
4: The patent of addition must have the same patent date as the patent date of the patent that is revoked. 1953 No 64 s 34(2)
108: Restrictions on granting of patents of addition
1: The Commissioner must not grant a patent as a patent of addition unless the filing date of the complete specification is the same as, or later than, the filing date of the complete specification for the main invention.
2: The Commissioner must not grant a patent of addition before the granting of the patent for the main invention. 1953 No 64 s 34(3), (4)
109: Term of patent of addition
1: A patent of addition—
a: must be granted for a term equal to that of the patent for the main invention, or as much of the term of the patent for the main invention that is unexpired; and
b: remains in force during that term or until the earlier of expiry or revocation of the patent for the main invention.
2: However, if the patent for the main invention is revoked under this Act, the court or the Commissioner (as the case may be) may order that the patent of addition become, and continue in force as, an independent patent for the remainder of the term of the patent for the main invention. 1953 No 64 s 34(5)
110: Renewal fees for patents of addition
1: No renewal fees are payable in respect of a patent of addition.
2: However, if any patent of addition becomes an independent patent under section 109(2) 1953 No 64 s 34(6)
111: Provisions concerning inventive step requirement and validity in connection with patents of addition
1: The grant of a patent of addition must not be refused, and a patent granted as a patent of addition must not be revoked or invalidated, on the ground only that the invention claimed in the complete specification of the patent of addition does not involve any inventive step having regard to any publication or use of—
a: the main invention described in the complete specification for the main invention; or
b: any improvement in, or modification of, the main invention described in the complete specification of—
i: a patent of addition to the patent for the main invention; or
ii: an application for a patent of addition to the patent for the main invention.
2: The validity of a patent of addition must not be questioned on the ground that the invention should have been the subject of an independent patent. 1953 No 64 s 34(7)
11: Revocation and surrender of patents
112: Revocation of patent
1: The Commissioner or the court may, on an application under this section, revoke a patent on any of the grounds set out in section 114
2: An application under this section may be made by any person.
3: An application to the Commissioner under this section must be made in the prescribed manner (if any). 1953 No 64 ss 41(1), (3) 42
113: Provisions concerning applications for revocation made to Commissioner
1: The Commissioner may refuse any application to the Commissioner under section 112
a: the application is frivolous or vexatious; or
b: all of the issues raised by the application are the same, or substantially the same, as the issues raised in a previous opposition or re-examination proceeding under subpart 9
2: The Commissioner may, in considering an application under section 112 subpart 9
3: If a relevant proceeding in relation to a patent is pending in any court, an application to the Commissioner under section 112
4: If an application is made to the Commissioner under section 112
a: notify the patentee; and
b: give to the person who made the application and the patentee a reasonable opportunity to be heard before deciding the case (unless the application has been refused under subsection (1)).
5: The Commissioner may, at any stage of a proceeding relating to an application made to the Commissioner under section 112
6: If, on an application made to the Commissioner under section 112 section 114
a: revoked unconditionally; or
b: revoked unless the complete specification is amended to the Commissioner’s satisfaction within the time that is specified in the order. 1953 No 64 s 42(3)
114: Grounds for revoking patent
1: A patent may be revoked on 1 or more of the following grounds:
a: that the invention, so far as claimed in a claim, is not a patentable invention under section 14
b: that the patentee is not entitled to the patent:
c: that the complete specification does not comply with subpart 2
d: that the patent was obtained by fraud, false suggestion, or a misrepresentation:
e: that the invention, so far as claimed in a claim, was secretly used in New Zealand before the priority date of that claim:
f: that the patent has been granted contrary to law.
2: For the purposes of subsection (1)(a), account must not be taken of any secret use of the invention.
3: For the purposes of subsection (1)(e), account must not be taken of any use of the invention—
a: for the purpose of reasonable trial or experiment only if the trial or experiment is conducted by, on behalf of, or with the consent of the nominated person or any person from whom the nominated person derives title; or
b: by a government department or any person authorised by a government department, in consequence of the nominated person, or any person from whom the nominated person derives title, communicating or disclosing the invention directly or indirectly to that department or person; or
c: by any other person, in consequence of the nominated person, or any person from whom the nominated person derives title, communicating or disclosing the invention to that person in confidence if the use of the invention is without the consent of the nominated person or of any person from whom the nominated person derives title.
4: Every ground set out in subsection (1) is available as a ground of defence in any proceeding for the infringement of the patent. 1953 No 64 s 41(1), (2), (4)
115: Court may also revoke patent if patentee, without reasonable cause, refuses request of government department to exploit invention
1: The court may, on the application of a government department, revoke a patent if the court is satisfied that the patentee has, without reasonable cause, failed to comply with a request of the government department to exploit the patented invention for the services of the Crown on reasonable terms.
2: The ground for revoking a patent set out in subsection (1) is available as a ground of defence in any proceeding for the infringement of the patent. 1953 No 64 s 41(3)(a)
116: Surrender of patent
1: A patentee may, by notice given to the Commissioner in the prescribed manner (if any), offer to surrender the patent.
2: The Commissioner must publish the offer in the journal.
3: A person may, within the prescribed period after the publication, give notice to the Commissioner of opposition to the surrender.
4: The Commissioner must notify the patentee if notice of opposition is given.
5: The Commissioner may accept the offer and by order revoke the patent if—
a: the Commissioner has given the patentee and the opponent (if any) a reasonable opportunity to be heard; and
b: the Commissioner is satisfied that the patent may properly be surrendered. 1953 No 64 s 43
12: Restoration of lapsed patents and restoration of patent applications
Restoration of lapsed patents
117: Restoration of lapsed patents
1: This section applies if a patent has ceased to have effect by reason of a failure to pay any renewal fee within the prescribed period or within that period as extended under section 21
2: The Commissioner may, on a request made in the prescribed manner and in accordance with this subpart, by order restore the patent, and any patent of addition specified in the request that has ceased to have effect when the patent ceased to have effect, if the Commissioner is satisfied that the failure to pay the renewal fee was unintentional. 1953 No 64 s 35(1)
118: Request must describe circumstances that led to failure to pay renewal fee
1: A request for an order under section 117
2: The Commissioner may require the person who makes the request to provide any further evidence that the Commissioner thinks fit. 1953 No 64 s 35(3)
119: Persons who may make request for restoration of patent
1: A request for an order under section 117
2: If the patent was held by 2 or more persons jointly, the request for an order under section 117 1953 No 64 s 35(2)
120: When request for restoration of patent may be made
1: A request for an order under section 117
2: However, the Commissioner may extend the period within which a request may be made if the Commissioner is satisfied that there was no undue delay in making the request.
3: The person who makes the request must, for the purposes of subsection (2), provide the Commissioner with a statement that fully sets out the circumstances that caused the delay and the reasons why the delay is not undue.
4: The Commissioner may require that person to provide any further evidence that the Commissioner thinks fit.
121: Commissioner must give person who made request reasonable opportunity to be heard if not satisfied that prima facie case has been made out for restoration
The Commissioner must, after considering a request made in accordance with sections 117 to 120 section 117
122: Commissioner to publish request in journal
The Commissioner must publish a request made in accordance with sections 117 to 120 section 117 1953 No 64 s 35(4)
123: Notice of opposition and reasonable opportunity to be heard
1: Any person may, within the prescribed period and in the prescribed manner (if any), give notice to the Commissioner of opposition to an order being made under section 117
a: that the failure to pay the renewal fee was not unintentional:
b: if the period within which a request for an order under section 117 section 120
2: The Commissioner must notify the person who made the request if a person has given notice under subsection (1) and provide the person who made the request with a copy of that notice.
3: The Commissioner must give the person who made the request and the opponent a reasonable opportunity to be heard before the Commissioner decides the case. 1953 No 64 s 35(4), (5)
124: Order to be made on payment of unpaid fees
1: If the Commissioner has published a request under section 122 section 117
a: all unpaid renewal fees are paid; and
b: all other prescribed additional penalties (if any) are paid; and
c: either—
i: no notice of opposition is given within the prescribed period; or
ii: the decision of the Commissioner is in favour of the person who made the request (in the case of a notice of opposition having been given within the prescribed period).
2: An order for the restoration of a patent—
a: may be made subject to a condition requiring the registration of any matter if the provisions of this Act concerning entries in the patents register have not been complied with; and
b: must contain, or be subject to, the provisions that are prescribed for the protection or compensation of persons who availed themselves, or took definite steps by way of contract or otherwise to avail themselves, of the invention between the date when the patent ceased to have effect and the date on which the request is published under section 122
c: may be made subject to any other conditions that the Commissioner thinks fit.
3: If any condition of an order under this section is not complied with by the patentee, the Commissioner may revoke the order and give any directions that are consequential on the revocation that the Commissioner thinks fit.
4: The Commissioner must, before the Commissioner makes a decision under subsection (3), give the patentee a reasonable opportunity to be heard. 1953 No 64 s 35(5)–(7) Restoration of patent applications
125: Request for restoration of void or abandoned patent applications
1: This section applies if—
a: the patent application is abandoned under section 35 64 68 section 71 73
b: in the case of a Treaty application, the Treaty application is void under section 51(1)(d) or (e)
2: The applicant may make a request to the Commissioner in the prescribed manner for an order to restore the patent application and to extend the period for complying with the requirements imposed on the applicant by or under this Act or the Patent Cooperation Treaty (as the case may be) to a date that is specified in the order.
3: Every request for an order must contain a statement that fully sets out the circumstances that led to the failure of the applicant to comply with the requirements imposed on the applicant by or under this Act or the Patent Cooperation Treaty (as the case may be).
4: The Commissioner must publish the request in the journal if the Commissioner is satisfied that the failure of the applicant to comply with the requirements imposed on the applicant by or under this Act or the Patent Cooperation Treaty (as the case may be) within the time allowed by or under this Act was unintentional. 1953 No 64 s 37(1), (2)
126: When request for restoration of application may be made
1: A request under section 125
2: However, the Commissioner may extend the period within which a request may be made if the Commissioner is satisfied that there was no undue delay in making the request.
3: The applicant must, for the purposes of subsection (2), provide the Commissioner with a statement that fully sets out the circumstances that caused the delay and the reasons why the delay is not undue.
4: The Commissioner may require the applicant to provide any further evidence that the Commissioner thinks fit.
127: Notice of opposition
1: Any person may, within the prescribed period and in the prescribed manner (if any), give notice to the Commissioner of opposition to an order being made under section 128
a: that any failure of the applicant to comply with the requirements imposed on the applicant by or under this Act or the Patent Cooperation Treaty (as the case may be) within the time allowed by or under this Act was not unintentional:
b: if the period within which a request under section 125 section 126
2: The Commissioner must notify the applicant if a person has given notice under subsection (1) and provide the applicant with a copy of that notice.
3: The Commissioner must give the applicant and the opponent a reasonable opportunity to be heard before the Commissioner decides the case. 1953 No 64 s 37(3), (4)
128: Commissioner to determine matter
1: The Commissioner must, after the expiry of the prescribed period for giving notice of opposition under section 127
a: by order restore the patent application and extend the period for complying with the requirements imposed on the applicant by or under this Act or the Patent Cooperation Treaty (as the case may be) to a period that is specified in the order if the Commissioner is satisfied that—
i: every failure of the applicant to comply with the requirements imposed on the applicant by or under this Act or the Patent Cooperation Treaty (as the case may be) within the time allowed by or under this Act was unintentional; and
ii: if the period within which the request for an order under this section may be made was extended under section 126
b: dismiss the request.
2: An order under this section must contain, or be subject to, the provisions that are prescribed for the protection or compensation of persons who availed themselves, or took definite steps by way of contract or otherwise to avail themselves, of the invention that is the subject of the patent application between the date on which the patent application became void or was abandoned and the date on which the request is published under section 125
3: The Commissioner must publish in the journal the making of an order under subsection (1) after that order is made. 1953 No 64 s 37(5), (6)
13: Miscellaneous provisions
Substitution of applicants
129: Persons claiming under assignment or agreement or by operation of law
1: This section applies if, before a patent has been granted, a person would, if the patent were to be then granted, be entitled under an assignment or agreement, or by operation of law, to—
a: the patent; or
b: an interest in the patent; or
c: an undivided share in the patent or in an interest in the patent.
2: The Commissioner may, on a request made by the person in the prescribed manner, direct that the patent application proceed in the name of the person, or in the names of the person and the applicant or the other joint applicant or applicants (as the case may require).
3: If the Commissioner gives a direction, the person must be taken to be—
a: the applicant, or a joint applicant, as the case may require; and
b: the nominated person, or joint nominated person, as the case may require. 1953 No 64 s 24(1)
130: Death of applicant
1: If an applicant dies before a patent is granted on the patent application, his or her personal representative may proceed with the application.
2: However, the Commissioner may also dispense with probate and letters of administration and allow a person to proceed with a deceased applicant’s application under section 167 Patents Act 1990 s 215(1) (Aust)
131: Disputes between interested parties
1: If a dispute arises between interested parties in relation to a patent application concerning whether, or in what manner, the application should proceed, the Commissioner may, on a request made to the Commissioner, give any directions that the Commissioner thinks fit—
a: for enabling the application to proceed in the name of 1 or more of the parties alone; or
b: for regulating the manner in which it is to proceed; or
c: for both of the purposes referred to in paragraphs (a) and (b).
2: A request under subsection (1) must be made in the prescribed manner and may be made by any of the parties.
3: The Commissioner must, before giving a direction, give a reasonable opportunity to be heard to any person that the Commissioner considers is interested (whether or not that person is currently an interested party). 1953 No 64 s 24(5) Provisions for secrecy of certain inventions
132: Directions in relation to inventions concerning defence
1: The Commissioner may give any of the directions described in subsection (2) if—
a: a patent application has been made for an invention either before or after the commencement of this section; and
b: the invention is, in the opinion of the Commissioner,—
i: one of a class notified to the Commissioner by the Minister of Defence as relevant for defence purposes; or
ii: likely to be valuable for defence purposes.
2: The directions are directions—
a: for prohibiting or restricting the publication of information concerning the invention; or
b: for prohibiting or restricting the communication of information concerning the invention to a person or class of persons specified in the directions.
3: While the directions are in force,—
a: the patent application may, subject to the directions, proceed up to the acceptance of the complete specification; and
b: the patent application and the complete specification must not become open to public inspection; and
c: a patent must not be granted in relation to the patent application. 1953 No 64 s 25(1)
133: Commissioner must give notice to Minister of Defence
If the Commissioner gives directions under section 132 1953 No 64 s 25(2)
134: Minister of Defence must consider whether publication would be prejudicial to defence of New Zealand
1: The Minister of Defence must,—
a: on receipt of a notice under section 133
b: unless a notice under subsection (3) has been given to the Commissioner, reconsider that question before the expiry of 9 months from the filing date of the patent application and at least once in every subsequent year.
2: For the purposes of subsection (1), the Minister of Defence may, at any time after the complete specification has been accepted or, with the consent of the applicant, at any time before the complete specification has been accepted, inspect the patent application and any documents provided to the Commissioner in connection with that application.
3: If, on consideration of the invention at any time, it appears to the Minister of Defence that the publication of the invention would not, or would no longer, be prejudicial to the defence of New Zealand, the Minister of Defence must give notice to the Commissioner to that effect. 1953 No 64 s 25(2)(a)–(c)
135: Commissioner must revoke directions on receipt of notice from Minister of Defence
On receipt of a notice under section 134
a: must revoke the directions given under section 132
b: may, subject to any conditions that the Commissioner thinks fit, extend the time for doing anything required or authorised to be done by or under this Act in connection with the patent application, whether or not that time has previously expired. 1953 No 64 s 25(2)(d)
136: Acceptance of complete specification while directions in force
1: This section applies if a complete specification filed for a patent application for an invention for which directions have been given under section 132
2: If any use of the invention is made while the directions are in force by, on behalf of, or to the order of a government department, subpart 6
3: If it appears to the Minister of Defence that the applicant for the patent has suffered hardship by reason of the directions being in force, the Minister of Finance may pay to the applicant an amount by way of compensation that the Minister of Finance considers is reasonable.
4: For the purposes of subsection (3), the Minister of Finance must have regard to—
a: the novelty and usefulness of the invention; and
b: the purpose for which the invention is designed; and
c: any other relevant matters. 1953 No 64 s 25(3)
137: Maintenance fees and renewal fees not payable while directions in force
1: No maintenance fees are payable for any period during which directions that are given under section 132
2: No renewal fees are payable for any period during which directions that are given under section 132 1953 No 64 s 25(4)
138: Offence to fail to comply with directions
1: Every person who fails to comply with a direction given under section 132
2: Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 2 years, to a fine not exceeding $20,000, or to both. 1953 No 64 s 25(6)
139: Liability of directors and managers if body corporate commits offence
If a body corporate is convicted of an offence against section 138
a: that the act that constituted the offence took place with his or her authority, permission, or consent; and
b: that he or she—
i: knew, or could reasonably be expected to have known, that the offence was to be or was being committed; and
ii: failed to take all reasonable steps to prevent or stop it. 1953 No 64 s 108
4: Infringement, other patent proceedings, and matters affecting patent ownership
1: Infringement proceedings
What constitutes infringement
140: Infringement by doing anything patentee has exclusive right to do
A person infringes a patent if (other than under a licence or with the consent or agreement of the patentee) the person does anything in the patent area, while the patent is in force, that the patentee has the exclusive right to do under section 18 Patents Act 1977 s 60(1) (UK)
141: Infringement by supplying means to infringe to another person
A person ( A
a: A supplies, or offers to supply, in the patent area, while the patent is in force, another person ( B
b: either—
i: A knows, or ought reasonably to know, that the means are suitable and intended by B for putting the invention into effect; or
ii: if the means is a staple commercial product, A supplies the means, or offers to supply the means, for the purpose of inducing B to put the invention into effect; and
c: B would infringe the patent by putting the invention into effect. Patents Act 1977 s 60(2) (UK)
142: Presumption that product produced by infringing process
1: If a patented process is a process for obtaining a new product, the same product produced by a person (other than under a licence or with the consent or agreement of the patentee) is presumed in an infringement proceeding to have been obtained by that process.
2: Subsection (1) applies unless the defendant proves the contrary.
3: In applying subsection (1), the court must not require any person to disclose any manufacturing or commercial secrets if the court thinks that it would be unreasonable to require that disclosure. 1953 No 64 s 68A What does not constitute infringement
143: No infringement for experimental use
1: It is not an infringement of a patent for a person to do an act for experimental purposes relating to the subject matter of an invention.
2: In this section, act for experimental purposes relating to the subject matter of an invention
a: determining how the invention works:
b: determining the scope of the invention:
c: determining the validity of the claims:
d: seeking an improvement of the invention (for example, determining new properties, or new uses, of the invention). Patents Act 1977 s 60(5)(b) (UK)
144: No infringement by use in or from foreign vessels, aircraft, or vehicles
1: It is not an infringement of a patent if—
a: an invention is used—
i: on board a foreign vessel, in the body of a foreign vessel, or in a foreign vessel’s machinery, tackle, apparatus, or other accessories, and the invention is used for the vessel’s actual needs only; or
ii: in the construction or working of a foreign aircraft or foreign land vehicle or of a foreign aircraft’s or foreign land vehicle’s accessories; and
b: the vessel, aircraft, or land vehicle comes into the patent area accidentally or only temporarily.
2: In this section, foreign
a: registered in a convention country, in the case of a vessel or aircraft; or
b: owned by a person resident or incorporated in a convention country, in the case of a land vehicle. 1953 No 64 s 79
145: No infringement for use to produce information required by law
It is not an infringement of a patent for a person to make, use, import, sell, hire, or otherwise dispose of the invention solely for uses reasonably related to the development and submission of information required under any law (whether in New Zealand or elsewhere) that regulates the manufacture, construction, use, importation, sale, hire, or disposal of any product. 1953 No 64 s 68B
146: No infringement for prior use of invention
1: It is not an infringement of a patent for a person to do an act that exploits an invention, and that would infringe a patent apart from this section, if, immediately before the priority date of the relevant claim, the person—
a: was exploiting the invention in the patent area; or
b: had taken definite steps (contractually or otherwise) to exploit the invention in the patent area.
2: Subsection (1) does not apply if, before the priority date, the person—
a: had stopped (except temporarily) exploiting the invention; or
b: had abandoned (except temporarily) the steps to exploit the invention.
3: Subsection (1) does not apply to an invention the person derived from any of the following persons, unless the person derived the invention from information that was made publicly available by or with the consent of that person:
a: the patentee or nominated person:
b: any person from whom the patentee or nominated person derives title.
4: A person ( A
a: may dispose of the whole of A's entitlement under subsection (1) to exploit an invention without infringing a patent to another person ( B
b: may not license any or all of A's entitlement under subsection (1) to another person.
5: This section applies in respect of a patent only if—
a: the relevant patent application was made under this Act on or after the commencement of Part 3 section 258
b: this Act applies to the relevant patent application under section 256 257 259(4) Patents Act 1990 s 119 (Aust) Counterclaim for revocation of patent
147: Defendant may counterclaim for revocation of patent
1: A defendant may apply by way of counterclaim in an infringement proceeding for revocation of the patent on any of the grounds stated in section 114
2: If the defendant is a government department, it may apply by way of counterclaim in an infringement proceeding for revocation of the patent on the ground stated in section 115 section 114 Bringing infringement proceeding in court
148: Who may bring infringement proceeding
1: An infringement proceeding may be brought in court by—
a: the patentee:
b: an exclusive licensee for any infringement that occurs during the term of the licence.
2: However, section 150
3: Nothing in subsection (1), section 81 section 150 Limitation Act 2010
149: When proceeding may be brought
1: An infringement proceeding may not be brought until the patent is granted.
2: However, section 81
150: Right to bring infringement proceeding if registrable assignment or licence has occurred
1: If a person has the right to bring an infringement proceeding under section 148(1) section 165
a: the person's title or interest was registered at least 1 month before the commencement of the proceeding; or
b: the person has—
i: given at least 1 month's written notice to the proposed defendant of the intention to bring the proceeding; and
ii: registered the person's title or interest before bringing the proceeding.
2: However, a person may bring an infringement proceeding in court, despite not having registered the person's title or interest, if—
a: the person would be entitled to do so under section 148(1)
b: the person has given at least 1 month's written notice to the proposed defendant of the intention to bring the proceeding and provided an address for service in New Zealand; and
c: within that notice period, the proposed defendant has not required the proposed plaintiff to register that title or interest.
3: However, the court may, on application to it, authorise a person to bring an infringement proceeding in court without complying with subsection (1) or (2)(b).
151: Proceeding brought by exclusive licensee
1: If an exclusive licensee brings an infringement proceeding, the patentee must be joined as a defendant (unless joined as a plaintiff).
2: A patentee joined as a defendant is not liable for costs unless the patentee actually defends the proceeding. 1953 No 64 s 72 Relief for infringement
152: Types of relief available for infringement
The relief that the court may grant for an infringement of a patent includes—
a: an injunction; and
b: at the option of the plaintiff, damages or an account of profits. 1953 No 64 s 69
153: Court must not award damages or account of profits if innocent infringement
1: The court must not award damages or an account of profits for infringement of a patent if the defendant proves that at the date of the infringement the defendant did not know, and ought not reasonably to have known, that the patent existed or, in the case of a proceeding under section 81
2: It is presumed that a person ought reasonably to have known that a patent existed if—
a: a product is marked so as to indicate it is patented in New Zealand and with the New Zealand patent number; and
b: the person knew, or ought reasonably to have known, of the product.
3: But there is no presumption if the product is marked merely so as to indicate it is patented. 1953 No 64 s 68(1)
154: Court must refuse damages or account of profits for infringement before amendment to accepted specification
1: If an amendment has been made to an accepted complete specification under this Act, the court must not award damages or an account of profits for an infringement that occurs before the date of the decision to allow the amendment.
2: Subsection (1) does not apply if—
a: the court is satisfied that the specification, as accepted, was framed in good faith and with reasonable skill and knowledge; or
b: it is only an amendment to correct an obvious mistake. 1953 No 64 s 68(3)
155: Court may refuse damages or account of profits if renewal fees not paid
The court may refuse to award damages or an account of profits for an infringement that occurs after a failure to pay any renewal fee for the patent within the prescribed period and before any extension of that period. 1953 No 64 s 68(2)
156: Limits on damages and accounts of profits do not affect power to grant injunction
Nothing in sections 153 to 155 1953 No 64 s 68(4)
157: Court may grant relief for partially valid patent
1: If it is found in an infringement proceeding that a patent is only partially valid, the court may grant relief for that part of the patent that is valid and infringed.
2: However, the court may grant damages, an account of profits, or costs for that part of the patent only if the plaintiff proves that the invalid claim was framed in good faith and with reasonable skill and knowledge.
3: It is at the court’s discretion whether or not to grant costs and as to the date from which damages or the account of profits should be counted.
4: The court may, as a condition of the relief, direct that the specification be amended by an application under section 89 1953 No 64 s 71
158: Court may grant costs for subsequent proceeding if validity of specifications contested
1: If the validity of a claim of a specification is contested in a proceeding and the court finds the claim to be valid, the court may certify that the claim’s validity was contested in that proceeding.
2: A party who is relying on the validity of that claim in any subsequent infringement or revocation proceeding is then entitled to reasonable solicitor-client costs for the certified claim if a final order or judgment is made or given in favour of that party.
3: This section does not apply to the costs of any appeal in the subsequent proceeding. 1953 No 64 s 73
2: Declarations of non-infringement
159: Application for declaration of non-infringement
1: A person who wishes to exploit an invention may apply to a court for a declaration that the exploitation of the invention would not infringe a claim of a complete specification.
2: An application may be made—
a: at any time after the complete specification has become open to public inspection; and
b: whether or not the patentee or nominated person has made any assertion to the effect that the exploitation of the invention would infringe the claim.
3: The patentee or nominated person must be joined as a respondent in the proceeding. Patents Act 1990 s 125 (Aust)
160: Proceeding for declaration of non-infringement
1: The court must not make a declaration of non-infringement unless a patent has been granted in respect of the relevant invention and—
a: the applicant for the declaration—
i: has asked the nominated person or patentee in writing for a written admission that the proposed exploitation would not infringe a claim of the complete specification; and
ii: has given the nominated person or patentee full written particulars of the proposed exploitation; and
iii: has undertaken to pay a reasonable sum for the nominated person's or patentee's expenses in obtaining advice about whether the proposed exploitation would infringe the claim; and
b: the nominated person or patentee has refused or failed to make the admission; and
c: the court is satisfied that the proposed exploitation would not infringe a claim of the complete specification.
2: Nothing in this section limits the court's jurisdiction to grant a declaration apart from this section. 1953 No 64 s 75(1)
161: Costs in declaration of non-infringement
The costs of the parties in a proceeding for a declaration of non-infringement are at the discretion of the court. 1953 No 64 s 75(2)
162: Validity of patent not at issue in proceeding for, and not affected by, declaration of non-infringement
1: The validity of a claim of the specification of a patent must not be questioned in a proceeding for a declaration of non-infringement.
2: Accordingly, whether or not a declaration is made does not affect the validity of the patent. 1953 No 64 s 75(3)
3: Standing of Attorney-General
163: Attorney-General may appear in patent proceeding
1: The Attorney-General may do all or any of the following things if he or she considers that the public interest is or may be involved:
a: bring a proceeding to test the validity of a patent:
b: apply for the revocation of a patent:
c: appear and be heard in any proceeding before a court or the Commissioner for the grant, amendment, or revocation of a patent, or for a declaration of non-infringement, and take any steps he or she considers desirable as if he or she were a party to the proceeding:
d: intervene in, and take over the control and conduct of, any proceeding referred to in paragraph (c) with the consent of a party.
2: In any proceeding in which the Attorney-General appears, costs may be awarded either to or against the Attorney-General. 1953 No 64 s 76(1), (3)
164: Parties must give notice to Solicitor-General if questioning patent validity
1: A party to a proceeding before a court or the Commissioner who intends to question the validity of a patent must give notice of that intention to the Solicitor-General.
2: That notice must be given in writing at least 21 days before the hearing.
3: The party must also supply the Solicitor-General with any papers filed in the proceeding by that or any other party to the proceeding that the Solicitor-General requests. 1953 No 64 s 76(2)
4: Patent dealings, patent licences, and transmission of interests in patents
Registration of assignments, licences, and other interests in patents
165: Application for registration of assignments, licences, and other interests in patents
1: A person who acquires a patent or share in a patent or an interest in a patent ( A
2: However, the person who disposes of the patent or share in a patent or who confers the interest may instead apply to register A's title or interest (and in this case subsection (1) does not apply).
3: In either case, the application must be made in the prescribed manner.
4: This section applies to acquisitions and disposals by assignment, transmission, operation of law, mortgage, licence, or by any other means (other than a compulsory licence granted under subpart 5 1953 No 64 s 84(1), (2), (5)
166: Registration of assignments, licences, and other interests in patents
If an application is made under section 165 A
a: must register A's title or interest; and
b: may issue a replacement patent in the name of the new patentee; and
c: must retain any documents provided with the application under section 165 Vesting of patents and patent applications without probate or letters of administration
167: Commissioner may vest patent or patent application without probate or letters of administration
1: If a patentee, applicant for a patent, or nominated person ( A B
a: B proves, to the Commissioner’s satisfaction, that—
i: B is entitled to obtain probate of A’s will or letters of administration of A’s estate, or is A’s personal representative, in the place where A was living at the time of his or her death; and
ii: probate or letters of administration have not been made or resealed in New Zealand; and
iii: the interests of A’s creditors, and of all persons beneficially interested under A’s will or on A’s intestacy, will be adequately safeguarded if this action is taken; and
b: B applies in the prescribed manner.
2: If B becomes the patentee, applicant, or nominated person under this section, B holds the patent subject to all existing interests and equities affecting it.
3: This section applies even if A died before the commencement of this section.
4: Nothing in section 70 73 1953 No 64 s 86 Termination of sales, leases, and licences of patented products and processes if patent no longer in force
168: Termination of sales, leases, and licences of patented products and processes if patent no longer in force
1: This section applies to the following contracts:
a: a contract for the sale or lease of a patented product:
b: a licence to exploit a patented product or process.
2: A contract that this section applies to may be terminated by either party, on giving 3 months’ written notice to the other party, at any time after the patent, or all the patents, by which the product or process was protected at the time the contract was made, has or have ceased to be in force.
3: Subsection (2)—
a: applies whether the contract was made before or after the commencement of this section; and
b: applies despite anything to the contrary in the contract or in any other contract; and
c: does not limit any right to terminate a contract exercisable apart from this section. 1953 No 64 s 67
5: Compulsory licences
Compulsory licences for supply of patented inventions predominantly in New Zealand
169: Application for compulsory licence where market is not being supplied, or is not being supplied on reasonable terms, in New Zealand
1: Any person may apply to the court for the grant of a licence under a patent on either of the grounds specified in subsection (2) at any time after the later of—
a: the expiry of 3 years from the date that the patent is granted; or
b: the expiry of 4 years from the patent date.
2: The grounds are that a market for the patented invention—
a: is not being supplied in New Zealand; or
b: is not being supplied on reasonable terms in New Zealand. 1953 No 64 s 46(1), (2)
170: Court may order grant of licence
1: The court may make an order for the grant of a licence in accordance with an application under section 169 section 169(2)
2: However,—
a: a licence must not be granted under this section for a patent relating to an integrated circuit:
b: no order may be made under subsection (1) that would be contrary to any treaty, convention, arrangement, or engagement applying to New Zealand and any convention country.
3: A licence granted under this section—
a: is not exclusive; and
b: must not be assigned otherwise than in connection with the goodwill of the business in which the patented invention is used; and
c: is limited to the supply of the patented invention predominantly in New Zealand; and
d: must be recorded in the patents register by the Commissioner as soon as is reasonably practicable after the Commissioner receives a copy of the order made under subsection (1).
4: Any licence granted under this section may, on the application of an interested person, be terminated by the court if the court is satisfied that the grounds on which the licence was granted have ceased to exist. 1953 No 64 ss 46(3)–(5), (8) 54(3) Compulsory licences for export of pharmaceutical products
171: Court may order grant of licence for export of pharmaceutical products to certain countries
1: The court may, on an application made by any person, make an order for the grant of a licence under a patent if the court is satisfied that—
a: the patented invention is—
i: a pharmaceutical product; or
ii: a process for making a pharmaceutical product; and
b: the pharmaceutical product is needed to address a serious public health problem in 1 or more overseas countries specified in the application (for example, an epidemic, whether actual or imminent, of HIV/AIDS, tuberculosis, malaria, or other disease); and
c: each of those overseas countries is either—
i: an eligible importing Member that has made a notification in respect of the product under either paragraph 2(a) of the relevant decision or paragraph 2(a) of the Annex to the TRIPS agreement; or
ii: a country that is currently specified in respect of the product in a notice under section 172
d: all of the pharmaceutical products made under the licence will be exported to those overseas countries.
2: A licence granted under this section—
a: is not exclusive; and
b: must not be assigned otherwise than in connection with the goodwill of the business in which the patented invention is used; and
c: must be recorded in the patents register by the Commissioner as soon as is reasonably practicable after the Commissioner receives a copy of the order made under subsection (1).
3: Any licence granted under this section may, on the application of an interested person, be terminated by the court if the court is satisfied that the grounds on which the licence was granted have ceased to exist.
4: For the purposes of this section and sections 172 to 174 eligible importing Member
a: if the amendment to the TRIPS agreement to insert Article 31bis has not yet taken effect, an eligible importing Member within the meaning of paragraph 1 of the relevant decision:
b: if the amendment to the TRIPS agreement to insert Article 31bis has taken effect, an eligible importing Member within the meaning of that Article pharmaceutical product relevant decision
172: Secretary of Foreign Affairs and Trade may publish notices that specify eligible countries
1: This section applies if—
a: the government of a country that is not a member of the World Trade Organization has sent to the Government of New Zealand a request for the country to be specified under this section for the purposes of section 171(1)(c)(ii)
b: the request sets out information relating to why the government of that country considers that either—
i: the country has no manufacturing capacity in its pharmaceutical sector for the pharmaceutical product; or
ii: the country's manufacturing capacity in its pharmaceutical sector for the pharmaceutical product (excluding any capacity owned or controlled by the patentee) is currently insufficient for the purposes of meeting its need for the product; and
c: the request specifies the expected quantity of the pharmaceutical product that is needed by the country.
2: The Secretary of Foreign Affairs and Trade (the Secretary Gazette section 171(1)(c)(ii)
a: the country has no manufacturing capacity in its pharmaceutical sector for the product; or
b: the country's manufacturing capacity in its pharmaceutical sector for the product (excluding any capacity owned or controlled by the patentee) is currently insufficient for the purposes of meeting its need for the product.
3: The notice under subsection (2) must—
a: specify the country and pharmaceutical product; and
b: specify the expected quantity of the pharmaceutical product that is needed by the country (as notified to the Government of New Zealand under subsection (1)); and
c: state that the Secretary is satisfied of the matters specified in subsection (2) and his or her reasons for being so satisfied.
4: The Secretary may, by notice in the Gazette
a: amend or revoke a notice under subsection (2):
b: revoke a notice under subsection (2) and replace it with another.
5: The Secretary must publish a copy of a notice under subsection (2) on an Internet site maintained by, or on behalf of, the Ministry of Foreign Affairs and Trade.
6: Section 172(6) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
173: Terms of licence
1: An order under section 171
a: the name and address of the licensee:
b: the name of the patented invention for which the licence has been granted:
c: the name of the country or countries to which the pharmaceutical products made under the licence must be exported:
d: the maximum quantity of pharmaceutical products that may be exported to each of those countries (which must be no more than the court considers is necessary to meet the needs of the country):
e: the duration of the licence:
f: the address of the licensee's Internet site for the purposes of subsection (2)(e).
2: A licence granted under section 171
a: all pharmaceutical products made under the licence must be clearly identified, through specific labelling or marking, as having been made under a compulsory licensing scheme for the export of the product:
b: all pharmaceutical products made under the licence must have particular distinguishing features (for example, special packaging or special colouring or shaping of the products) if including those features is feasible and does not have a significant impact on price:
c: all pharmaceutical products made under the licence must be exported to the country or countries specified under subsection (1)(c):
d: the licensee must, before exporting the pharmaceutical products to a country specified under subsection (1)(c), supply to the Council for Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization a statement containing the following information for the purpose of the information being published on the WTO Internet site:
i: the quantities of the pharmaceutical product to be exported to the country:
ii: the specific labelling or marking referred to in paragraph (a) and any distinguishing features of the pharmaceutical products referred to in paragraph (b):
e: the licensee must, before exporting the pharmaceutical products to a country specified under subsection (1)(c), publish the information specified in paragraph (d) on the licensee's Internet site.
3: A licence granted under section 171
4: For the purposes of this section,— licensee's Internet site WTO Internet site
174: Copy of order must be sent to Commissioner and Secretary of Foreign Affairs and Trade
1: The Registrar of the court must, as soon as is reasonably practicable after an order is made under section 171
2: The Secretary must, as soon as is reasonably practicable after receiving a copy of the order, publish a copy of the order on an Internet site maintained by, or on behalf of, the Ministry of Foreign Affairs and Trade. General provisions relating to compulsory licences
175: Remuneration payable to patentee
If a licence is granted under this subpart to a person, that person must pay to the patentee the remuneration—
a: that is agreed between that person and the patentee; or
b: that is determined by a method agreed between that person and the patentee; or
c: that is determined by the court on the application of that person or the patentee in default of agreement. 1953 No 64 s 46(6)
176: Person applying for licence must have made efforts to obtain licence from patentee on reasonable commercial terms and conditions
A licence must not be granted under this subpart unless the person applying for the licence, having made efforts to obtain a licence from the patentee on reasonable commercial terms and conditions, has been unable to obtain a licence, or to obtain a licence on reasonable commercial terms and conditions, from the patentee within a reasonable period of time. 1953 No 64 s 46(7)
177: Exercise of powers on applications under section 169, 171, or 175
1: The powers of the court on an application under section 169 171 175
2: For the purposes of subsection (1), the court must, in the case of a licence under section 171 1953 No 64 s 48
178: Order for grant of licence has effect as deed
1: Any order under this subpart for the grant of a licence has effect as if it were a deed, executed by the patentee and all other necessary parties, granting a licence in accordance with the order.
2: Subsection (1) does not limit any other method of enforcement. 1953 No 64 s 54(1)
6: Crown use of inventions
179: Crown use of inventions
1: Any government department, and any person authorised in writing by a government department, may exploit any invention for the services of the Crown at any time after the complete specification relating to an application for a patent for the invention has become open to public inspection.
2: The exploitation of an invention under subsection (1) is not an infringement,—
a: if the application for a patent is pending, of the nominated person’s rights in the invention; or
b: if a patent has been granted for the invention, of the patent.
3: Subsection (1)—
a: is subject to sections 186 to 188
b: applies despite any other provision of this Act.
4: For the purposes of this subpart,—
a: any use of an invention for the supply to the government of any country outside New Zealand of products required for the defence of that country must be treated as exploitation of the invention for the services of the Crown if that supply is made in accordance with any agreement or arrangement between the Government of New Zealand and the government of that country:
b: the power of a government department or a person authorised by a government department under this section to exploit an invention includes the power to sell to any person any products made in the exercise of the powers conferred by this section that are no longer required for the purpose for which they were made:
c: the power of a government department or a person authorised by a government department under this section to sell an invention does not, in the case of an application for a patent or a patent relating to an integrated circuit, extend to the sale of the invention to the public. 1953 No 64 s 55(1), (2)
180: Order in Council may declare use to be Crown use
1: Any use of an invention must, for the purposes of this subpart, be treated as a use for the services of the Crown if the Governor-General, by Order in Council, declares that the use of the invention by a person, or by any class of persons, engaged in a particular industry is necessary or desirable to enable full benefit to be derived by the members of the public in New Zealand of any enterprise or undertaking in which the Crown or any government department has a complete or an almost complete monopoly.
2: An order under this section is secondary legislation ( see Part 3 1953 No 64 s 55(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 180(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
181: Protection of buyers
The buyer of any products sold in the exercise of powers conferred by section 179 1953 No 64 s 55(4)
182: Rights of third parties in respect of Crown use
1: This section applies in relation to any use of a patented invention, or of an invention for which a patent application is pending, made for the services of the Crown—
a: by a government department or a person authorised by a government department under section 179
b: by the patentee, nominated person, or applicant for the patent to the order of a government department.
2: The provisions of any licence, assignment, or agreement made between the patentee, nominated person, or applicant for the patent, or any person who derives title from that person or from whom that person derives title, and any person other than a government department is of no effect to the extent that those provisions—
a: restrict or regulate the use of the invention referred to in subsection (1); or
b: restrict or regulate the use of any model, document, or information relating to the invention in relation to the use of the invention referred to in subsection (1); or
c: provide for the making of payments for any of those uses or calculated by reference to any of those uses.
3: The reproduction or publication of any model or document in connection with a use referred to in subsection (1) is not an infringement of any copyright subsisting in the model or document.
4: Subsection (2)—
a: applies whether the licence, assignment, or agreement is made before or after the commencement of this section; and
b: is subject to sections 186 188 1953 No 64 s 56
183: Reference of disputes concerning Crown use
1: The following disputes may be referred to the court by either party to the dispute in the manner that is prescribed by rules of the court:
a: any dispute concerning the exercise by a government department or a person authorised by a government department of the powers conferred by section 179
b: any dispute concerning the terms for the use of an invention for the services of the Crown under that section.
2: In any proceeding under this section, the government department may,—
a: if the patentee is a party to the proceeding, apply for the revocation of the patent on any ground on which a patent may be revoked under subpart 11
b: in any case, put in issue the validity of the patent without applying for its revocation.
3: In determining any dispute referred to the court under this section, the court must have regard to—
a: any benefit or compensation that the nominated person or patentee may have received, or may be entitled to receive, directly or indirectly from any government department or person authorised by a government department in respect of the invention; and
b: the need to ensure that the nominated person or patentee receives adequate remuneration having regard to the nature of the invention. 1953 No 64 s 57(1)–(3)
184: Court may refer matter to special or official referee or arbitrator
1: In any proceeding under section 183
2: References to the court in section 183 1953 No 64 s 57(4)
185: Special provisions as to Crown use during emergency
1: The powers exercisable in relation to an invention by a government department or a person authorised by a government department under section 179
a: to avoid prejudice to the security or defence of New Zealand; or
b: to assist in the exercise of powers and the implementation of civil defence emergency management during a state of emergency declared under the Civil Defence Emergency Management Act 2002
2: This section is subject to sections 186 to 188 1953 No 64 s 58
186: Nature and scope of rights under section 179
1: The right to use an invention under section 179
a: is not exclusive; and
b: must not be assigned otherwise than in connection with the goodwill of the business in which the invention is used; and
c: is, despite section 179(4)(a)
2: The right to use an invention under section 179
3: The right to use an invention under section 179 section 185 section 179 1953 No 64 s 58A
187: Duty to inform nominated person or patentee
1: If any use of an invention is made by or with the authority of a government department under section 179
2: Subsection (1) does not require the government department to notify or disclose information to the nominated person or patentee if to do so would, or might reasonably be expected to, prejudice the security or defence of New Zealand. 1953 No 64 s 58B
188: Nominated person or patentee entitled to remuneration
The Crown must, if an act is done under section 179
a: that is agreed between the nominated person or patentee and the Crown; or
b: that is determined by a method agreed between the nominated person or patentee and the Crown; or
c: that is determined by the court under section 183 1953 No 64 s 58C
7: Mention of inventor in patent, specification, and patents register
189: Mention of inventor in patent, specification, and patents register
1: This section applies if the Commissioner is satisfied, on a request or claim made under section 190
a: that the person in respect of whom, or by whom, the request or claim is made is the inventor of—
i: an invention for which a patent application has been made; or
ii: a substantial part of an invention for which a patent application has been made; and
b: that the patent application is a direct result of that person being the inventor.
2: The Commissioner must cause the person to be mentioned as inventor in—
a: any patent granted in relation to the patent application; and
b: the complete specification; and
c: the patents register.
3: The mention of a person as inventor under this section does not confer or derogate from any rights under the patent. 1953 No 64 s 23(1)
190: Request or claim to be mentioned as inventor
1: A request or claim made for the purposes of section 189
2: A request or claim under this section must be made—
a: before the date that is 2 months after the complete specification becomes open to public inspection; or
b: within a further period (not exceeding 1 month) that the Commissioner may allow.
3: The Commissioner may only extend the period under subsection (2)(b) on a request to that effect made to the Commissioner before the expiry of the 2 month period referred to in subsection (2)(a). 1953 No 64 s 23(3)–(5)
191: Request or claim may not be considered in certain circumstances
No request or claim under section 190 section 92(1)(b) subpart 9 1953 No 64 s 23(6)
192: Commissioner must give notice of claim and opportunity to be heard
1: If a claim is made under section 190
2: The Commissioner must, before deciding on any request or claim made under section 190
a: the person in respect of whom, or by whom, the request or claim is made:
b: any person to whom notice of the claim has been given under this section. 1953 No 64 s 23(7)
193: Certificate concerning mention of inventor
1: A person who alleges that another person should not have been mentioned as inventor under sections 189 to 192
2: The Commissioner may issue a certificate that specifies that a person should not have been mentioned as inventor under those sections.
3: If the Commissioner issues a certificate, the Commissioner must rectify the specification and the patents register accordingly.
4: The Commissioner must, before deciding to issue a certificate, give a reasonable opportunity to be heard to any person that the Commissioner considers is interested. 1953 No 64 s 23(8)
5: Administrative and miscellaneous provisions
1: Patents register and other information on patents and patent applications
Patents register
194: Patents register
1: The Commissioner must keep a register of patents in New Zealand in accordance with this Act and the regulations.
2: Sections 204 205
195: Purpose of patents register
The purpose of the patents register is to—
a: enable members of the public to—
i: know what patents are in force and the key dates for those patents (for example, the date of filing of the patent application); and
ii: know who is the patentee and who has other interests in a patent (for example, under a mortgage or licence) and the addresses for service of those persons; and
iii: find out about the scope of a claim; and
iv: find out other matters affecting the validity and ownership of the patent and of any licences of the patent; and
b: facilitate the functions of the Commissioner under this Act.
196: Form of patents register
The patents register may be—
a: an electronic register; or
b: kept in any other manner that the Commissioner thinks fit.
197: Contents of patents register
1: The patents register must contain the following information for patents in force in New Zealand:
a: the names, addresses, nationality or principal place of business (as appropriate), and addresses for service of patentees:
b: the date of filing of the patent application, the patent date, the priority date or dates, the date of the publication of the accepted complete specification, the date the complete specification became open to public inspection, the date that the patent is granted, and the date the next renewal fee is due:
c: titles of the complete specifications:
d: details of assignments and transmissions:
e: the names, addresses, and addresses for service of licensees and other persons with interests in patents:
f: any other matters required by or under this Act to be entered in the patents register.
2: The patents register may also contain any other information that the Commissioner considers necessary or desirable.
3: No notice of any trust may be entered in the patents register, and the Commissioner is not affected by any notice of that kind. 1953 No 64, s 83(1), (4) Searches of patents register and obtaining patent information
198: Search of patents register
A person may search the patents register in accordance with this Act or the regulations.
199: Requests for patent information and certified copies
The Commissioner must, if a person requests it in the prescribed manner, give the person—
a: a copy of, or extract from, a patent or any registered document that is certified by the Commissioner as a true copy or extract of the original for the purposes of section 204
b: a certificate as to any of the matters stated in section 205
c: any prescribed information concerning a patent or patent application. 1953 No 64 s 90 Changes to patents register and other official documents
200: Changes to patents register
The Commissioner may make changes to the patents register in accordance with this Act or the regulations.
201: Commissioner may correct own mistakes in patents register, etc
1: The Commissioner may correct an error or omission that the Commissioner is satisfied has been made by the Commissioner in—
a: the patents register; or
b: any patent; or
c: any other document issued under this Act.
2: The Commissioner must, before making the correction,—
a: give notice that the Commissioner proposes to make the correction to persons that the Commissioner thinks have an interest in it; and
b: give those persons a reasonable opportunity to be heard.
3: The Commissioner may require production of the patent or other document to make the correction. 1953 No 64 s 88(1), (2)
202: Commissioner may correct other persons’ mistakes in patents register, etc
1: The Commissioner may (on application by any person or on the Commissioner’s own initiative) correct an error or omission that the Commissioner is satisfied has been made by any person in—
a: the patents register; or
b: any patent; or
c: any patent application; or
d: any documents filed in connection with a patent application or filed in proceedings before the Commissioner in connection with a patent or patent application.
2: Any person (whether or not that person made the error or omission) may apply for a correction under this section in the prescribed manner.
3: The Commissioner must, before making the correction, publish in the journal the nature of the proposed correction if the Commissioner thinks that—
a: the correction would materially alter the meaning or scope of the document to be corrected; and
b: it ought not be made without notice to persons who have an interest in it.
4: If a person gives notice within the prescribed time to the Commissioner of opposition to the application for the proposed correction, the Commissioner must, before deciding the matter,—
a: give notice of the opposition to the applicant (if any); and
b: give the applicant (if any) and opponent a reasonable opportunity to be heard.
5: This section does not apply to an error or omission by persons referred to in section 201(1) see section 40 subpart 8 1953 No 64 s 88(3), (4)
202A: Commissioner may alter certain inconsistent information
1: This section applies if information in the patents register relating to a person is inconsistent with primary business data of that person in the New Zealand Business Number Register.
2: If this section applies, the Commissioner may, in the prescribed manner (if any), alter the information in the patents register so that it is consistent with the primary business data in the New Zealand Business Number Register.
3: In this section, primary business data section 20(2) Section 202A inserted 13 May 2016 section 41 New Zealand Business Number Act 2016
203: Court may rectify patents register
1: The court may, on application of any person aggrieved, order the patents register to be rectified by making an entry, or varying or deleting an entry, in it.
2: In a proceeding under this section, the court may determine any question that it is necessary or expedient to decide in connection with the rectification of the patents register.
3: The applicant for rectification must give notice of the application in the prescribed manner to the Commissioner.
4: The Commissioner is entitled to appear and be heard on the application, and must appear if so directed by the court.
5: Any order by the court under this section must direct that notice of the order must be served on the Commissioner in the prescribed manner.
6: The Commissioner must, on receipt of notice of an order, rectify the patents register accordingly. 1953 No 64 s 87 Evidence
204: Evidence: patents register and patents
1: The patents register is prima facie evidence of any matters required or authorised by or under this Act to be entered in it.
2: A copy of, or extract from, a patent or registered document that purports to be certified as a true copy or extract by the Commissioner is admissible in evidence in legal proceedings as if it were the original. 1953 No 64 ss 83(3) 89(2)
205: Evidence: anything done by Commissioner
1: A certificate purporting to be signed by the Commissioner in relation to the matters referred to in subsection (2) is for all purposes prima facie evidence of those matters specified in the certificate.
2: The matters are—
a: that anything that he or she is authorised to do by or under this Act, or any other enactment in relation to patents or patent applications (including entries in the patents register) has or has not been done; or
b: that anything that he or she is authorised or required to do by or under this Act, or any other enactment in relation to patents or patent applications, has been lawfully done; or
c: that any entry in the patents register is as stated in the certificate. 1953 No 64 s 89(1) Journal and other publications
206: Commissioner must publish journal
1: The Commissioner must periodically publish a journal containing—
a: prescribed details concerning patents and patent applications (for example, the names and patentees of patents granted and brief descriptions of the inventions); and
b: any other matter required by this Act, the regulations, or any other law to be published in it; and
c: other information concerning patents or patent applications that the Commissioner thinks is useful or desirable for patentees, patent applicants, licensees, or the public to know.
2: The journal may be published electronically or in any other manner that the Commissioner thinks fit. 1953 No 64 s 112(1)
207: Commissioner may keep or publish indexes, etc
1: The Commissioner may publish indexes, specifications, abridgments of specifications, catalogues, and other works relating to inventions, patents, and patent applications that he or she thinks fit.
2: The Commissioner may keep a classification by subject matter of—
a: specifications filed in New Zealand and open to public inspection; and
b: printed publications relating to patents published in New Zealand that are necessary or useful for the purpose of determining with readiness and accuracy the patentability of inventions.
3: Those indexes and other documents may be published or kept electronically or in any other manner that the Commissioner thinks fit. 1953 No 64 s 112(2), (3)
2: General provisions on proceedings of Commissioner
Hearing before exercise of Commissioner's discretion
208: Hearing before exercise of Commissioner's discretion
1: The Commissioner must not exercise any of the Commissioner's discretionary powers under this Act or any regulations adversely to any applicant or other party to a proceeding before the Commissioner without giving the person a reasonable opportunity of being heard in the prescribed manner.
2: Subsection (1) does not apply to—
a: the Commissioner's power to direct an applicant to request an examination under section 64
b: a person to whom section 100 1953 No 64 s 94 Giving evidence to Commissioner
209: How to give evidence to Commissioner in proceedings
1: Evidence must be given by affidavit or statutory declaration (unless the Commissioner directs otherwise under subsection (2)) in proceedings before the Commissioner under this Act.
2: However, the Commissioner may—
a: take oral evidence instead of, or as well as, the affidavit or declaration; and
b: allow a witness to be cross-examined on the witness’s affidavit, declaration, or oral evidence.
3: The statutory declaration may be used before a court in any appeal instead of evidence by affidavit and, if used in this way, has all the same incidents and consequences as evidence by affidavit.
4: Section 111 1953 No 64 s 96(1), (4)
210: Commissioner may receive evidence on oath
1: The Commissioner may also administer oaths to any witness in proceedings before him or her.
2: Evidence given on oath before the Commissioner is given in judicial proceedings for the purposes of sections 108 109 1953 No 64 s 96(2), (3)
211: Issuing of summons by Commissioner
1: The Commissioner may issue a summons to a person requiring that person to attend a hearing before the Commissioner and to do all or any of the following matters:
a: give evidence:
b: give evidence under oath:
c: produce documents, things, or information, or any specified documents, things, or information, in the possession or control of that person that are relevant to the hearing.
2: The Commissioner may require that any documents, things, or information produced under this section be verified by oath, statutory declaration, or otherwise.
3: Sections 234 to 236 Power to award costs
212: Commissioner may award costs
1: The Commissioner may, in any proceedings before him or her under this Act,—
a: by order, award to a party costs of an amount that the Commissioner thinks appropriate (which, without limitation, may be on an indemnity basis); and
b: direct how and by what parties they are to be paid.
2: The order may be entered as a judgment of the court and may be enforced accordingly. 1953 No 64 s 95(1)
213: Commissioner may require security for costs
1: The Commissioner may require a party to proceedings to give security for the costs of the proceedings if the Commissioner is satisfied that—
a: the party does not reside, and does not carry on business, in New Zealand; or
b: there is reason to believe that the party will be unable to pay the costs of the other party if unsuccessful in the proceedings.
2: If the party does not give the security required, the Commissioner may treat the proceedings as abandoned by the party and determine the matter accordingly. 1953 No 64 s 95(2) Appeals against Commissioner’s decisions
214: Appeals against decisions of Commissioner
1: A person who is aggrieved by a decision of the Commissioner under this Act may appeal to the court.
2: An appeal must be brought—
a: in accordance with the rules of court; and
b: within—
i: 20 working days after the date of the decision; or
ii: any further time the court allows on application made before or after that period expires.
3: This section does not allow an appeal to be made to the court from a decision of the Commissioner under section 28 29 see section 30
215: Appeals against decisions of court on appeal
1: A decision of the court on an appeal against a decision of the Commissioner may be appealed to the Court of Appeal if—
a: the decision was made under section 26
b: the decision was made under section 99 112
c: the court or Court of Appeal gives leave.
2: All other decisions of the court on an appeal against a decision of the Commissioner are final.
3: However, this section does not limit the rights of appeal under sections 68 69 1953 No 64 ss 97(4) 98 Section 215(3) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Costs of Commissioner
216: Costs of Commissioner in proceeding
In any proceeding before a court under this Act, the costs of the Commissioner are at the discretion of the court. 1953 No 64 s 99
3: Establishment and operation of administrative bodies and officers for patents
Commissioner and Assistant Commissioners
217: Commissioner and Assistant Commissioners
1: The chief executive of the Ministry must appoint, under the Public Service Act 2020
a: the Commissioner of Patents; and
b: as many Assistant Commissioners of Patents as may be necessary for the purposes of this Act.
2: These persons are employees of the Ministry, and those appointments may be held separately or in conjunction with any other office in the Ministry. 1953 No 64 ss 3 4 Section 217(1) amended 7 August 2020 section 135 Public Service Act 2020
218: Functions of Commissioner
The functions of the Commissioner are, in accordance with this Act and the regulations, to—
a: examine patent applications and specifications, grant patents, revoke patents, and accept surrenders of patents, and make other decisions relating to patent applications and patent grants:
b: maintain the patents register and carry out other functions relating to the patents register:
c: maintain and supply information on patents and patent applications, including by publishing a journal:
d:
e: carry out other functions, duties, and powers conferred on him or her by this Act and the regulations. Section 218(d) repealed 24 February 2017 section 8 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
219: Powers of Assistant Commissioners of Patents
1: An Assistant Commissioner of Patents has the functions, duties, and powers of the Commissioner under this Act (other than the power to delegate under section 220
2: The fact that an Assistant Commissioner exercises those functions, duties, and powers is conclusive evidence of the authority to do so. 1953 No 64 s 4(2), (3)
220: Power of Commissioner to delegate
1: The Commissioner may delegate to any person, either generally or particularly, any of the Commissioner’s functions, duties, and powers (except this power of delegation).
2: A delegation—
a: must be in writing; and
b: may be made subject to any restrictions and conditions that the Commissioner thinks fit; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Commissioner.
3: A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A 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: Any reference in this Act or the regulations to the Commissioner includes a reference to the delegate in respect of anything delegated to that person.
221: Liability of Commissioner and others
The Commissioner, an Assistant Commissioner, or any other person acting on behalf of the Commissioner is not personally liable for any act or omission done in good faith in the performance or intended performance of the Commissioner’s functions, duties, or powers. Intellectual Property Office of New Zealand
222: Intellectual Property Office of New Zealand
1: The Minister may, by notice in the Gazette
a: appoint a place where there is an office situated for the purpose of communications to and from the public on matters arising under this Act, the Trade Marks Act 2002 Designs Act 1953
b: change that place; and
c: name that office; and
d: change the name of that office.
2: On the commencement of this section (to avoid the need for a notice, but without preventing future changes by notice),—
a: the place used as the Patent Office immediately before the commencement of this section is appointed as the place for that office; and
b: the name of that office is the Intellectual Property Office of New Zealand.
3: The Governor-General may, by Order in Council, amend this Act and any other enactment by omitting the name of that office and substituting another name to reflect a name change of that office.
4: An order under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 222(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
223: Opening hours of Intellectual Property Office of New Zealand
1: The Commissioner may—
a: fix the opening hours for IPONZ; and
b: declare IPONZ closed on any day.
2: The Commissioner must publicly notify those opening hours and (before closing IPONZ) must publicly notify any closure.
3: A thing that must or may be done on a particular day or within a limited period of time may, if that day or the last day of that period is not an opening day of IPONZ, be done on the next opening day (and is then still in time).
224: Closing of Intellectual Property Office of New Zealand at short notice
1: The Commissioner may declare IPONZ closed without giving publication of the closure under section 223
a: he or she thinks it necessary or desirable because of an emergency or other temporary circumstances; and
b: it is not practicable to make that prior publication.
2: The Commissioner must, as soon as practicable after closing IPONZ, publicly notify the closure. Māori advisory committee
225: Appointment and membership of Māori advisory committee
1: The Commissioner must appoint a committee called the Māori advisory committee.
2: The Commissioner may, at any time,—
a: appoint a person to the committee:
b: remove a member from the committee and, if the Commissioner thinks fit, appoint another member in that member’s place.
3: A person must not be appointed as a member of the committee unless, in the opinion of the Commissioner, the person is qualified for appointment, having regard to that person’s knowledge of mātauranga Māori (Māori traditional knowledge) and tikanga Māori (Māori protocol and culture).
4: A member of the committee may resign office by notice in writing to the Commissioner.
226: Functions of Māori advisory committee
The function of the Māori advisory committee is to advise the Commissioner (on request) on whether—
a: an invention claimed in a patent application is derived from Māori traditional knowledge or from indigenous plants or animals; and
b: if so, whether the commercial exploitation of that invention is likely to be contrary to Māori values.
227: Effect of advice from Māori advisory committee
The Commissioner must consider, but is not bound by, the advice given by the Māori advisory committee.
228: Māori advisory committee may regulate own procedure
The Māori advisory committee may regulate its own procedure, subject to any direction given by the Commissioner.
4: Other miscellaneous provisions
Filing and administration of Act
229: Electronic filing and administration of Act
1: This section applies to a requirement under this Act or the regulations for—
a: a person to file information or a document with, or serve or give information or a document to, the Commissioner; and
b: the Commissioner to serve or give information or a document to any person.
2: The requirement referred to in subsection (1)(a) must be met using a prescribed electronic delivery method (or another delivery method permitted by the regulations) in the prescribed manner.
3: The requirement referred to in subsection (1)(b) may be met—
a: by using a prescribed electronic delivery method (or another delivery method permitted by the regulations) in the prescribed manner; or
b: by other means that are reasonable in the circumstances.
4: Anything that is filed, served, or given using a prescribed electronic or other delivery method must be treated as received for the purposes of that requirement when specified by the regulations.
5: However, this section does not apply to a requirement—
a: to file, serve, or give information or documents in any proceeding in a court; or
b: for which a particular or different delivery method is specified in this Act or the regulations (for example, a summons under section 234
6: In this section, information or a document Power to extend time limits
230: Commissioner may extend time limits for delays by Commissioner
1: The Commissioner may extend the time within which anything must be done under this Act or the regulations if that thing is not or will not be done in time because of a delay by the Commissioner.
2: The Commissioner may grant the extension even if the time has expired for doing the thing. 1953 No 64 s 93(1), (5)
231: Commissioner may extend time limits for certain filing requirements or for delivery failures
1: The Commissioner may, on application by any person under section 232
a: the time limit under section 37(2)(a) or (b) section 53
b: the time within which anything must be done under this Act or the regulations if that thing is not or will not be done in time because of a failure or delay of the delivery method.
2: The Commissioner may grant the extension even if the time has expired for doing the thing.
3: However, the Commissioner must refuse to grant the extension if in his or her opinion—
a: the applicant or the applicant’s agent has not allowed a reasonable margin of time for the delivery of any documents or information relating to the matter for which the application for the extension is made; or
b: the applicant or the applicant’s agent has in any other way failed to act with due diligence and prudence on the matter; or
c: there has been undue delay in applying for the extension of time or in prosecuting the application.
4: The Commissioner may grant the extension on any terms or conditions he or she thinks fit. 1953 No 64 s 93A(1), (2), (3)
232: Requirements for applying and granting extensions of time limits under section 231
1: A person must apply for an extension of a time limit under section 231
2: The Commissioner must publish every extension granted in the journal. 1953 No 64 s 93A(4) Serving of other notices
233: Service of notices (other than those given to or by Commissioner)
1: Any notice or any other document required to be served on, or given to, any person under this Act or the regulations is sufficiently served or given if the notice or document is—
a: delivered personally or posted to the person at the person’s address for service or last known place of residence or business; or
b: sent by fax or electronic communication to the person’s last known fax number or electronic address; or
c: made available to the person in accordance with a prescribed electronic delivery method (if permitted under the regulations).
2: A notice or document that is sent to a person at a fax number or an electronic address must be treated as received by that person on the second working day after the date
3: A notice or document that is posted to a person must be treated as received by that person not later than 7 days after the date on which it is posted.
4: However, a notice or document must not be treated as received if the person to whom it is posted or sent proves that it was not received, otherwise than through fault on the person’s part.
5: A notice or document that is made available to a person using the prescribed electronic delivery method must be treated as received by that person when specified by the regulations.
6: This section does not—
a: apply to any requirement to which section 229
b: apply to notices or other documents served, given, or filed in any proceeding in a court or to the extent that a different or particular delivery method is specified by this Act or the regulations. Section 233(2) amended 16 December 2017 section 75 Electronic Interactions Reform Act 2017 Requirements for summons
234: Requirements for summons
1: A summons issued by the Commissioner under section 211
a: the date and time when, and the place where, the person must attend; and
b: the documents, things, or information that the person is required to bring and produce to the Commissioner; and
c: the entitlement to be paid or tendered a sum in respect of witnesses’ fees, allowances, and expenses; and
d: the penalty for failing to attend.
2: A summons may be served by—
a: delivering it personally to the person summoned; or
b: posting it to the person summoned at that person’s usual place of residence or address for service; or
c: sending it by electronic communication to the person's electronic address for service if the person has provided an electronic address for service.
3: A summons must,—
a: if it is to be served by personal delivery, be served at least 48 hours before the attendance of the witness is required:
b: if it is to be served by post, be served at least 10 days before the attendance of the witness is required:
c: if it is to be served by electronic communication, be served at least 48 hours before the attendance of the witness is required.
4: A summons that is posted is treated as having been served when it would have been delivered in the ordinary course of post.
5: A summons that is sent by electronic communication is treated as having been served not later than 2 days after the date on which it is sent.
235: Witnesses’ fees, allowances, and expenses
1: A witness appearing before the Commissioner under a summons is entitled to be paid witnesses’ fees, allowances, and expenses in accordance with the scales prescribed by regulations under the Criminal Procedure Act 2011
2: The person requiring attendance of the witness must pay or tender to the witness the fees, allowances, and expenses at the time the requirement to attend is served or at some other reasonable time before the hearing.
236: Offence of failing to comply with summons
1: A person summoned to attend before the Commissioner commits an offence if the person, without sufficient cause,—
a: fails to attend in accordance with the summons; or
b: does not give evidence when required to do so; or
c: does not give evidence under oath when required to do so; or
d: does not answer any question that is lawfully asked by the Commissioner; or
e: does not provide any documents, things, or information that the summons requires the person to provide.
2: A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.
3: A person must not be convicted of an offence against this section if witnesses’ fees, allowances, and expenses to which the person is entitled under section 235 Fees and other money paid under Act
237: Fees and penalties payable under Act or regulations
1: Fees and penalties must be paid for any matter arising under this Act if required by this Act or by the regulations.
2: The Commissioner may (in addition to any other action permitted under this Act) decline to do any act, or to permit any act to be done, or to receive any document, for which a fee or penalty is payable until that fee or penalty is paid.
3: Fees for international applications may, in accordance with New Zealand’s obligations under the Patent Cooperation Treaty, be collected by the Commissioner on behalf of—
a: the International Bureau; or
b: any international searching authority that has been approved, for the purposes of this subsection, by the Minister as an appropriate authority on whose behalf the Commissioner may collect those fees. 1953 No 64 s 115(1), (3)
238: Payment and application of fees and other money paid under this Act
1: All fees and other money required to be paid by this Act or the regulations must be paid to the Commissioner (unless this Act or the regulations require otherwise).
2: The Commissioner must pay all the fees or other money paid to him or her under this Act into a Departmental Bank Account.
3: Any sum paid to the Commissioner by mistake, or any sum the payment of which is not required by the regulations, may be refunded by the Commissioner, and all money so refunded may be paid out of public money without further appropriation than this Act.
4: Any amount of a fee or other money required to be paid by this Act or the regulations that is not paid is recoverable in a court of competent jurisdiction as a debt due to the Crown or, if the Act or regulations require it to be paid to a person other than the Commissioner, as a debt due to that person.
5: This section applies to fines, disciplinary penalties, and costs orders imposed under this Act other than fines for offences. 1953 No 64, s 115(1), (2) Miscellaneous
239: Protection of Royal arms, etc
The grant of a patent does not in itself authorise the patentee to use or place on a patented product any representation specified in sections 12 to 15 1953 No 64, s 107
240: Saving for certain Crown rights
Nothing in this Act affects the right of the Crown or any person deriving title directly or indirectly from the Crown to sell or use articles forfeited under laws relating to customs or excise. 1953 No 64 s 117
241: Act does not apply to Tokelau
This Act does not apply to Tokelau.
242: Application of Personal Property Securities Act 1999
Nothing in sections 17(2) 23 150 165 166 194 to 204 Personal Property Securities Act 1999 1953 No 64 s 85A
5: Regulations
243: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: Patent applications and the granting of patents
a: prescribing procedures, requirements, and other matters, not inconsistent with this Act, in respect of patent applications and the granting of patents under this Act, including—
i: requiring patent applications, specifications, and any other documents relating to patent applications or specifications to be filed, made, or otherwise provided to the Commissioner in a prescribed manner:
ii: requiring those patent applications, specifications, and documents to be dealt or proceeded with in a prescribed manner:
iii: providing for further information or documents to be filed or otherwise provided to the Commissioner in the prescribed manner, in relation to any of those patent applications, specifications, or documents:
iv: providing for the procedure to be followed in connection with the division of a patent application, specification, or other document into 2 or more applications, specifications, or documents:
v: providing for the procedure to be followed in connection with the merging of separate patent applications, specifications, or documents:
vi: providing for the Commissioner to direct that patent applications, specifications, or documents filed under this Act be treated as having been filed on a different date from the date on which those patent applications, specifications, or other documents were actually filed: Applications, requests, notices, and proceedings
b: requiring any applications, requests, or notices under this Act to be made or given in a prescribed manner:
c: providing for the procedure to be followed in connection with any application, request, or notice under this Act, or in connection with any opposition, re-examination, revocation, or other proceeding before the Commissioner, and for authorising the rectification of irregularities of procedure:
d: regulating the making of applications, requests, or notices under this Act by agents, and prescribing classes of persons whom the Commissioner may refuse to recognise as agents: Declarations as to inventor
e: requiring a declaration concerning the inventor of an invention to be provided in prescribed cases with the complete specification or within the prescribed period after the filing of the complete specification: Matters under Commissioner’s direction or control
f: providing for all matters placed under the direction or control of the Commissioner by this Act or the regulations, including—
i: providing for the Commissioner to extend time limits under the regulations or waive requirements of the regulations:
ii: regulating applications for, oppositions to, and the granting of extensions of time limits by the Commissioner under this Act, including providing for the protection of persons who have in good faith begun to exploit an invention for which an application for an extension is made:
iii: providing for the manner in which a reasonable opportunity to be heard must be given to persons:
iv: providing for how statutory declarations for proceedings before the Commissioner must be made and given:
v: providing for the Commissioner to destroy documents and information provided to him or her in connection with any application, request, or notice that is abandoned, void, or otherwise inactive for the prescribed period: Micro-organisms
g: providing for the procedure to be followed in connection with the deposit for the purposes of this Act of micro-organisms with prescribed depositary institutions, the furnishing of samples of micro-organisms by those institutions, and requests for those samples:
h: prescribing matters for the purposes of sections 42 to 44 Patent Cooperation Treaty
i: carrying out, or giving effect to, New Zealand’s obligations under the Patent Cooperation Treaty:
j: setting out the English text of the Patent Cooperation Treaty or the Treaty regulations as in force for New Zealand: Budapest Treaty
k: carrying out, or giving effect to, New Zealand’s obligations under the Budapest Treaty:
l: setting out the English text of the Budapest Treaty as in force for New Zealand: Patents register
m: prescribing procedures, requirements, and other matters, not inconsistent with this Act, for the patents register, including matters relating to—
i: the operation of the register:
ii: access to and search of the register:
iii: the location of, and hours of access to, the register:
ma: regulating the manner in which the Commissioner may alter information in the patents register under section 202A Journal
n: prescribing the manner in which something must be published in the journal: Fees and penalties
o: prescribing fees and penalties to be paid, or the means by which those fees and penalties may be calculated or ascertained, for any matter under this Act or the regulations or any provisions of the Patents Act 1953 Patents Regulations 1954 section 247(2) 248
p: prescribing the period for the payment of a renewal fee or maintenance fee:
q: exempting, or providing for the Commissioner to exempt from, waive, or refund, fees or penalties: General
r: providing for the filing, serving, or giving of notices or other documents, or classes of notices or other documents, by an electronic method or any other method (including by making those notices or documents available to a person on an Internet site and for the person to be directly alerted to them by means of a notice to the person's last known electronic address or any other specified means), when notices or documents are treated as received under that method, and any other related matters:
s: providing that specified references to this Act (or to specified terms or matters) must be read as including references to the Patents Act 1953 section 264
t: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: The structure of the fee system under this Act prescribed by regulations under subsection (1) may be such that the renewal and maintenance fees—
a: recover a share of the costs incurred by the Commissioner in performing his or her functions under this Act or the Patents Act 1953
b: recover those costs at a level that provides an appropriate incentive (having regard to the purpose of this Act set out in section 3(a)
3: Regulations under this section are secondary legislation ( see Part 3 1953 No 64, ss 93A(7) 96(5) 114 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation 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 243(1)(ma) inserted 13 May 2016 section 41 New Zealand Business Number Act 2016 Section 243(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
244: Supplementary empowering provision
1: For the purposes of this Act, the power to make regulations under section 243 245
a: prescribe when, where, and how the thing must be done:
b: prescribe the form that must be used in connection with doing the thing:
c: prescribe what information must be provided or other evidence or documents must be provided in connection with the thing:
d: prescribe requirements with which information, evidence, or documents that are provided in connection with the thing must comply:
e: prescribe the electronic or other delivery method that must be used in connection with the thing:
f: provide for the Commissioner to determine any of the matters in paragraphs (a) to (d):
g: prescribe that fees must be paid in connection with doing the thing.
2: Any regulations made under section 243 section 245
245: Regulations providing for transitional matters and orderly implementation of Act
Section 245 repealed the close of 13 September 2017
246: Orders in Council as to convention countries
1: For the purpose of giving effect to any international agreement or arrangement to which New Zealand is a party or that applies to New Zealand, the Governor-General may, by Order in Council, declare that any entity specified in the order that is a party to the agreement or arrangement or to which the agreement or arrangement applies (whether a State, part of a State, a territory for whose international relations a State is responsible, a political union, an international organisation, or any other entity) is, for the purposes of all or any of the provisions of this Act, a convention country.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 246(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
6: Repeals, amendments, validation, and saving and transitional provisions
247: Repeal of Patents Act 1953 and consequential revocations
1: All of the provisions of the Patents Act 1953
2: However, the Patents Regulations 1954 section 114
2A: The regulations continued by subsection (2) are secondary legislation ( see Part 3
3: The Patents (Patent Cooperation Treaty) Regulations 1992 2014-09-13 Patents Act 1953 All of the provisions of the Patents Act 1953 are repealed except for those as set out in section 248 and the amendments made by section 249 of this Act. Section 2(3): this comes into force on the first anniversary of the date on which this Act receives the Royal assent, unless brought into force earlier by an OIC 2014-09-13 Patents (Patent Cooperation Treaty) Regulations 1992 Unless this is brought into force earlier by an OIC, this comes into force on the first anniversary of the date on which this Act receives the Royal assent The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2A). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2A) Publication PCO must publish it on the legislation website and 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 247(1) amended 24 February 2017 section 8 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Section 247(2A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
248: Preservation of patent attorney provisions
Section 248 repealed 24 February 2017 section 8 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
249: Consequential amendments to other enactments
2014-09-13 Administration Act 1969 Commerce Act 1986 Copyright Act 1994 Crown Proceedings Act 1950 Dairy Industry Restructuring Act 2001 Designs Act 1953 Disputes Tribunals Act 1988 Employment Relations Act 2000 Flags, Emblems, and Names Protection Act 1981 Limitation Act 2010 Patents Act 1953 Privacy Act 1993 Public Works Act 1981 Summary Proceedings Act 1957 Trade Marks Act 2002 Trans-Tasman Mutual Recognition Act 1997 Defence Regulations 1990 Designs Regulations 1954 Patents, Designs, and Trade Marks Convention Order 2012 Patents (United States of America) Regulations 1956 Trade Marks Regulations 2003 Section 2(3): comes into force on the first anniversary of the date on which this Act receives the Royal assent unless earlier by OIC Section 249 repealed 24 February 2017 section 8 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
250: Preservation of various regulations and orders
1: An Order in Council made under section 77
a: continues in force, despite section 247
b: may be amended or revoked as if made under this Act.
2: The Patents (United States of America) Regulations 1956
a: continue in force, despite section 247 section 249
b: apply despite any inconsistency with the provisions of this Act:
c: may be amended or revoked as if section 81
251: Validation of fees
1: All fees prescribed under the Patents Act 1953
2: All money received by the Commissioner from the fees referred to in subsection (1) must be taken to be and always to have been lawfully collected.
252: Validation of priority date for Treaty applications
1: This section applies to a Treaty application to which the Patents Act 1953
2: The claim to priority by the application is validated and must be taken to be, and always to have been, lawful to the extent that it would have been valid under the Patents Act 1953
3: Nothing in subsection (2) affects a claim to priority by an application that is the subject of a proceeding commenced in a court before 30 March 2010. Transitional provisions for patents and patent applications
253: Outline of transitional provisions for patents
1: The general scheme and effect of the transitional provisions for patents on and from the commencement of Part 3 commencement
a: this Act applies to patents granted under the Patents Act 1953
b: patent applications made under the Patents Act 1953
c: Treaty applications—
i: continue to be dealt with under the Patents Act 1953
ii: must be dealt with under this Act if the applicant did not fulfil those obligations before that time:
d: there are particular transitional provisions for post-dated applications and divisional applications.
2: This section is a guide only to the general scheme and effect of the transitional provisions for patents.
254: Transitional provision for patents granted under Patents Act 1953
1: This Act applies to a patent granted under the Patents Act 1953
2: However,—
a: the patent retains its original date of filing of the patent application, patent date (that is the date of filing of the complete specification), priority date or dates, date of the publication of the accepted complete specification, date that the patent was granted, and date that the next renewal fee was due under the Patents Act 1953
b: the patent retains its existing term; and
c: the next renewal fee (after this section comes into force) must be paid when due in accordance with the Patents Act 1953
d: on a re-examination of the patent application and the complete specification under section 95 section 41(1) section 114
e: the Commissioner or the court may revoke the patent under this Act only on the grounds set out in section 41(1) or (3) section 114
f: section 146
g: in relation to any existing endorsement of the patent under section 44
i: the repeals in section 247
ii: sections 44 45 sections 247 to 249
255: Patent applications made under Patents Act 1953 continue under that Act
1: The Patents Act 1953 sections 247 to 249
a: a patent application made under that Act before the commencement of Part 3
b: the bringing and completion of any application, request, notice, or other proceeding relating to that application (whether commenced before or after the commencement of Part 3
2: Any reference in any other enactment to a repealed provision of the Patents Act 1953
3: Section 254 Patents Act 1953
4: This section is subject to sections 256 257 259
256: Patents Act 1953 ceases to apply to patent application if complete specification later filed
1: Despite section 255
a: a complete specification may not be filed under the Patents Act 1953 Part 3 section 258
b: the complete specification must instead comply with, and be filed under, this Act; and
c: on and from the date on which the complete specification is filed, this Act applies in respect of the patent application (and any application, request, notice, or other proceeding relating to it) as if it were made under this Act (including as to the priority date).
2: Subsection (1) applies whether the complete specification is filed for one of the following reasons or any other reason:
a: only a provisional specification was filed before that commencement; or
b: the original complete specification was directed (whether before or after that commencement) to be treated as a provisional specification under section 9(4)
3: If a complete specification is provided for 2 or more patent applications that are cognate or of which one is a modification of another, this section applies to those 2 or more patent applications.
257: This Act applies if patent application under Patents Act 1953 is post-dated
If a patent application made under the Patents Act 1953 Part 3
258: Patents Act 1953 applies to divisional applications dated before commencement
1: This section applies to a fresh patent application that is made on or after the commencement of Part 3
a: the fresh patent application is made for any part of the subject matter of a patent application to which the Patents Act 1953 section 255 259
b: the fresh patent application is given a date before that commencement.
2: The fresh patent application must be treated as a patent application made under the Patents Act 1953 section 255
259: Which Act applies to Treaty applications
1: The Patents Act 1953 sections 247 to 249
a: a Treaty application if the applicant fulfilled the applicant's obligations under Article 22(1) or 39(1)(a) of the Patent Cooperation Treaty before the commencement of Part 3
b: the bringing and completion of any application, request, notice, or other proceeding relating to that application (whether commenced before or after the commencement of Part 3
2: Any reference in any other enactment to a repealed provision of the Patents Act 1953
3: Section 254 Patents Act 1953
4: However, this Act applies to a Treaty application if the applicant did not fulfil those obligations before the commencement of Part 3 Transitional provisions for other applications, notices, and requests
260: Transitional provision for other applications, notices, or requests
1: The Patents Act 1953 sections 247 to 249 Part 3
2: Subsection (1) does not apply to a patent application, or an application, notice, request, or other proceeding relating to a patent application, to which any of sections 255 to 259
3: If the Patents Act 1953 Patents Act 1953 Transitional provision for matters in force on commencement
261: Transitional provision for orders, directions, and other matters in effect on transition to new law
1: Any order, direction, or other matter made under a repealed provision of the Patents Act 1953
a: that, with or without modification, replaces, or that corresponds to, the provision of the Patents Act 1953
b: under which it could be made.
2: The order, direction, or other matter may be amended or revoked as if it had been made under the provision of this Act that replaces, or that corresponds to, the provision of the Patents Act 1953
3: The transition of an order, direction, or other matter takes effect for the purposes of this section on the later of the following:
a: on the repeal of the provision under which the order, direction, or other matter is made; or
b: if this Part provides, or regulations made under section 245 Transitional provision for patents register
262: Transitional provision for patents register
The register of patents kept under section 83 section 194 Transitional provisions for offences and infringements
263: Transitional provision for offences and infringements
The Patents Act 1953 sections 247 to 249
a: investigating any offence or infringement committed before the commencement of this section:
b: commencing or completing any proceeding for any offence or infringement committed before the commencement of this section:
c: imposing a penalty or granting any relief or other remedy for any offence or infringement committed before the commencement of this section. Transitional provisions as to statutory references
264: Transitional provision as to statutory references to corresponding matters
If provided by the regulations, a specified reference to this Act (or to a defined term or other matter in this Act) includes a reference to the Patents Act 1953 section 8(2)
265: Transitional provision as to repealed references to Commissioner, journal, or Patent Office
Any reference to the Commissioner, the Journal, or the Patent Office in a provision that is repealed or revoked but continues to apply to any matter under this subpart must be read as a reference to the Commissioner or journal under this Act or to IPONZ (as the case may be). Transitional provisions for Commissioner and Assistant Commissioners
266: Transitional appointment of Commissioner and Assistant Commissioners
1: The persons holding office as the Commissioner and Assistant Commissioners under the Patents Act 1953
2: The persons holding office as the Commissioner and Assistant Commissioners under the Designs Act 1953 sections 3 4
267: Transitional power for Commissioner
2017-09-14 Patents Act 2013 This section expires on close of the day that is 3 years after the commencement of this section. refer section 2(3) or section 2(2) if brought into force earlier by an OIC. Section 267 expired 14 September 2017
6: Joint registration regime with Australia for patent attorneys
Part 6 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Preliminary provisions Heading inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
268: Purpose of this Part
The purpose of this Part is to regulate the provision of patent attorney services by giving effect to the joint registration regime in accordance with the Arrangement. Section 268 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
269: Interpretation of this Part
1: In this Part, unless the context otherwise requires,— Appeals Tribunal Arrangement Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys section 272(2) Australian Patents Act Board Code of Conduct
a: the code known as the Code of Conduct for Patent and Trade Marks Attorneys 2013
b: the replacement for that code, or any subsequent code, that is issued by the Board under the joint registration regime company Companies Act 1993 designated manager Disciplinary Tribunal incorporated law firm section 6 incorporated patent attorney joint registration regime
a: Part 1 of Chapter 20 of the Australian Patents Act and any regulations made for the purposes of that Part; and
b: this Part; and
c: any other Acts of the Parliament of Australia or New Zealand, and any regulations made under them, that give effect to the Arrangement; and
d: the Arrangement lawyer section 6 limited partnership section 51 ordinarily resident in New Zealand section 270 patent attorney attorney
a: carries on business in New Zealand or Australia or both; and
b: undertakes patent attorney services patent attorney director patent attorney services
a: applying for or obtaining a patent in Australia or New Zealand or elsewhere on behalf of another person; and
b: preparing or amending specifications or other documents for the purposes of the patent law of Australia, New Zealand, or any other country on behalf of another person; and
c: giving advice (other than of a scientific or technical nature) as to the validity of patents or their infringement— and providing patent attorney services professional misconduct
a: unsatisfactory professional conduct that involves a substantial or consistent failure to reach reasonable standards of competence and diligence; or
b: any other conduct, whether occurring in connection with practice as an attorney or otherwise, that shows that the attorney is not of good fame, integrity, and character; or
c: any contravention of a law that is declared by the joint registration regime to be professional misconduct registered patent attorney unsatisfactory professional conduct
2: Any terms that are used but not defined in this Part, but defined in the joint registration regime, have the meanings given in that regime.
3: A reference in, or in any regulations made under, this Part to a repealed Australian enactment is a reference to an Australian enactment that, with or without modification, replaces, or corresponds to, the Australian enactment repealed.
4: Subsection (3) does not limit section 38 2010 No 108 s 5 Section 269 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Section 269(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021
270: Meaning of ordinarily resident in New Zealand
1: For the purposes of this Part, an individual is taken to be ordinarily resident in New Zealand
a: the individual has his or her home in New Zealand; or
b: New Zealand is the country of his or her permanent abode even though he or she is temporarily absent from New Zealand.
2: However, the individual is taken not to be ordinarily resident in New Zealand if he or she resides in New Zealand for a special or temporary purpose only. Section 270 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Joint registration regime applies in New Zealand Heading inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
271: Patent attorneys must comply with joint registration regime
1: A person providing patent attorney services must be registered under, and comply with, the joint registration regime.
2: Without limiting subsection (1), the following apply to a person who is ordinarily resident in New Zealand:
a: no person may provide patent attorney services unless the person is a registered patent attorney; and
b: a company may provide patent attorney services as long as the company is an incorporated patent attorney; and
c: a partnership other than a limited partnership may provide patent attorney services as long as at least 1 member of the partnership is a registered patent attorney; and
d: a limited partnership may not provide patent attorney services; and
e: the joint registration regime applies to the person and the person may be registered as a patent attorney under the regime; and
f: a registered patent attorney must co-operate with a request for information from the Board if the Board is investigating whether or not to commence proceedings against a registered patent attorney; and
g: acts or omissions in New Zealand of the person have the same effect for the purposes of the joint registration regime as if they were acts or omissions in Australia; and
h: if the person’s registration as a patent attorney is suspended or cancelled under the Australian Patents Act, the person's registration is suspended or cancelled (as the case may be) for the purposes of this Part; and
i: the person must pay the fees to the designated manager that are prescribed under the joint registration regime. 1953 No 64 s 103(1) s 17 Section 271 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
272: Commissioner must provide information about joint registration regime
1: The Commissioner must provide information about the joint registration regime on an Internet site maintained by or on behalf of the Commissioner, including information about—
a: the role of the designated manager (including registration requirements and processes):
b: the role of the Board (including the Code of Conduct):
c: the consequences of professional misconduct and unsatisfactory professional conduct:
d: how a person in New Zealand may make a complaint to the Board about a registered patent attorney in New Zealand:
e: the role and decisions of the Disciplinary Tribunal:
f: how the Trans-Tasman Proceedings Act 2010 Evidence Act 2006
g: the role of the Appeals Tribunal:
h: the application of the Administrative Decisions (Judicial Review) Act 1977 (Aust).
2: The Commissioner must publish, on an Internet site maintained by or on behalf of the Commissioner, a copy of the Arrangement and Internet links to the Acts and regulations that comprise the joint registration regime. Section 272 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
273: Interface with Lawyers and Conveyancers Act 2006
1: Section 271
a: from providing legal services; or
b: from taking part in proceedings under the Patents Act 2013 to the extent that they were entitled to do so before the commencement of this Part.
2: However, this section does not limit sections 277(1) 279 1953 No 64 ss 101 103(5) Section 273 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Offences and penalties Heading inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
274: Offences: unregistered persons practising, etc, as patent attorneys
Individuals
1: An individual commits an offence, and is liable on conviction to a fine not exceeding $6,000, if—
a: the individual carries on business, practises, or acts as a patent attorney; and
b: the individual is not a registered patent attorney or a lawyer.
2: An individual commits an offence, and is liable on conviction to a fine not exceeding $6,000, if—
a: the individual describes himself or herself, or holds himself or herself out, or permits himself or herself to be described or held out, as a patent attorney or an agent for obtaining patents; and
b: the individual is not a registered patent attorney. Companies
3: A company commits an offence, and is liable on conviction to a fine not exceeding $30,000, if—
a: the company carries on business, practises, or acts as a patent attorney; and
b: the company is not a registered patent attorney or an incorporated law firm.
4: A company commits an offence, and is liable on conviction to a fine not exceeding $30,000, if—
a: the company describes itself, or holds itself out, or permits itself to be described or held out, as a patent attorney or an agent for obtaining patents; and
b: the company is not a registered patent attorney. Partnerships other than limited partnerships
5: A partner in a partnership commits an offence, and is liable on conviction to a fine not exceeding $6,000, if—
a: the partner carries on business, practises, or acts as a patent attorney; and
b: none of the partners in the partnership is a registered patent attorney or a lawyer.
6: A partner in a partnership commits an offence, and is liable on conviction to a fine not exceeding $6,000, if—
a: the partner describes the partnership, or holds the partnership out, or permits the partnership to be described or held out, as a patent attorney or an agent for obtaining patents; and
b: none of the partners in the partnership is a registered patent attorney or a lawyer. Limited partnerships
7: A limited partnership commits an offence, and is liable on conviction to a fine not exceeding $30,000, if the limited partnership carries on business, practises, or acts as a patent attorney.
8: A limited partnership commits an offence, and is liable on conviction to a fine not exceeding $30,000, if the limited partnership describes itself, or holds itself out, or permits itself to be described or held out, as a patent attorney or an agent for obtaining patents. Interpretation
9: For the purposes of this Part, a person is taken to carry on business, practise, or act as a patent attorney if, and only if, the person does, or undertakes to do, patents work in New Zealand.
10: In this Part, patents work
a: applying for or obtaining patents in New Zealand or anywhere else:
b: preparing specifications or other documents for the purposes of this Act or the patent law of another country:
c: giving advice (other than advice of a scientific or technical nature) about the validity, or infringement, of patents. Patents Act 1990 ss 201, 201A (Aust); Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e) Section 274 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
275: Exceptions for legal representatives and employees
Exception: legal representatives of deceased patent attorneys
1: Section 274(1), (3), and (5)
a: is carried on, within 3 years after the death of the patent attorney or any further time allowed by a court, by the legal representative of the deceased registered patent attorney; and
b: is managed by a registered patent attorney on behalf of the legal representative. Exception: employees
2: Section 274(1) and (2)
a: for his or her employer; or
b: if the person's employer is a member of a related company group, for another member of the group.
3: Section 274(3) and (4) Evidential burden
4: The defendant must adduce or point to evidence that suggests a reasonable possibility that a matter in this section exists or does not exist, in order to rely on this section. Whether company is related to another company
5: In this section, related company group section 2(3) Patents Act 1990 s 201 (Aust) Section 275 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
276: Incorporated patent attorney must have patent attorney director
Offence: failing to notify lack of patent attorney director
1: An incorporated patent attorney commits an offence, and is liable on conviction to a fine not exceeding $30,000, if the incorporated patent attorney—
a: does not have a patent attorney director; and
b: does not notify the designated manager of that within 7 days. Offence: acting after 7 days without patent attorney director
2: An incorporated patent attorney commits an offence, and is liable on conviction to a fine not exceeding $30,000, if the incorporated patent attorney—
a: does not have a patent attorney director; and
b: has not had a patent attorney director during the previous 7 days; and
c: carries on business, practises, or acts as a patent attorney. Patents Act 1990 s 201B (Aust); Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e) Section 276 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
277: Documents prepared by lawyers
1: No lawyer may prepare a specification or a document relating to an amendment of a specification (or make a representation, or permit another person to represent, that the lawyer is entitled to do so) unless the lawyer is—
a: also a registered patent attorney; or
b: acting under the instructions of a registered patent attorney; or
c: directed to do so by a court of New Zealand or elsewhere.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $6,000. Patents Act 1990 s 202 (Aust); Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e) Section 277 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
278: Documents prepared by member of partnership
1: A partner in a partnership (other than a limited partnership) who is not a registered patent attorney must not prepare a specification, or a document relating to an amendment of a specification, unless—
a: the person is acting under the instructions or supervision of a registered patent attorney; or
b: the amendment has been directed by an order under section 89
2: A partner in a limited partnership who is not a registered patent attorney must not prepare a specification or a document relating to an amendment of a specification.
3: A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $6,000. Patents Act 1990 s 202A (Aust); Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e) Section 278 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
279: Documents prepared by incorporated patent attorneys and incorporated law firms
An incorporated patent attorney or an incorporated law firm commits an offence, and is liable on conviction to a fine not exceeding $30,000, if—
a: an employee or a member of the incorporated patent attorney or incorporated law firm prepares a specification or a document relating to an amendment of a specification; and
b: the employee or member is not a registered patent attorney; and
c: the specification or document is not prepared—
i: under the instructions or supervision of an individual who is a registered patent attorney; or
ii: as directed by an order under section 89 Patents Act 1990 s 202B (Aust); Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e) Section 279 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
280: Attendance at patent attorney's office
A registered patent attorney commits an offence, and is liable on conviction to a fine not exceeding $6,000, if—
a: the registered patent attorney practises, acts, or holds himself, herself, or itself out as practising or acting, as a patent attorney, at an office or place of business where specifications or other documents are prepared for the purposes of this Act; and
b: there is not an individual who is a registered patent attorney—
i: in regular attendance at that office or place; and
ii: in continuous charge of the patents work done at that office or place. Patents Act 1990 s 203 (Aust); Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e) Section 280 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
281: Time limit for filing charging documents for offences
Despite anything to the contrary in section 25 Patents Act 1990 s 204 (Aust) Section 281 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Provisions that apply if Disciplinary Tribunal and Appeals Tribunal sit in Australia Heading inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
282: Provisions that apply if Tribunals sit in Australia
1: The purpose of this section is to give the Disciplinary Tribunal and the Appeals Tribunal powers in respect of a person or persons that ordinarily reside in New Zealand to enable proceedings to be conducted in Australia.
2: For that purpose, the Disciplinary Tribunal is deemed to have been declared by the Minister of Justice to be an Australian court under section 152 Examples
Disciplinary Tribunal subpoenas may be served in New Zealand. The Disciplinary Tribunal may take evidence, and receive related examination and submissions, by audio link or audiovisual link from New Zealand.
3: The Disciplinary Tribunal and the Appeals Tribunal are declared to be tribunals to which subpart 5 Example
Certain Tribunal orders may be recognised and enforced in New Zealand. Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(c) Section 282 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Provisions that apply if Disciplinary Tribunal sits in New Zealand Heading inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
283: Provisions that apply if Disciplinary Tribunal sits in New Zealand
1: The Disciplinary Tribunal may, at a sitting of that Tribunal in New Zealand that involves a patent attorney that is ordinarily resident in New Zealand, exercise all the powers of that Tribunal as if it were a sitting in Australia.
2: Without limiting subsection (1), the Patents Regulations 1991 (Aust) that are applicable in relation to proceedings in Australia apply to the practice and procedure of the Disciplinary Tribunal at any sitting of that Tribunal in New Zealand.
3: Without limiting subsection (1), the Disciplinary Tribunal may, at any sitting of the Tribunal in New Zealand,—
a: direct that the hearing or any part of the hearing be held in private:
b: require any person to leave the Tribunal:
c: prohibit or restrict the publication of evidence or the name of any party or any witness.
4: Nothing in subsection (2) or (3) applies in relation to—
a: the prosecution of any person for an offence committed as a witness; or
b: the enforcement or execution of any judgment, order, injunction, writ, or declaration given, made, or granted by the Disciplinary Tribunal.
5: A decision made under subsection (3) may be enforced by a Judge of the High Court of New Zealand who, for that purpose, has and may exercise the powers, including the power to punish for contempt, that would be available to enforce the decision if it were an order that had been made by a Judge of the High Court in New Zealand. 1908 No 89 s 56J Section 283 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
284: Issue of summons by Disciplinary Tribunal
1: This section applies if the Disciplinary Tribunal, by instrument in writing signed by the President of the Disciplinary Tribunal, issues a summons that requires a person in New Zealand to appear before the Tribunal to give evidence and to produce documents or articles for the purposes of a sitting of the Tribunal in New Zealand.
2: The summons may be served on a person in New Zealand by leaving a copy of the summons with that person personally, together with a statement setting out the rights and obligations of that person, including information as to the manner in which application may be made to that Tribunal to have the summons set aside.
3: A person who has been served with the summons under subsection (1) may not be compelled to comply with the summons unless, at the time of service of the summons or at some other reasonable time before the hearing, allowances and travelling expenses or vouchers sufficient to enable that person to comply with the summons are tendered or paid to that person. 1908 No 89 s 56K Section 284 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
285: Failure of witness to comply with summons
1: This section applies if the Disciplinary Tribunal, by instrument in writing signed by the President of the Disciplinary Tribunal, issues a certificate stating that a person named in the certificate has failed to comply with a summons referred to in section 284(1)
2: The High Court may issue a warrant requiring any constable to arrest that person and bring that person before the court.
3: The High Court may, on the appearance of that person before the court, impose a fine not exceeding $1,000 unless the court is satisfied that the failure to comply with the summons, the onus of proof of which lies with that person, should be excused.
4: In determining whether the failure to comply with the summons should be excused, the High Court may have regard to—
a: any matters that were not brought to the attention of the Disciplinary Tribunal, if the High Court is satisfied that—
i: the Disciplinary Tribunal would have been likely to have set aside the summons if those matters had been brought to the attention of that Tribunal; and
ii: the failure to bring those matters to the attention of the Disciplinary Tribunal was not due to any fault on the part of the person alleged to have failed to comply with the summons or was because of an omission by that person that should be excused; and
b: any matters to which the High Court would have regard if the summons had been issued by the High Court.
5: For the purposes of this section, but subject to subsection (4), a certificate from the Disciplinary Tribunal stating any of the following matters is conclusive evidence of the matters stated in it:
a: that the summons was issued by that Tribunal:
b: that the witness failed to comply with the summons:
c: the decision of that Tribunal, or any orders or findings of fact made by that Tribunal, in relation to any application made to that Tribunal to have the summons set aside.
6: Subject to subsection (4), no findings of fact made by the Disciplinary Tribunal on an application to that Tribunal to have the summons set aside may be challenged by any person alleged to have failed to comply with the summons unless the Tribunal was deliberately misled in making those findings of fact. 1908 No 89 s 56L Section 285 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
286: Other provisions about proceedings
1: The provisions in subsection (2) apply with the following modifications if the Disciplinary Tribunal sits in New Zealand:
a: references to the Federal Court of Australia must be treated as references to the Disciplinary Tribunal:
b: references to the court must be treated as references to the Disciplinary Tribunal:
c: references to a Judge of the court must be treated as references to a member of the Disciplinary Tribunal:
d: references to an Australian proceeding must be treated as references to a proceeding before the Disciplinary Tribunal in New Zealand.
2: The provisions are the following provisions of the Judicature Act 1908
a: section 56M(1)(a) and (2)
b: section 56N
c: section 56O
d: section 56Q(1), (2)(a), (3)(a), and (4)(a) Section 286 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Miscellaneous provisions Heading inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
287: Territorial scope and jurisdiction
1: A registered patent attorney who is ordinarily resident in New Zealand is within the jurisdiction of the Disciplinary Tribunal and the Appeals Tribunal and must co-operate with an investigation by either Tribunal into his or her conduct.
2: This Part does not apply to a person or company that is part of the patent attorney profession of a country outside New Zealand if—
a: the person or company—
i: is resident or incorporated in a country other than Australia or New Zealand; or
ii: has a principal place of business for undertaking patent attorney services in a country other than Australia or New Zealand; and
b: the patent attorney services provided by the person or company are in respect of the patent law of a country other than New Zealand or Australia. 1961 No 43 s 7 Section 287 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
288: Rights of patent attorney over documents and client property
A registered patent attorney has the same right of lien over documents and property of a client as a lawyer or incorporated law firm, as the case may be, has. Patents Regulations 1991 (Aust) r 20.53 Section 288 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
289: Investigations under Australian Acts
A member of the Disciplinary Tribunal who is ordinarily resident in New Zealand must co-operate with an investigation that is undertaken under the Freedom of Information Act 1982 (Aust) or the Privacy Act 1988 (Aust). Section 289 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016
290: Regulations under this Part
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing matters that are necessary or desirable for the implementation of the Arrangement:
b: increasing or decreasing the fines for an offence under this Part to an amount that is consistent with the fines that apply under the joint registration regime after any alteration of the amount of penalty units under section 4AA of the Crimes Act 1914 (Aust):
c: prescribing any other matters that are required or permitted by the joint registration regime to be prescribed:
d: 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 Arrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e), (f) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation 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 290 inserted 24 February 2017 section 5 Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 Section 290(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 |
DLM4865000 | 2013 | Insurance (Prudential Supervision) Amendment Act 2013 | 1: Title
This Act is the Insurance (Prudential Supervision) Amendment Act 2013.
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 Insurance (Prudential Supervision) Act 2010 principal Act 2013-09-04 Insurance (Prudential Supervision) Act 2010
4: Section 21 amended (Conditions of licence)
Replace section 21(2)(f)
f: a condition that requires the licensed insurer or the directors of the insurer (or both) to certify that 1 or more of the following have been complied with (being certification that is given at the time or times and in the manner specified in the condition):
i: any conditions of the licence:
ii: any requirements of this Act or the regulations:
iii: any requirements of any other enactment imposed on the insurer as a licensed insurer (for example, financial reporting obligations): .
5: Section 25 amended (Bank must notify applicant of decision and give notice on its Internet site)
1: In the heading to section 25 its Internet site register
2: Replace section 25(3)
3: The Bank must give notice of the issue of a licence on the register kept under section 54A
6: Section 30 amended (Cancellation of licence)
In section 30(2) subsection (1)(a)(i) to (vi) subsection (1)(a)(ii) to (vi)
7: New section 54A and cross-heading inserted
After section 54 Register
54A: Register
1: The Bank must keep a public register of licensed insurers.
2: The Bank must determine the form of the register and may amend the form as it considers necessary.
3: The register must include—
a: the name of each licensed insurer; and
b: the current financial strength rating of each licensed insurer (unless the insurer is not required to have such a rating); and
c: any other prescribed information.
4: The Bank must take all reasonable steps to ensure that the information contained in the public register is available to members of the public at all reasonable times. 1989 No 157 s 69 .
8: Section 58 repealed (Incorporation by reference)
Repeal section 58
9: Section 60 amended (Licensed insurer must have current financial strength rating)
1: Replace section 60(2)(c)
c: a captive insurer; or
d: an insurer that is exempted under subsection (2A)
2: After section 60(2)
2A: The Bank may, by notice to a licensed insurer, exempt the insurer from compliance with subsection (1) if the Bank is satisfied that the insurer has ceased to enter into new contracts of insurance as an insurer.
2B: Subsection (2A)
10: Section 64 amended (Disclosure of current rating to policyholder)
After section 64(4)
4A: If a contract of insurance is renewed, the licensed insurer is not required to comply with subsection (1) if—
a: the contract is of a kind that is renewable more frequently than annually; and
b: the information referred to in that subsection was disclosed in writing to the policyholder less than 12 months before the date of the renewal; and
c: that information has not changed since the last disclosure was made to the policyholder under this section.
11: Section 81 amended (Financial statements must be given to Bank)
1: In the heading to section 81 statements and interim financial information
2: Replace section 81(2) to (4)
2: A licensed insurer must, within 4 months after the end of the first half of each accounting period of the insurer,—
a: prepare interim financial information for that half-period that complies with subsection (3)
b: ensure that copies of that information together with a copy of the auditor's report on the information (if any) are given—
i: to the Bank; and
ii: for registration to the Registrar if this is required by the regulations.
3: The interim financial information must—
a: comply with—
i: generally accepted accounting practice; or
ii: requirements specified by the Bank in a written notice given to the insurer (for example, regulatory requirements that apply in the insurer's home jurisdiction); and
b: be audited if required by the regulations.
4: If subsection (3)(a)(i)
a: the insurer if the insurer, at the end of the half-period, has no subsidiaries; or
b: a group comprising the insurer and its subsidiaries in any other case.
4A: In this section, generally accepted accounting practice Registrar subsidiaries
12: New section 217A inserted (Time for filing charging document)
After section 217
217A: Time for filing charging document
Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence under this Act ends on the date that is 5 years after the date on which the offence was committed.
13: Section 232 amended (General provisions relating to declarations and exemptions)
After section 232(2)(b)
ba: section 60(2A) .
14: Section 237 amended (Regulations)
1: In section 237(1)(j) statements information
2: In section 237(1)(v) section 226 section 54A
15: New section 238A and cross-heading inserted
After section 238 Incorporation by reference
238A: Incorporation by reference
1: This section applies to the following instruments:
a: a declaration under section 9:
b: a fit and proper standard:
c: a solvency standard:
d: regulations.
2: The following written material may be incorporated by reference in an instrument referred to in subsection (1)
a: standards, requirements, or recommended practices of international or national organisations:
b: standards, requirements, or recommended practices prescribed in any country or jurisdiction:
c: any other written material that deals with technical matters and is too large or impractical to include in, or print as part of, the instrument.
3: Schedule 1 applies to any material incorporated by reference in an instrument referred to in subsection (1)
16: Section 246 amended (Duration of provisional licence)
1: After section 246(1)
1A: Subsection (1B)
a: the entity still holds a provisional licence immediately before the date (the 3-year date
b: 1 or more of the following apply to the entity:
i: the entity is, immediately before the 3-year date, subject to an insolvency proceeding or process:
ii: an application for a licence for the entity under section 17 was refused or declined at any time before the 3-year date:
iii: a direction under section 143 has, at any time before the 3-year date, been given to the entity requiring the entity to cease entering into any new contracts of insurance.
1B: Despite subsection (1), if this subsection applies to an entity, the provisional licence of the entity remains in force until it is cancelled under subsection (2).
2: Replace section 246(2)(b)
b: the Bank is satisfied that the holder has ceased to carry on insurance business in New Zealand; or
c: in the case of subsection (1B)
i: the holder is no longer subject to an insolvency proceeding or process; or
ii: the holder is a company that has been removed from the New Zealand register (within the meaning of the Companies Act 1993); or
iii: the holder is an overseas company that has been removed from the overseas register (within the meaning of the Companies Act 1993); or
iv: the holder has been liquidated, wound up, or dissolved or has otherwise ceased to exist; or
v: for any other reason, it is no longer appropriate for the provisional licence to remain in force.
3: After section 246(2)
3: Subsection (2)(c) (b)
4: In this section, an entity is subject to an insolvency proceeding or process
a: the entity is in liquidation under the Companies Act 1993 or under any other Act:
b: the entity is in voluntary administration or subject to a deed of company arrangement:
c: a receiver has been appointed and is acting in relation to the whole, or substantially the whole, of the assets and the undertaking of the entity:
d: the entity is subject to a compromise with its creditors that has been approved under Part 14 of the Companies Act 1993:
e: an order that an arrangement or a compromise is binding on the entity has been made under Part 15 of the Companies Act 1993:
f: the entity is in statutory management under this Act, the Corporations (Investigation and Management) Act 1989, or any other enactment:
g: in the case of an overseas person, the overseas person is subject to a proceeding or process in its home jurisdiction that is similar to any of those set out in paragraphs (a) to (f)
17: Schedule 1 amended
1: In the Schedule 1 s 58 s 238A
2: In Schedule 1, heading to clause 1 into solvency standards
3: In Schedule 1, clauses 1(1) and (2)(b) 2(1) and (2) 3(1)(a), (2), and (3) 4 5 6(1) and (3) 7 solvency standard specified instrument
4: In Schedule 1, clause 1(2)(a) solvency standard is issued specified instrument is issued or made
5: In Schedule 1, after clause 1(2)
3: In this schedule, specified instrument section 238A
6: In Schedule 1, clauses 3(2) 4 5 the standard the instrument |
DLM5302001 | 2013 | WorkSafe New Zealand Act 2013 | 1: Title
This Act is the WorkSafe New Zealand Act 2013.
2: Commencement
This Act comes into force on 16 December 2013.
1: Preliminary provisions
3: Interpretation
In this Act board chief executive collective agreement section 5 employment agreement section 5 EPA section 7 MBIE Minister Act PCBU section 17 relevant health and safety legislation section 16 transferred employee section 11 or clause 1 worker section 19 workplace section 20 WorkSafe New Zealand section 5 Section 3 collective agreement amended 7 August 2020 section 135 Public Service Act 2020 Section 3 EPA inserted 4 April 2016 section 4(4) WorkSafe New Zealand Amendment Act 2015 Section 3 PCBU inserted 4 April 2016 section 4(4) WorkSafe New Zealand Amendment Act 2015 Section 3 relevant health and safety legislation replaced 4 April 2016 section 4(1) WorkSafe New Zealand Amendment Act 2015 Section 3 transferred employee amended 1 December 2017 section 4(2) WorkSafe New Zealand Amendment Act 2015 Section 3 worker inserted 4 April 2016 section 4(4) WorkSafe New Zealand Amendment Act 2015 Section 3 workplace replaced 4 April 2016 section 4(3) WorkSafe New Zealand Amendment Act 2015
4: Act binds the Crown
This Act
2: WorkSafe New Zealand
5: WorkSafe New Zealand established
This section establishes WorkSafe New Zealand.
6: WorkSafe New Zealand is Crown entity
1: WorkSafe New Zealand is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004 Act Schedule
7: WorkSafe New Zealand's board
1: The Minister must appoint at least 5, but not more than 9, persons as members of the board.
2: When appointing a member of the board, the Minister must have regard to the need to ensure that WorkSafe New Zealand has among its members persons who have, collectively, knowledge and experience of, and capability in, the following:
a: public sector governance:
b: central government processes:
c: New Zealand's work work
d: perspectives of workers:
e: perspectives of PCBUs
f: administration of work
g: business generally.
3: The Minister may not appoint any member of the board unless the Minister has first publicised an invitation for nominations from interested parties and considered any nominations received. Section 7(2)(c) amended 4 April 2016 section 5(1) WorkSafe New Zealand Amendment Act 2015 Section 7(2)(e) amended 4 April 2016 section 5(2) WorkSafe New Zealand Amendment Act 2015 Section 7(2)(f) amended 4 April 2016 section 5(1) WorkSafe New Zealand Amendment Act 2015
8: Advisory groups
1: WorkSafe New Zealand may establish an advisory group—
a: to provide a forum for dialogue and co-operation between the Government, PCBUs, and workers on work
b: to provide advice to WorkSafe New Zealand that represents the views of the Government, PCBUs, and workers on work
2: WorkSafe New Zealand may establish 1 or more other advisory groups to provide advice to it on matters relating to its functions.
3: An advisory group referred to in subsection (1) or (2) clause 14(1)(a) Section 8(1)(a) amended 4 April 2016 section 6 WorkSafe New Zealand Amendment Act 2015 Section 8(1)(b) amended 4 April 2016 section 6 WorkSafe New Zealand Amendment Act 2015 WorkSafe New Zealand's main objective and functions
9: WorkSafe New Zealand's main objective
1: WorkSafe New Zealand's main objective is to promote and contribute to a balanced framework for
1A: An additional objective of WorkSafe New Zealand is to promote and contribute to the safe supply and use of electricity and gas in New Zealand.
2: When performing its functions under the relevant health and safety legislation, WorkSafe New Zealand must act in a way that furthers any relevant objectives or purposes stated in that legislation. Section 9(1) amended 4 April 2016 section 7(1) WorkSafe New Zealand Amendment Act 2015 Section 9(1A) inserted 4 April 2016 section 7(2) WorkSafe New Zealand Amendment Act 2015
10: WorkSafe New Zealand's functions
WorkSafe New Zealand's functions are to—
a: advise on the operation of the work
b: make recommendations for changes to improve the effectiveness of the work
c: monitor and enforce compliance with relevant health and safety legislation:
ca: publish information about—
i: its approach to enforcing compliance with relevant health and safety legislation (including where a provision of relevant health and safety legislation overlaps with a provision in another enactment); and
ii: its performance standards for completing investigations in relation to enforcing compliance with relevant health and safety legislation:
d: make recommendations about the level of any funding (including fees or levies) that WorkSafe New Zealand requires to effectively carry out its functions:
e: develop codes of practice:
ea: develop safe work instruments:
f: provide guidance, advice, and information on work
i: persons who have duties under the relevant health and safety legislation; and
ii: the public:
g: promote and support research, education, and training work
h: collect, analyse, and publish statistics and other information relating to work
i: engage in, promote, and co-ordinate the sharing of information with other agencies and interested persons that contribute to work
j: foster a co-operative and consultative relationship between persons who have duties under the relevant health and safety legislation and the persons to whom they owe duties and their representatives in relation to work
ja: foster a co-operative and consultative relationship with the EPA when carrying out its functions, duties, and powers in respect of hazardous substances:
k: promote and co-ordinate the implementation of work
l: perform or exercise any other functions or powers conferred on WorkSafe New Zealand by or under any other enactment:
m: perform any additional function that the Minister directs under section 112 Section 10(a) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(b) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(ca) inserted 4 April 2016 section 8(2) WorkSafe New Zealand Amendment Act 2015 Section 10(ea) inserted 4 April 2016 section 8(3) WorkSafe New Zealand Amendment Act 2015 Section 10(f) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(g) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(g) amended 4 April 2016 section 8(4) WorkSafe New Zealand Amendment Act 2015 Section 10(h) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(i) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(j) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(ja) inserted 4 April 2016 section 8(5) WorkSafe New Zealand Amendment Act 2015 Section 10(k) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015
3: Transition to WorkSafe New Zealand and consequential amendments
Transfer of employees
11: Restriction on compensation for technical redundancy
1: An employee of MBIE is not entitled to receive any payment or other benefit on the ground that the position held by the employee in MBIE has ceased to exist if—
a: the position ceases to exist as a result of a transfer of functions from MBIE to WorkSafe New Zealand; and
b: in connection with that transfer of functions,—
i: the employee is offered equivalent employment in WorkSafe New Zealand (whether or not the employee accepts the offer); or
ii: the employee is offered, and accepts, other employment in WorkSafe New Zealand.
2: In subsection (1) equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment that are no less favourable than those that applied to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
d: on terms that treat the period of service with MBIE (and any other period of service recognised by MBIE as continuous service) as if it were continuous service with WorkSafe New Zealand.
3: This section overrides Part 6A
12: Employment of transferred employee to be treated as continuous employment
The employment of a transferred employee by WorkSafe New Zealand is to be treated as continuous employment for the purposes of any enactment.
13: Transferred employees bound by collective agreement
1: This section applies to a transferred employee who was bound by a collective agreement with the chief executive immediately before the employee transferred to WorkSafe New Zealand.
2: On and after the commencement of this Act
a: the employee continues to be bound by the collective agreement and may enforce the collective agreement against WorkSafe New Zealand; and
b: WorkSafe New Zealand must be treated as if it were a party to the collective agreement instead of the chief executive; and
c: unless the context otherwise requires, every reference in the collective agreement to the chief executive or MBIE must be read as a reference to WorkSafe New Zealand.
14: Government Superannuation Fund
1: Any person who, immediately before becoming an employee of WorkSafe New Zealand, was a contributor to the Government Superannuation Fund under Part 2 2A
2: The Government Superannuation Fund Act 1956
3: Subsection (1)
4: For the purpose of applying the Government Superannuation Fund Act 1956 Transfer of contracts
15: Transfer of contracts to WorkSafe New Zealand
1: This section applies to a contract (other than an employment agreement) that—
a: was made between the chief executive or MBIE and another person; and
b: is identified by MBIE and relates solely to a function or power of the chief executive under the relevant health and safety legislation before the commencement of this Act
2: On and after the commencement of this Act
a: the contract must be treated as if WorkSafe New Zealand were the party to the contract instead of the chief executive or MBIE (as the case requires); and
b: unless the context otherwise requires, every reference in the contract to the chief executive or MBIE is to be read as a reference to WorkSafe New Zealand.
16: Transfer of other documents to WorkSafe New Zealand
1: This section applies to a document that is issued by the chief executive or MBIE and that relates solely to a function or power of the chief executive under the relevant health and safety legislation before the commencement of this Act that becomes a function or power of WorkSafe New Zealand on that commencement.
2: On and after the commencement of this Act,—
a: the document must be treated as if it were issued by WorkSafe New Zealand instead of the chief executive or MBIE; and
b: unless the context otherwise requires, every reference in the document to the chief executive or MBIE is to be read as a reference to WorkSafe New Zealand. Consequences of transfers of functions, etc
17: Consequences of transfer of functions under relevant health and safety legislation to WorkSafe New Zealand
1: This section applies to a function of the chief executive under the relevant health and safety legislation that is transferred to WorkSafe New Zealand as a consequence of the amendments to the relevant health and safety legislation made by this Act
2: On and after the commencement of this Act
a: all information that relates solely or principally to the function and that is held by the chief executive or MBIE is held by WorkSafe New Zealand; and
b: all money payable to or by the chief executive or MBIE in relation to the function becomes payable to or by WorkSafe New Zealand; and
c: all rights, liabilities, entitlements, and engagements of the chief executive or MBIE in relation to the function become the rights, liabilities, entitlements, and engagements of WorkSafe New Zealand; and
d: all directions to the chief executive or MBIE that relate to the function and that are in force immediately before the commencement of this Act
e: anything done, or omitted to be done, or that is to be done, in relation to the function by, or in relation to, the chief executive or MBIE is to be treated as having been done, or having been omitted to be done, or to be done, by, or in relation to, WorkSafe New Zealand; and
f: the commencement, continuation, or enforcement of proceedings relating to the function by or against the chief executive or MBIE may instead be carried out by or against WorkSafe New Zealand without amendment to the proceedings; and
g: a matter or thing relating to the function that would, but for this section, have been completed by the chief executive or MBIE may be completed by WorkSafe New Zealand.
3: On and after the commencement of this Act
4: The transfer of information from the chief executive or MBIE to WorkSafe New Zealand under subsection (2)(a) does not constitute an action that is an interference with the privacy of an individual under section 69 Section 17(4) amended 1 December 2020 section 217 Privacy Act 2020
18: Transitional provision relating to legal services in respect of functions transferred to WorkSafe New Zealand
1: For the purposes of section 17(2)
a: arose, in whole or in part, before the commencement of this Act
b: would, but for section 17(2)
2: Subsection (1) Lawyers and Conveyancers Act 2006
3: In subsection (1) lawyer legal services section 6
19: Consequences of transfer of collective agreement or contract to WorkSafe New Zealand
1: This section applies to—
a: a collective agreement to which WorkSafe New Zealand has become a party under section 13
b: a contract transferred to WorkSafe New Zealand under section 15
2: On and after the commencement of this Act
a: all rights, liabilities, and entitlements of the chief executive or MBIE under the contract become the rights, liabilities, and entitlements of WorkSafe New Zealand; and
b: anything done, or omitted to be done, or that is to be done by, or in relation to, the chief executive or MBIE is to be treated as having been done, or having been omitted to be done, or to be done by, or in relation to, WorkSafe New Zealand; and
c: the commencement, continuation, or enforcement of proceedings by or against the chief executive or MBIE may instead be carried out by or against WorkSafe New Zealand without amendment to the proceedings. Continuation of appointments under relevant health and safety legislation
20: Continuation of inspectors and enforcement officers
1: A person who, immediately before the commencement of this Act subsection (2)
a: if the person is a transferred employee, as if WorkSafe New Zealand appointed the person; or
b: if paragraph (a)
2: The provisions are—
a: section 29
b: section 5
c: regulation 3
d: section 97B
21: Continuation and renaming of departmental medical practitioners
A person's appointment as a departmental medical practitioner before the commencement of this Act section 34
a: WorkSafe New Zealand appointed the person; and
b: the person were appointed as a health and safety medical practitioner under that Act. Transfer of EPA employees and contracts Heading inserted 1 December 2017 section 9 WorkSafe New Zealand Amendment Act 2015
21A: Transfer of EPA employees and contracts to WorkSafe New Zealand
Schedule 2 Section 21A inserted 1 December 2017 section 9 WorkSafe New Zealand Amendment Act 2015 Amendments to other enactments
22: Amendments to other enactments
Amend the enactments specified in the Schedule 2013-12-16 Accident Compensation Act 2001 Crown Entities Act 2004 Crown Minerals Act 1991 Electricity Act 1992 Energy (Fuels, Levies, and References) Act 1989 Gas Act 1992 Hazardous Substances and New Organisms Act 1996 Health and Safety in Employment Act 1992 Machinery Act 1950 Ombudsmen Act 1975 Privacy Act 1993 Railways Act 2005 Amusement Devices Regulations 1978 Electricity (Hazards from Trees) Regulations 2003 Electricity (Safety) Regulations 2010 Gas (Safety and Measurement) Regulations 2010 Geothermal Energy Regulations 1961 Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001 Health and Safety in Employment (Adventure Activities) Regulations 2011 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 Health and Safety in Employment Regulations 1995 |
DLM5267787 | 2013 | Imprest Supply (First for 2013/14) Act 2013 | 1: Title
This Act is the Imprest Supply (First for 2013/14) Act 2013.
2: Commencement
This Act comes into force on 1 July 2013.
3: Repeal of this Act
1: Sections 6 7 10
2: The rest of this Act is repealed on the close of 30 June 2014. 2013-08-30 Imprest Supply (First for 2013/14) Act 2013 Section 3(1) —This is an approximate date to when (pco 17473) comes into force which repeals section 6,7 and 10 of this Act. If it has you will need to compile this Act. If it hasn't change amends date to 2013–09–30. Spoke to Michelle for us to put a date in so we don't miss the compilation. (PGJ 2–July–2013) 2014-07-01 Imprest Supply (First for 2013/14) Act 2013 Section 3(2) — The rest of this Act is repealed on the close of 30 June 2014. NB: On 1 July 2014, please also check to see if sections 6, 7 and 10 are repealed (as per section 3(1)) (Peter).
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 2013/14 year in advance of appropriation by way of an Appropriation Act; and
b: to enable the net asset holdings of departments and Offices of Parliament to exceed the amounts confirmed in the Appropriation (2012/13 Supplementary Estimates) Act 2013
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2013/14 year department section 2(1) expenses section 2(1)
2: In this Act, unless the context otherwise requires, asset capital expenditure financial year intelligence and security department Minister Office of Parliament operating surplus remeasurements responsible Minister Vote section 2(1)
6: Authority to incur expenses
Section 6 repealed 13 August 2013 section 3(1)
7: Authority to incur capital expenditure
Section 7 repealed 13 August 2013 section 3(1)
8: Appropriation required
1: All expenses incurred under section 6(1) section 7(1)
2: Until the coming into force of that Appropriation Act, those expenses and that capital expenditure may be incurred during the 2013/14 year as if they had been incurred in accordance with one of the separate appropriations specified in section 7(1)
9: Authority under this Act is authority for purposes of sections 4(1) and 26C(1) of Public Finance Act 1989
1: The authority given by this Act to incur expenses or capital expenditure in advance of appropriation is an authority under an Act for the purposes of sections 4(1) 26C(1)
2: However, subsection (1) does not apply to expenses or capital expenditure for which no appropriation is made in accordance with section 8(1)
10: Authority to exceed net assets confirmed in Appropriation Act
Section 10 repealed 13 August 2013 section 3(1) |
DLM5205101 | 2013 | New Zealand Public Health and Disability Amendment Act 2013 | 1: Title
This Act is the New Zealand Public Health and Disability Amendment Act 2013.
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 New Zealand Public Health and Disability Act 2000 principal Act 2013-05-21 New Zealand Public Health and Disability Act 2000
4: New Part 4A inserted
After section 70
4A: Family care policies
70A: Purpose of this Part
1: The purpose of this Part is to keep the funding of support services provided by persons to their family members within sustainable limits in order to give effect to the restraint imposed by section 3(2) and to affirm the principle that, in the context of the funding of support services, families generally have primary responsibility for the well-being of their family members.
2: To achieve that purpose, this Act, among other things,—
a: prohibits the Crown or a DHB from paying a person for providing support services to a family member unless the payment is permitted by an applicable family care policy or is expressly authorised by or under an enactment:
b: declares that the Crown and DHBs have always been authorised, and continue to be authorised, to adopt or have family care policies that permit persons to be paid, in certain cases, for providing support services to family members:
c: stops (subject to certain savings) any complaint to the Human Rights Commission and any proceeding in any court if the complaint or proceeding is, in whole or in part, based on an assertion that a person's right to freedom from discrimination on any of the grounds of marital status, disability, age, or family status (affirmed by section 19 of the New Zealand Bill of Rights Act 1990) has been breached by—
i: a provision of this Part; or
ii: a family care policy; or
iii: anything done or omitted in compliance, or intended compliance, with this Part or a family care policy.
70B: Interpretation
1: In this Part, unless the context otherwise requires,— family care policy
a: means any statement in writing made by, or on behalf of, the Crown or by, or on behalf of, the DHB that permits, or has the effect of permitting, persons to be paid, in certain cases, for providing support services to their family members; and
b: includes any practice, whether or not reduced to writing, that has the same effect as a statement of the kind described in paragraph (a) family member subsection (2) support services
2: Support services provided by a person ( person A person B family member
a: spouse, civil union partner, or de facto partner; or
b: parent, step-parent, or grandparent; or
c: child, stepchild, or grandchild; or
d: sister, half-sister, stepsister, brother, half-brother, or stepbrother; or
e: aunt or uncle; or
f: nephew or niece; or
g: first cousin.
70C: Persons generally not to be paid for providing support services to family members
On and after the commencement of this Part, neither the Crown nor a DHB may pay a person for any support services that are, whether before, on, or after that commencement, provided to a family member of the person unless the payment is—
a: permitted by an applicable family care policy; or
b: expressly authorised by or under an enactment.
70D: Family care policy
1: The Crown and any DHB are, and have always have been, authorised —
a: to adopt or have a family care policy:
b: to change a family care policy:
c: to cancel a family care policy:
d: to replace a family care policy.
2: Any family care policy that the Crown or any DHB had immediately before the commencement of this Part continues in effect, and the Crown or the DHB may change, cancel, or replace that family care policy.
3: A family care policy that the Crown or a DHB adopts or has on or after the commencement of this Part may state, and a family care policy that the Crown or a DHB adopted or had before that commencement has always been authorised to state or to have the effect of stating, 1 or more of the following:
a: cases in which persons may be paid for providing support services to family members, including, without limitation, by reference to 1 or more of the following matters:
i: the nature of the familial relationship between the person who provides the support services and the family member to whom the support services are provided:
ii: the impairment or condition of the family member to whom the support services are provided, which may include references to the effects of the impairment or condition or the degree of its severity, or both:
iii: the age of the family member to whom the support services are provided:
iv: the place of residence of the family member to whom the support services are provided:
v: the place of residence of the person who provides the support services:
vi: the needs of the family member to whom the support services are provided and the needs of his or her family:
b: the conditions that must be satisfied before payments for support services provided to a family member are made:
c: the rates, or ways of setting the rates, of payment for support services provided to family members, which may be lower than the rates of payment for comparable support services provided to persons who are not family members:
d: the limits on funding for support services provided to a family member, which may be expressed in any way, including by limiting the amounts that may be paid or the number of hours for which payment may be claimed.
4: Where, after the commencement of this Part, the Crown or a DHB adopts a family care policy, or changes or cancels a family care policy, the chief executive of the Ministry of Health or the DHB, as the case requires, must make a copy of the document that states the family care policy, or that changes or cancels it, available for inspection, on request, during working hours at the appropriate head office and at any other places that the chief executive determines are appropriate.
5: None of the following is a disallowable instrument for the purposes of the Legislation Act 2012:
a: a family care policy:
b: a change to a family care policy:
c: a determination cancelling a family care policy.
6: Before the commencement of section 38 of the Legislation Act 2012, subsection (5)
7: Subsection (6) 2014-07-01 New Zealand Public Health and Disability Act 2000 Section 70D(6) and subsection (7) are repealed on the day after the commencement of section 38 of the Legislation Act 2012. Commencement is the earlier of date appointed by the Governor-General by Order in Council OR 1 July 2014. [Bill has a target date of Monday 5 August 2013. If that proves too difficult to achieve for any reason Sunday 1 September 2013 will be a fall back date.]
70E: Claims of unlawful discrimination in respect of this Act or family care policy precluded
1: In this section, specified allegation
a: by this Part; or
b: by a family care policy; or
c: by anything done or omitted to be done in compliance, or intended compliance, with this Part or in compliance, or intended compliance, with a family care policy.
2: On and after the commencement of this Part, no complaint based in whole or in part on a specified allegation may be made to the Human Rights Commission, and no proceedings based in whole or in part on a specified allegation may be commenced or continued in any court or tribunal.
3: On and after the commencement of this Part, the Human Rights Commission must not take any action or any further action in relation to a complaint that—
a: was made after 15 May 2013; and
b: is, in whole or in part, based on a specified allegation.
4: On and after the commencement of this Part, neither the Human Rights Review Tribunal nor any court may hear, or continue to hear, or determine any civil proceedings that arise out of a complaint described in subsection (3)
5: Nothing in this section or in section 70D
a: a complaint that is, in whole or in part, based on a specified allegation but that has been lodged with the Human Rights Commission or any court before 16 May 2013; or
b: the jurisdiction of the Human Rights Review Tribunal or of a court to hear and determine proceedings that arise out of a complaint described in paragraph (a)
6: Despite subsection (5)(b) subsection (7)
7: The declaration that may be granted by the Human Rights Review Tribunal or the court in proceedings to which subsection (5)(b)
70F: Certificates relating to family care policies
1: The chief executive of the Ministry of Health may sign in respect of the Crown, and a chief executive of a DHB may sign in respect of the DHB, a certificate that states facts of the following kind in relation to the Crown or that DHB:
a: the contents of any family care policy that, in relation to any period of time, the Crown or the DHB currently has or that it previously had:
b: if the family care policy comes within paragraph (b) section 70B(1)
2: A certificate under this section is—
a: admissible in all proceedings without proof of the signature or office of the person appearing to have signed the certificate; and
b: in the absence of proof to the contrary, sufficient evidence of the facts stated in it.
70G: Savings
1: The proceedings between the Ministry of Health and Peter Atkinson (on behalf of the estate of Susan Atkinson) and 8 other respondents (being the proceedings that were the subject of the judgment of the Court of Appeal reported in Ministry of Health v Atkinson
2: Any claim in the proceedings in the High Court between Margaret Spencer and the Attorney-General (CIV 2012-404-006717) may, if, and only if, made in pleadings filed in the High Court before 16 May 2013, be heard and determined as if this Part (other than this section) had not been enacted.
3: Subsection (4)
a: that contains commitments or assurances by the Crown or a DHB; and
b: that is in effect immediately before the commencement of this Part; and
c: that provides for or envisages payments for support services provided to a family member.
4: The contract or arrangement—
a: must, if any of its terms relating to payment for support services to a family member were not permitted or authorised by a family care policy, be construed as if they had been so permitted and authorised; and
b: if still in effect on the day before the first anniversary of the commencement of this Part, ceases to be in effect on the close of that day.
5: Subsections (3) and (4) section 70C |
DLM4732300 | 2013 | Waitaha Claims Settlement Act 2013 | 1: Title
This Act is the Waitaha Claims Settlement Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions, acknowledgements and apology, settlement of historical claims, and miscellaneous matters
1: Preliminary provisions, acknowledgements and apology
3: Purpose
The purpose of this Act is to give effect to certain provisions of the deed of settlement, which is a deed to settle the historical claims of Waitaha.
4: Act binds the Crown
This Act binds the Crown.
5: 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 this Act or of the deed of settlement.
2: This Part—
a: sets out the purpose of the Act, records the acknowledgements and apology given by the Crown to Waitaha, and specifies that it binds the Crown; and
b: defines terms used in the Act, including key terms such as Waitaha and historical claims; and
c: provides that the settlement of the historical claims is final; and
d: provides for—
i: the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body to consider 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
3: Part 2
a: protocols to be issued to the trustees by the Minister of Conservation, the Minister of Energy and Resources, and the Minister for Arts, Culture and Heritage; and
b: an acknowledgement by the Crown of the statements made by Waitaha of their cultural, spiritual, historical, and traditional association with 16 statutory areas and the effect of that acknowledgement; and
c: a deed of recognition to be made by the Minister of Conservation and the Director-General in relation to 5 of the statutory areas; and
d: the acknowledgement of Waitaha values in relation to Ōtawa and Te Ara a Hei by means of Te Whakairinga Kōrero; and
e: the vesting in the trustees of the fee simple in 6 cultural redress properties, 2 of which will be reserves; and
f: the vesting in the trustees of the improvements on land that are known as the kaumātua flats; and
g: the delayed and contingent vesting of 2 joint cultural redress properties in the trustees of Te Kapu o Waitaha and the trustees or entities representing 5 other iwi as tenants in common in equal shares.
4: Part 3
a: the transfer to the trustees of 6 commercial redress properties, 5 of which are to be leased back to the Crown; and
b: the transfer of 2 properties to the trustees if those properties are selected by the trustees; and
c: a contingent right for the trustees to purchase land at Te Houhou if the land becomes available for settlement; and
d: a contingent right for the trustees to purchase 8 properties in Te Puke in the event that the properties become available for settlement; and
e: the creation of computer registers, and the effect of registration, in relation to the commercial redress properties; and
f: the application of other enactments in relation to the transfer of commercial redress properties.
5: There are 4 schedules, as follows:
a: Schedule 1
b: Schedule 2
c: Schedule 3
d: Schedule 4 Section 5(2)(d)(iv) amended 30 January 2021 section 161 Trusts Act 2019
6: Acknowledgements by the Crown
The text of the acknowledgements made by the Crown, as set out in the deed of settlement, is as follows:
1: The Crown acknowledges that Waitaha, an ancient iwi descending from Hei and Waitaha of the waka Te Arawa, has long sought acknowledgement and redress for its grievances. The Crown has failed to deal with these grievances in an appropriate way. The Crown hereby recognises the legitimacy of the historical grievances of Waitaha and makes the following acknowledgements.
2: The Crown acknowledges that the coming of war to the Bay of Plenty in the 1860s split Waitaha internally. Individuals and hapū were compelled to align themselves with different sides in the conflict and this caused discord and enmity within the iwi, and in the relationships Waitaha had with other iwi and with the Crown.
3: The Crown acknowledges that—
a: the Waitaha rangatira Hakaraia Mahika initially promoted peaceful engagement with Pākehā; and
b: in his support for the Kīngitanga, Hakaraia sought to halt the sale of Māori land, and that he escalated his opposition only after Crown forces invaded the Waikato.
4: The Crown acknowledges that—
a: Waitaha warriors, including Hakaraia, took part in the battles at Pukehinahina and Te Ranga in April and June 1864; and
b: members of Waitaha were killed by Crown troops at Te Ranga; and
c: the Crown was ultimately responsible for the outbreak of war in Tauranga and the resulting loss of life, and that its actions were a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
5: The Crown acknowledges that, taken together, the Tauranga confiscation/raupatu and the subsequent Tauranga District Lands Acts 1867 and 1868—
a: affected all Waitaha, including those who had not opposed the Crown; and
b: included Ōtawa, a maunga sacred to all the descendants of Hei and Waitaha; and
c: compulsorily extinguished customary title in the land within the extended confiscation/raupatu district.
6: The Crown further acknowledges that it—
a: returned land to Waitaha in the form of individualised title rather than Māori customary title; and
b: wrongfully retained land in order to punish Waitaha for the actions of Hakaraia, whom it deemed to be a rebel.
7: The Crown acknowledges that the confiscation/raupatu and the subsequent Tauranga District Lands Acts 1867 and 1868—
a: had a detrimental effect on the welfare and economy of Waitaha and deprived the iwi of wāhi tapu, access to natural resources and opportunities for development; and
b: prevented Waitaha from exercising mana and rangatiratanga over land and resources within the Tauranga confiscation district.
8: The Crown acknowledges that in its effects on Waitaha, the confiscation/raupatu and the subsequent Tauranga District Lands Acts 1867 and 1868 were unjust, indiscriminate, and a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
9: The Crown acknowledges that—
a: it inflicted a scorched earth policy in its assaults on Waitaha settlements during the bush campaign; and
b: the resulting destruction further devastated the welfare and economy of Waitaha; and
c: Waitaha were forced to flee their settlements and were unable to return for many years.
10: The Crown acknowledges that the treatment that Waitaha received from the Crown during the bush campaign was unreasonable, inflicted considerable unnecessary harm on Waitaha, and was a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
11: The Crown acknowledges that—
a: it did not consult with Waitaha on the Native Land Acts of 1862 and 1865; and
b: the workings of the native land laws, in particular in the awarding of land to individuals rather than iwi or hapū and the enabling of individuals to deal with that land without reference to the iwi or hapū, made the lands of Waitaha more susceptible to alienation. As a result, the traditional social structures, mana and rangatiratanga of Waitaha were eroded. The Crown acknowledges it failed to take adequate steps to protect these structures, and this was a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
12: The Crown acknowledges that it exploited inter-iwi competition over Te Puke block and used outstanding survey charges and the threat of mortgage to pressure Waitaha into selling the land. The Crown used the Native Lands Act 1877 to prevent Waitaha from selling the land to private parties. The combined effect of these aggressive purchase techniques meant that the Crown failed actively to protect the interests of Waitaha in the land they wished to retain and this was a breach of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.
13: The Crown acknowledges further land was lost to Waitaha during the nineteenth and twentieth centuries through purchases by private parties of land originally intended to be inalienable, additional Crown purchases and public works takings. These losses came at a time when Waitaha were already experiencing great economic hardship.
14: The Crown acknowledges that the cumulative effect of its actions has rendered Waitaha virtually landless. By 1900, members of the iwi held only a fraction—approximately 2.5 per cent—of their former rohe. While the land and resources alienated from Waitaha have benefited the nation as a whole, the reserves created for Waitaha from Te Puke block, including Manoeka
15: The Crown acknowledges that the cumulative effect of its breaches of Te Tiriti o Waitangi/the Treaty of Waitangi and its principles undermined the physical, cultural, social, economic and spiritual well-being of Waitaha to the point where the iwi itself nearly vanished. The suffering and marginalisation caused to Waitaha over the generations have continued to the present day.
7: Apology by the Crown to Waitaha
The text of the apology offered by the Crown to Waitaha, as set out in the deed of settlement, is as follows:
1: The Crown makes the following apology to the descendants of Hei and Waitaha known as Waitaha.
2: The Crown is deeply sorry that it has failed to fulfil its obligations to Waitaha under Te Tiriti o Waitangi/the Treaty of Waitangi.
3: The Crown’s acts and omissions have severed you from almost all of your traditional lands and driven your ancient iwi to the point where it nearly ceased to exist. For these acts and omissions, and for the suffering they caused and continue to cause, the Crown apologises.
4: The Tauranga confiscation/raupatu was unjust and Hakaraia Mahika opposed it. For this, the Crown labelled him a rebel. In seeking to punish him, the Crown destroyed your houses, crops and livestock, and ultimately took his life. The Crown inflicted further punishment even after his death by unfairly withholding a large amount of land from you. For these misdeeds the Crown apologises to Waitaha and to Hakaraia.
5: The stigma of rebellion has diminished the mana of Waitaha and forced deep divisions among you, and between you and your neighbours. The Crown recognises that this burden has pressed most heavily on the descendants of Hakaraia, but has affected all of Waitaha. The Crown regrets that you have been forced to bear this stigma, and wishes the mana and reputation of Hakaraia and Waitaha to be restored. Accordingly, the Crown apologises for the part it played in placing this burden upon you.
6: The Crown wishes to restore its own tarnished honour too and hopes that this apology will mark the beginning of a stronger relationship with Waitaha, a relationship based on trust, co-operation, and respect for Te Tiriti o Waitangi/the Treaty of Waitangi. Accordingly, the Crown echoes the following Waitaha whakatauki: Kua tau te rangimārie Ki te whare o Hakaraia Āke, āke, āke. The peace has been settled In the house of Hakaraia Now and forever more.
2: Interpretation
8: Interpretation generally
It is the intention of Parliament that the provisions of this Act be interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
9: Interpretation
In this Act, unless the context otherwise requires,— affected person section 2AA authorised person
a: in respect of a cultural redress property, has the meaning given in section 91(7)
b: in respect of a joint cultural redress property, has the meaning given in section 82(5)
c: in respect of a commercial redress property, has the meaning given in section 102(3) balance of Te Houhou business day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year; and
c: the day observed as the anniversary of the province of Wellington; and
d: the day observed as the anniversary of the province of Auckland, being the day that is locally observed in the Bay of Plenty as that province's anniversary coastal marine area section 2(1) commercial redress property conservation management plan section 2(1) conservation management strategy section 2(1) Crown section 2(1) Crown minerals protocol
a: means a protocol issued by the Minister of Energy and Resources under section 19(1)(a)
b: includes any amendments made under section 19(1)(b) Crown minerals protocol area cultural redress property section 62 deed of recognition section 36 deed of settlement deed
a: mean the deed of settlement dated 20 September 2011 and signed by—
i: the Minister for Treaty of Waitangi Negotiations, the Honourable Christopher Finlayson, and the Minister of Finance, the Honourable Simon William English, on behalf of the Crown; and
ii: Frank Puroku Grant, Areta Donna Gray, Tonty Tapua Te Amo, Bernard Te Huaki Whareaorere, and George Wehi Clarke as trustees of Te Kapu o Waitaha; and
b: include—
i: the general matters schedule, the property redress schedule, the documents schedule, the legislative matters schedule, and any attachments to the deed; and
ii: any amendments to the deed, its schedules, or attachments deed plan deferred purchase property
a: that the trustees of the relevant settlement trust have elected to purchase from the Crown by giving notice under paragraph 6.7 of part 6 of that schedule; and
b: in respect of which the agreement for sale and purchase (formed under paragraph 6.9 of that part 6) has not been cancelled Director-General DOC protocol
a: means a protocol issued by the Minister of Conservation under section 19(1)(a)
b: includes any amendments made under section 19(1)(b) DOC protocol area documents schedule effective date encumbrance general matters schedule Heritage New Zealand Pouhere Taonga section 9 historical claims section 11 joint cultural redress property section 72 land holding agency
a: a commercial redress property, means the Office of Treaty Settlements in relation to Te Houhou, and otherwise means the Ministry of Education:
b: a cultural redress property, means the Department of Conservation in relation to the Maungaruahine Pā Historic Reserve and the part of the Otawa Scenic Reserve to become the Ōtara Scenic Reserve, and otherwise means the Office of Treaty Settlements:
c: a deferred purchase property, means the Office of Treaty Settlements:
d: Te Puke Police Station, means the New Zealand Police:
e: a Te Puke property and the balance of Te Houhou, means the Office of Treaty Settlements LINZ local authority section 5(1) member of Waitaha section 10(1)(a) property redress schedule protection principles section 41(2) protocol section 19(1)(a) section 19(1)(b) regional council section 2(1) Registrar-General section 4 relevant consent authority representative entity
a: the trustees; and
b: any person (including any trustees) acting for, or on behalf of,—
i: the collective group referred to in section 10(1)
ii: 1 or more of the whānau, hapū, or groups that together form that collective group; or
iii: 1 or more members of Waitaha reserve site section 62 resource consent section 2(1) responsible department
a: for a conservation protocol, the Department of Conservation:
b: for a taonga tūturu protocol, the Ministry for Culture and Heritage:
c: for a Crown minerals protocol, the Ministry of Business, Innovation, and Employment:
d: any other department of State authorised by the Prime Minister to exercise powers or perform functions and duties under subpart 1 of Part 2 responsible Minister
a: for a conservation protocol, the Minister of Conservation:
b: for a taonga tūturu protocol, the Minister for Arts, Culture and Heritage:
c: for a Crown minerals protocol, the Minister of Energy and Resources:
d: any other Minister of the Crown authorised by the Prime Minister to exercise powers and perform functions and duties under subpart 1 of Part 2 settlement date statements of association section 25 statutory acknowledgement section 26 subpart 2 of Part 2 statutory area Schedule 1 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 subsidiary section 5 taonga tūturu
a: has the meaning given in section 2(1)
b: includes ngā taonga tūturu (which has the meaning given in section 2(1) taonga tūturu protocol
a: means a protocol issued by the Minister for Arts, Culture and Heritage under section 19(1)(a)
b: includes any amendments made under section 19(1)(b) Te Kapu o Waitaha Te Puke property Te Whakairinga Kōrero section 41(1) Te Whakairinga Kōrero site section 41(2) tikanga of Waitaha trustees of Te Kapu o Waitaha trustees vesting date section 72 Waitaha section 10 Waitaha area of interest area of interest Waitaha values section 41(2) Section 9 business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 9 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 9 Historic Places Trust repealed 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
10: Meaning of Waitaha
1: In this Act, unless the context otherwise requires, Waitaha
a: means the collective group composed of individuals who are descended from a tupuna of Waitaha; 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,— customary rights
a: rights to occupy land; and
b: rights in relation to the use of land or other natural or physical resources; and
c: rights to affiliate to a marae; and
d: rights of burial descended
a: birth:
b: legal adoption:
c: Māori customary adoption in accordance with the tikanga of Waitaha tupuna of Waitaha
a: who exercised customary rights by virtue of being descended from—
i: Hei; and
ii: Waitaha (an individual); and
b: who exercised the customary rights predominantly within the Waitaha area of interest on or after 6 February 1840.
11: Meaning of historical claims
1: In this Act (other than in subpart 6 of Part 2 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 (whether or not the claim has arisen or been considered, researched, notified, or made by or on the settlement date) that Waitaha (or a representative entity) had at, 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 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 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: every claim to the Waitangi Tribunal to which subsection (2) applies that relates exclusively to Waitaha or a representative entity, including—
i: Wai 664—Waitaha tribal estate claim; and
ii: Wai 702—Waitaha hapū lands and resources claim; and
iii: Wai 1178—Ngāti Te Puku o Hākoma claim; and
b: every other claim to the Waitangi Tribunal to which subsection (2) applies, so far as it relates to Waitaha or a representative entity.
4: However, historical claims
a: a claim that a member of Waitaha, or a whānau, hapū, or group referred to in section 10
b: a claim that a representative entity may have to the extent that the claim is founded on a claim referred to in paragraph (a).
3: Settlement of historical claims
Historical claims settled and jurisdiction of courts, etc, removed
12: 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 Act; or
d: the redress provided under the deed of settlement or this Act.
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 Act. Consequential amendment to Treaty of Waitangi Act 1975
13: Amendment to Treaty of Waitangi Act 1975
1: This section amends the Treaty of Waitangi Act 1975
2: In Schedule 3 Waitaha Claims Settlement Act 2013, section 12(4) and (5) 2013-06-13 Treaty of Waitangi Act 1975 Protections no longer apply
14: Certain enactments do not apply
1: The enactments listed in subsection (2) do not apply—
a: to a commercial redress property; or
b: to a cultural redress property; or
c: to a joint cultural redress property, but only on and from the vesting date; or
d: to a deferred purchase property, but only on and from the date on which the transfer of the property is settled; or
e: to all or part of the balance of Te Houhou or a Te Puke property, but only on and from the date on which the transfer of the property is settled (if it is transferred under this Act); or
f: for the benefit of Waitaha or a representative entity.
2: The enactments are—
a: sections 8A to 8HJ
b: sections 27A to 27C
c: sections 568 to 570
d: Part 3
e: Part 3 Section 14(2)(c) replaced 1 August 2020 section 668 Education and Training Act 2020
15: Removal of memorials
1: The chief executive of LINZ must issue to the Registrar-General a certificate that identifies (by reference to the relevant legal description, certificate of title, or computer register) each allotment that is—
a: all or part of a property described in section 14(1)
b: contained in a certificate of title or computer register that has a memorial entered under any enactment referred to in section 14(2)
2: The chief executive of LINZ must issue a certificate under subsection (1) as soon as is reasonably practicable after—
a: the vesting date, in the case of a property described in section 14(1)(c)
b: the date on which the transfer of a property described in section 14(1)(d) or (e)
c: the settlement date, in the case of any other property.
3: Each certificate must state that it is issued under this section.
4: The Registrar-General must, as soon as is reasonably practicable after receiving a certificate issued under subsection (1),—
a: register the certificate against each certificate of title or computer register identified in the certificate; and
b: cancel, in respect of each allotment identified in the certificate, each memorial that is entered (in accordance with any enactment referred to in section 14(2)
4: Miscellaneous matters
No limit on duration of trusts Heading replaced 30 January 2021 section 161 Trusts Act 2019
16: Limit on duration of trusts does not apply
1: No rule of law or provisions of an Act limiting the duration of a trust, including section 16
a: prescribe or restrict the period during which—
i: Te Kapu o Waitaha may exist in law; or
ii: the trustees may hold or deal with property (including income derived from property); or
b: apply to a protocol, deed of recognition, or other 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 Kapu o Waitaha is, or becomes, a charitable trust, the trust may continue indefinitely under section 16(6)(a) Section 16 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 16(1) amended 30 January 2021 section 161 Trusts Act 2019 Section 16(2) amended 30 January 2021 section 161 Trusts Act 2019 Timing of actions or matters
17: Timing of actions or matters
1: Actions or matters occurring under this Act occur or take effect on and from the settlement date.
2: However, if a provision of this Act requires an action or a matter to occur or take effect on a date other than the settlement date, that action or matter occurs or takes effect on and from that other date. Access to deed of settlement
18: 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 on any business day; and
b: free of charge on an Internet site maintained by or on behalf of the Ministry of Justice.
2: Cultural redress
1: Protocols
General provisions
19: Authority to issue, amend, or cancel protocol
1: A responsible Minister may—
a: issue a protocol to the trustees in the form set out in part 4, 5, or 6 (as applicable) of the documents schedule; and
b: amend or cancel the protocol.
2: A protocol may be amended or cancelled under subsection (1) 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.
20: Protocols subject to rights, functions, and obligations
A protocol does 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 the responsible Minister or responsible department; or
c: the legal rights of Waitaha or a representative entity.
21: Enforceability of protocols
1: The Crown must comply with a protocol while it is in force.
2: If the Crown fails, without good cause, to comply with a protocol, the trustees may, subject to the Crown Proceedings Act 1950
3: Despite subsection (2), damages or any form 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 a protocol under subsection (2). Conservation protocol
22: Noting and effect of conservation protocol
1: A summary of the terms of the conservation protocol must be noted in any of the following documents that affect the conservation protocol area:
a: a conservation management strategy:
b: a conservation management plan:
c: a national park management plan.
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not an amendment to the document for the purposes of section 17I section 46
3: The conservation protocol does not have the effect of granting, creating, or providing evidence of—
a: rights relating to the marine and coastal area (as defined in section 9(1)
b: an estate or interest in land held, managed, or administered or flora or fauna managed or administered under the Conservation Act 1987 Schedule 1 Crown minerals protocol
23: Noting and effect of Crown minerals protocol
1: A summary of the terms of the Crown minerals protocol must be noted in—
a: a register of protocols maintained by the chief executive of the Ministry of Business, Innovation, and Employment; and
b: the minerals programmes affecting the Crown minerals protocol area when those programmes are replaced.
2: The noting of the summary is—
a: for the purpose of public notice only; and
b: not an amendment to the minerals programme for the purposes of the Crown Minerals Act 1991
3: The Crown minerals protocol does not have the effect of granting, creating, or providing evidence of an estate in, or rights relating to, any Crown owned mineral.
4: In this section, Crown owned mineral minerals programme section 2(1) Taonga tūturu protocol
24: Taonga tūturu protocol
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: Statutory acknowledgement and deed of recognition
Statutory acknowledgement
25: Interpretation
In this subpart,— specified freehold land section 9(1) statements of association
a: made by Waitaha of their particular cultural, spiritual, historical, and traditional association with each statutory area; and
b: that are in the form set out in part 2 of the documents schedule at the settlement date.
26: Statutory acknowledgement by the Crown
The Crown acknowledges the statements of association.
27: 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 sections 28 to 30
b: require relevant consent authorities to give summaries and notices of resource consent applications to the trustees, in accordance with section 32
c: enable the trustees and any member of Waitaha to cite the statutory acknowledgement as evidence of the association of Waitaha with the relevant statutory areas, in accordance with section 33 Section 27(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
28: 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
29: Environment Court to have regard to statutory acknowledgement
1: This section applies to proceedings before the Environment Court in relation to an application for a resource consent for an activity within, adjacent to, or directly affecting the 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
30: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgement
1: If, on or after the effective date, an application is made under section 44 56 61
a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62
b: the Environment Court, in determining under section 59(1) 64(1)
2: In this section, archaeological site section 6 Section 30 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
31: 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: the relevant provisions of sections 26 to 30
b: the description of the statutory area wholly or partly covered by the plan; and
c: the statement of association for the statutory area.
3: The attachment of information to a statutory plan under this section is for the purpose of public information only, and the information is not, unless adopted by the relevant consent authority,—
a: part of the statutory plan; or
b: subject to the provisions of Schedule 1
32: Provision of summaries or notices of resource consent applications to trustees
1: Each relevant consent authority must, for a period of 20 years starting on the effective date, give 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; and
b: if notice of an application for resource consent is served on the consent authority under section 145(10)
2: The information provided in a summary of an application must be the same as would be given to an affected person by limited notification under section 95B
3: A summary of an application must be given under subsection (1)(a)—
a: as soon as is reasonably practicable after the relevant consent authority receives the application; and
b: before the consent authority decides under section 95(a)
4: A copy of the notice under subsection (1)(b) must be given no later than 10 business days after the day on which the relevant consent authority receives the notice.
5: This section does not affect a relevant consent authority's obligation—
a: under section 95(a)
b: under section 95E
33: Use of statutory acknowledgement
1: The trustees and any member of Waitaha may, as evidence of the association of Waitaha with a statutory area, cite the statutory acknowledgement that relates to that area in submissions to, and in proceedings before, a relevant consent authority, the Environmental Protection Authority or a board of inquiry under Part 6AA Heritage New Zealand Pouhere Taonga
2: The content of a statement of association is not, by virtue of the statutory acknowledgement, binding as fact on—
a: relevant consent authorities:
b: the Environmental Protection Authority or a board of inquiry under Part 6AA
c: the Environment Court:
d: Heritage New Zealand Pouhere Taonga:
e: parties to proceedings before the bodies specified in paragraphs (a) to (d):
f: any other person who is entitled to participate in the proceedings.
3: Despite subsection (2), the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.
4: To avoid doubt,—
a: neither the trustees nor members of Waitaha are precluded from stating that Waitaha 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. Section 33(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 33(2)(d) replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
34: Trustees may waive rights
1: The trustees may waive the right to be given summaries, and copies of notices, of resource consent applications under section 32
2: The trustees may waive the right to have a relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga sections 28 to 30
3: Rights must be waived by written notice to the relevant consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga
a: the scope of the waiver; and
b: the period for which it applies.
4: An obligation under this subpart does not apply to the extent that the corresponding right has been waived under this section. Section 34(2) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 34(3) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
35: Application of statutory acknowledgement to river, stream, or coastal marine area
1: If a 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; 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: land that the waters of the river or stream do not cover at their fullest flow without flowing over its banks; or
iii: an artificial watercourse.
2: If a statutory acknowledgement applies to the coastal marine area, the acknowledgement does not apply to any specified freehold land in the area. Deed of recognition
36: The Crown may make deed of recognition
1: The Minister of Conservation and the Director-General may—
a: enter into a deed of recognition in favour of the trustees in relation to the statutory areas referred to as—
i: Hakoko Creek:
ii: Kaokaonui Kāinga:
iii: Paraiti Creek:
iv: Popaki Creek:
v: Te Raparapa-ā-Hoe; and
b: amend the deed of recognition, but only with the consent of the trustees.
2: A deed of recognition must be substantially in the form set out in part 3 of the documents schedule.
3: If a deed of recognition applies to a river or stream, the deed—
a: applies only to the bed 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: land that the waters of the river or stream do not cover at their fullest flow without flowing over its banks; or
iii: an artificial watercourse.
4: If a deed of recognition applies to the coastal marine area, the deed does not apply to any specified freehold land in the area. General provisions
37: Exercise or performance of powers, duties, and functions
1: Except as expressly provided in this subpart,—
a: neither the statutory acknowledgement nor a deed of recognition affects, or may be taken into account by, a person exercising a power or performing a function or duty under legislation or a bylaw; and
b: 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 Waitaha with a statutory area than that person would give under the relevant legislation or bylaw if there were no statutory acknowledgement or deed of recognition for the statutory area.
2: Subsection (1)(b) does not limit subsection (1)(a).
38: Rights not affected
Except as expressly provided in this subpart, the statutory acknowledgement and the deed of recognition do not affect the lawful rights or interests of any person who is not a party to the deed of settlement.
39: Limitation of rights
Except as expressly provided in this subpart, the statutory acknowledgement and the deed of recognition do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area. Consequential amendment to Resource Management Act 1991
40: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: In Schedule 11 Waitaha Claims Settlement Act 2013 2013-06-13 Resource Management Act 1991
3: Te Whakairinga Kōrero
41: Interpretation
1: In this Act, Te Whakairinga Kōrero
2: In this subpart,— conservation board section 6L national park management plan section 45 New Zealand Conservation Authority section 6A ngā tikanga o Waitaha protection principles
a: for Ōtawa, means the protection principles set out in relation to Ōtawa on pages 4 and 5 of part 1 of the documents schedule at the settlement date, including any amendments made to the principles under section 45(4) or (5)
b: for Te Ara a Hei, means the protection principles set out in relation to Te Ara a Hei on pages 7 and 8 of part 1 of the documents schedule at the settlement date, including any amendments made to the principles under section 45(4) or (5) statement of Waitaha values
a: for Ōtawa, means the statement of values made by Waitaha in relation to Ōtawa and set out in part 1 of the documents schedule:
b: for Te Ara a Hei, means the statement of values made by Waitaha in relation to Te Ara a Hei and set out in part 1 of the documents schedule Te Whakairinga Kōrero site
a: means a site that is declared under section 42
b: does not include an area that is declared under section 57(1) Waitaha values
a: for Ōtawa, means the values set out in the statement of Waitaha values for Ōtawa:
b: for Te Ara a Hei, means the values set out in the statement of Waitaha values for Te Ara a Hei.
42: Declaration of Te Whakairinga Kōrero
1: The following sites are subject to an overlay classification called Te Whakairinga Kōrero:
a: Ōtawa:
b: Te Ara a Hei.
2: The sites are described in Schedule 2
43: The Crown's acknowledgement of Waitaha values
The Crown acknowledges the statements of Waitaha values relating to Ōtawa and Te Ara a Hei respectively.
44: Purposes of Te Whakairinga Kōrero
The only purposes of the declaration of Te Whakairinga Kōrero and of the Crown's acknowledgement of Waitaha values in relation to Ōtawa and Te Ara a Hei are—
a: to require the New Zealand Conservation Authority and relevant conservation boards to have particular regard to—
i: Waitaha values and the protection principles in accordance with section 46
ii: the views of the trustees under section 47
b: to require the New Zealand Conservation Authority to give the trustees an opportunity to make submissions, as provided for in section 48
c: to enable the taking of action under sections 51 to 54
45: Agreement on protection principles
1: The trustees and the Crown may agree on and publicise protection principles.
2: The purpose of the protection principles is to assist the Minister of Conservation in avoiding—
a: harming Waitaha values or ngā tikanga o Waitaha in relation to Ōtawa and Te Ara a Hei; and
b: diminishing Waitaha values or ngā tikanga o Waitaha in relation to Ōtawa and Te Ara a Hei.
3: The protection principles set out in part 1 of the documents schedule in relation to Ōtawa and Te Ara a Hei at the settlement date are to be treated as having been agreed by the trustees and the Crown under subsection (1).
4: The trustees and the Crown may amend the protection principles by agreement in writing.
5: Despite subsection (3), the Crown may amend the protection principles to take account of a deed of settlement entered into by the Crown with another person or group with an interest in Ōtawa or Te Ara a Hei.
6: However, before amending the protection principles under subsection (5), the Crown must consult the trustees.
46: Duties of New Zealand Conservation Authority and conservation boards in relation to Waitaha values and protection principles
1: This section applies when the New Zealand Conservation Authority or a conservation board considers or approves a conservation management strategy, a conservation management plan, or a national park management plan in relation to a Te Whakairinga Kōrero site.
2: The New Zealand Conservation Authority or the conservation board must have particular regard to—
a: the applicable statement of Waitaha values; and
b: the applicable protection principles.
47: Duty of New Zealand Conservation Authority and conservation boards to consult trustees
1: This section applies before the New Zealand Conservation Authority or a conservation board approves a conservation management strategy, a conservation management plan, or a national park management plan in relation to a Te Whakairinga Kōrero site.
2: The New Zealand Conservation Authority or the conservation board must—
a: consult the trustees; and
b: have particular regard to the views of the trustees as to the effect of the strategy or plan on—
i: Waitaha values for the Te Whakairinga Kōrero site; and
ii: the protection principles for the site.
48: Opportunity to make submissions on draft conservation management strategy
1: This section applies if the trustees advise the New Zealand Conservation Authority in writing that they have significant concerns about a draft conservation management strategy that relates to a Te Whakairinga Kōrero site.
2: The New Zealand Conservation Authority must, before approving the strategy, give the trustees an opportunity to make submissions in relation to their concerns.
49: Noting of Te Whakairinga Kōrero
1: The declaration of Te Whakairinga Kōrero must be noted in the following documents if the documents affect a Te Whakairinga Kōrero site:
a: a conservation management strategy:
b: a conservation management plan:
c: a national park management plan.
2: The noting of Te Whakairinga Kōrero under subsection (1)
a: is for the purpose of public notice only; and
b: is not an amendment to a document for the purposes of section 17I section 46
50: Notification of actions in
Gazette
1: As soon as practicable after the settlement date, the Minister of Conservation must notify in the Gazette
a: the declaration that Ōtawa and Te Ara a Hei are subject to Te Whakairinga Kōrero; and
b: the protection principles and amendments to the principles.
2: The Minister of Conservation must notify any amendments to the protection principles made under section 45 Gazette
3: The Director-General may, at his or her discretion, notify in the Gazette sections 51 to 54
51: Actions by Director-General
1: Following notification in the Gazette
a: must take action (as described in part 1 of the documents schedule) in relation to those principles; and
b: may take any other action in relation to those principles.
2: The Director-General retains a complete discretion to determine the method and extent of the action to be taken.
3: The Director-General must notify the trustees of any action the Director-General intends to take.
4: If requested in writing by the trustees, the Director-General must not take action in respect of the protection principles to which the request relates.
5: Subsection (1) applies subject to subsections (2) to (4).
52: Amendment of conservation documents
1: The Director-General may initiate an amendment to a conservation management strategy or plan, or a national park management plan to incorporate objectives relating to the protection principles (including incorporating a recommendation to promulgate regulations or make bylaws).
2: The Director-General must consult affected conservation boards before initiating an amendment under subsection (1).
3: An amendment initiated under subsection (1) is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4)
4: This section does not limit section 51(2)
53: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for the following purposes:
a: to provide for the implementation of objectives incorporated in a strategy or plan under section 52(1)
b: to regulate or prohibit activities by or conduct of members of the public on a Te Whakairinga Kōrero site:
c: to create offences for breaches of regulations made under paragraph (b):
d: to provide for the following fines to be imposed:
i: for an offence referred to in paragraph (c), a fine not exceeding $5,000; and
ii: for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 53(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
54: Bylaws
1: The Minister of Conservation may make bylaws for the following purposes:
a: to provide for the implementation of objectives incorporated in a strategy or plan under section 52(1)
b: to regulate or prohibit activities by or conduct of members of the public on a Te Whakairinga Kōrero site:
c: to create offences for breaches of bylaws made under paragraph (b):
d: to provide for the following fines to be imposed:
i: for an offence referred to in paragraph (c), a fine not exceeding $1,000; and
ii: for a continuing offence, an additional amount not exceeding $50 for every day during which the offence continues.
2: Bylaws under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and 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 54(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
55: Amendment relating to Legislation Act 2012
2013-08-05 Waitaha Claims Settlement Act 2013 Section 55(2) amends section 54(2) in this Act once the Legislation Act 2012 comes into force which is believed to be 5 August 2013 Section 55 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
56: Existing classification of Te Whakairinga Kōrero
1: This section applies if Te Whakairinga Kōrero applies to any land in—
a: a national park under the National Parks Act 1980
b: a conservation area under the Conservation Act 1987
c: a reserve under the Reserves Act 1977
2: Te Whakairinga Kōrero does not affect—
a: the purpose of the national park, conservation area, or reserve; or
b: the classification of the land as a national park, conservation area, or reserve.
57: Termination of Te Whakairinga Kōrero status
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare that all or part of Ōtawa or Te Ara a Hei is no longer subject to Te Whakairinga Kōrero.
2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless the trustees and the Minister of Conservation have agreed in writing that Te Whakairinga Kōrero status is no longer appropriate for the area concerned and—
a: the area concerned is to be or has been disposed of by the Crown; or
b: the responsibility for managing the area concerned is or has been transferred to a different Minister of the Crown or department of State.
3: Subsection (4) applies if—
a: subsection (2)(a) or (b) applies; or
b: there is a change in the statutory management regime that applies to all or part of Ōtawa or Te Ara a Hei.
4: The Crown must take reasonable steps to try to ensure that the trustees continue to have the opportunity to contribute to the management of the area concerned.
5: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 57(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
58: Exercise or performance of powers, functions, and duties
Except as expressly provided in this subpart,—
a: the declaration of Te Whakairinga Kōrero and the Crown's acknowledgement of Waitaha values do not affect, and may not be taken into account by, a person exercising a power or performing a function or duty under a statute, regulation, or bylaw; and
b: no person, in considering a matter or making a decision or recommendation under a statute, regulation, or bylaw, may give greater or lesser weight to Waitaha values than that person would give under the relevant statute, regulation, or bylaw if the site had not been declared subject to Te Whakairinga Kōrero and Waitaha values had not been acknowledged.
59: Rights not affected
Except as expressly provided in this subpart, the declaration of Te Whakairinga Kōrero and the Crown's acknowledgement of Waitaha values do not affect the lawful rights or interests of a person who is not a party to the deed of settlement.
60: Rights not created
Except as expressly provided in this subpart, the declaration of Te Whakairinga Kōrero and the Crown's acknowledgement of Waitaha values do not have the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, Ōtawa and Te Ara a Hei.
4: The Crown not prevented from providing other similar redress
61: The Crown may provide other similar redress
1: The provision of the specified cultural redress does not prevent the Crown from doing anything that is consistent with that cultural redress, including—
a: providing the same or similar redress to a person other than Waitaha or the trustees:
b: disposing of land.
2: However, subsection (1) is not an acknowledgement by the Crown or Waitaha that any other iwi or group has interests in relation to land or an area to which any of the specified cultural redress relates.
3: In this section, specified cultural redress
a: protocols:
b: statutory acknowledgements:
c: deed of recognition:
d: Te Whakairinga Kōrero.
5: Cultural redress properties and interests
62: Interpretation
In this subpart and subpart 7 cultural redress property Schedule 3 Sites that vest in fee simple
a: the Hine Poto site:
b: the Ohineangaanga site:
c: Te Haehae: Site that vests in fee simple subject to easement
d: Whitikiore: Sites vesting in fee simple to be administered as reserves
e: the Maungaruahine Pā Historic Reserve:
f: the Ōtara Scenic Reserve kaumātua flats reserve site
a: the Maungaruahine Pā Historic Reserve reserved by section 68(3)
b: the Ōtara Scenic Reserve reserved by section 70(3) Kaumātua flats
63: Kaumātua flats
The Crown's interest in the kaumātua flats vests in the trustees. Sites that vest in fee simple
64: Hine Poto site
The fee simple estate in the Hine Poto site vests in the trustees.
65: Ohineangaanga site
The fee simple estate in the Ohineangaanga site vests in the trustees.
66: Te Haehae
The fee simple estate in Te Haehae vests in the trustees. Site that vests in fee simple subject to easement
67: Whitikiore
1: The fee simple estate in Whitikiore vests in the trustees.
2: The Crown must, by or on the settlement date, provide the trustees with a registrable right of way easement that provides the trustees with access to Whitikiore from Simpson Road over the areas shown marked A, C, and D on SO 450797.
3: The right of way easement must be substantially in the form set out in part 10 of the documents schedule. Sites vesting in fee simple to be administered as reserves
68: Maungaruahine Pā Historic Reserve
1: The reservation of the Maungaruahine Pā Historic Reserve (being Maungaruahine Pa Historic Reserve) as a historic reserve subject to section 18
2: The fee simple estate in the Maungaruahine Pā Historic Reserve vests in the trustees.
3: The Maungaruahine Pā Historic Reserve is declared a reserve and classified as a historic reserve subject to section 18
4: The name of the reserve created by subsection (3) is the Maungaruahine Pā Historic Reserve.
5: The trustees are the administering body of the Maungaruahine Pā Historic Reserve for the purposes of the Reserves Act 1977
69: Subsequent transfer of Maungaruahine Pā Historic Reserve
1: This section applies to all, or a part, of the Maungaruahine Pā Historic Reserve that, at any time after vesting in the trustees under section 68 Reserves Act 1977 reserve land
2: The fee simple estate in the reserve land may be transferred to any other person, but only in accordance with this section, despite any other enactment or rule of law.
3: The Minister of Conservation must give written consent to the transfer of the fee simple estate in the reserve land to another person or persons (the new owners
a: comply with the requirements of the Reserves Act 1977
b: perform the duties of an administering body under that Act.
4: The Registrar-General must, upon receiving the documents specified in subsection (5), register the new owners as the proprietors of the fee simple estate in the reserve land.
5: 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 of Conservation to the transfer of the reserve land; and
c: any other document required for registration of the transfer instrument.
6: The new owners, from the time of registration under subsection (4),—
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.
7: Despite subsections (1) and (2), subsections (3) to (6) do not apply to the transfer of the fee simple estate in 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 transfer instrument for the reserve land is accompanied by a certificate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) apply.
70: Ōtara Scenic Reserve
1: The reservation, subject to section 19
2: The fee simple estate in the Ōtara Scenic Reserve vests in the trustees.
3: The Ōtara Scenic Reserve is declared a reserve and classified as a scenic reserve for the purposes specified in section 19(1)(a)
4: The name of the reserve created under subsection (3) is the Ōtara Scenic Reserve.
5: The trustees are the administering body of the Ōtara Scenic Reserve for the purposes of the Reserves Act 1977
71: Restriction on transfer of Ōtara Scenic Reserve
1: The trustees must not transfer the fee simple estate in the Ōtara Scenic Reserve to a person other than the Crown.
2: However, the trustees may transfer the fee simple estate in the Ōtara Scenic Reserve to transferees who are the trustees of Te Kapu o Waitaha, after any new trustee has been appointed to the trust or any transferor has ceased to be a trustee of the trust, only if the transfer instrument is accompanied by a certificate given by the transferees, or the transferees’ solicitor, verifying that this subsection applies.
6: Ngā pae maunga: property jointly vested in fee simple to be administered as reserve
72: Interpretation
In this subpart, unless the context otherwise requires,— joint cultural redress property Schedule 4
a: Ōtanewainuku:
b: Pūwhenua Ngā Hapū o Ngāti Ranginui Settlement Trust Tapuika Iwi Authority Trust Te Tahuhu o Tawakeheimoa Trust vesting date section 73(1)
73: Application of this subpart
1: This subpart takes effect on and from a date specified by Order in Council made on the recommendation of the Minister of Conservation.
2: The Minister must not make a recommendation unless and until—
a: legislation is enacted to settle the historical claims of all the iwi described in subsection (3); and
b: that legislation, in each case, provides for the vesting, on a date specified by Order in Council, of the fee simple estate in Ōtanewainuku and Pūwhenua as undivided equal shares in the persons described in sections 74(2) 75(2)
3: The iwi are:
a: Ngāi Te Rangi:
b: Ngāti Ranginui:
c: Ngāti Rangiwewehi:
d: Ngāti Pūkenga:
e: Tapuika.
4: An order under subsection (1) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 73(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
74: Ōtanewainuku
1: Ōtanewainuku ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Ōtanewainuku vests as undivided equal shares in the following as tenants in common:
a: the trustees of Te Kapu o Waitaha; and
b: the trustees of Ngā Hapū o Ngāti Ranginui Settlement Trust; and
c: the entity to be established to represent the members of Ngāi Te Rangi for the purpose of this vesting; and
d: the entity to be established to represent the members of Ngāti Pūkenga for the purpose of this vesting; and
e: the trustees of Te Tahuhu o Tawakeheimoa Trust; and
f: the trustees of the Tapuika Iwi Authority Trust.
3: Ōtanewainuku is declared a reserve and classified as a scenic reserve subject to section 19(1)(a)
4: The reserve is named Ōtanewainuku Scenic Reserve.
5: The joint management body established by section 76 Reserves Act 1977 section 26
6: Subsections (1) to (5) do not take effect until the persons described in subsection (2) have provided the Crown with a registrable easement in gross for a right of way over Ōtanewainuku on the terms and conditions set out in part 11 of the documents schedule.
7: 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 that Act.
75: Pūwhenua
1: Pūwhenua ceases to be a conservation area under the Conservation Act 1987
2: The fee simple estate in Pūwhenua vests as undivided equal shares in the following as tenants in common:
a: the trustees of Te Kapu o Waitaha; and
b: the trustees of Ngā Hapū o Ngāti Ranginui Settlement Trust; and
c: the entity to be established to represent the members of Ngāi Te Rangi for the purpose of this vesting; and
d: the entity to be established to represent the members of Ngāti Pūkenga for the purpose of this vesting; and
e: the trustees of the Tapuika Iwi Authority Trust; and
f: the trustees of Te Tahuhu o Tawakeheimoa Trust.
3: Pūwhenua is declared a reserve and classified as a scenic reserve subject to section 19(1)(a)
4: The reserve is named Pūwhenua Scenic Reserve.
5: The joint management body established by section 76 Reserves Act 1977 section 26
76: Joint management body for Ōtanewainuku and Pūwhenua Scenic Reserves
1: A joint management body is established for Ōtanewainuku Scenic Reserve and Pūwhenua Scenic Reserve.
2: The following are appointers for the purposes of this section:
a: the trustees of Te Kapu o Waitaha; and
b: the trustees of Ngā Hapū o Ngāti Ranginui Settlement Trust; and
c: the entity to be established to represent the members of Ngāi Te Rangi for the purpose of the vesting of Ōtanewainuku and Pūwhenua; and
d: the entity to be established to represent the members of Ngāti Pūkenga for the purpose of the vesting of Ōtanewainuku and Pūwhenua; and
e: the trustees of the Tapuika Iwi Authority Trust; and
f: the trustees of Te Tahuhu o Tawakeheimoa Trust.
3: Each appointer may appoint 1 member 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
8: However, the first meeting of the body must be held no later than 2 months after the vesting date.
77: Restriction on transfer of joint cultural redress property
1: The registered proprietors of an undivided share in the fee simple estate in a joint cultural redress property must not transfer the undivided share.
2: However, the registered proprietors may transfer the undivided share if—
a: the transferors of the share 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 share is accompanied by a certificate given by the transferees, or the transferees’ solicitor, verifying that paragraphs (a) and (b) apply.
78: Provisions of other Acts with same effect for joint cultural redress property
1: This section applies if a provision in this Act has the same effect as a provision in another Act for 1 of the following properties:
a: Ōtanewainuku:
b: Pūwhenua.
2: The provisions must be given effect to only once, as if they were 1 provision. General provisions relating to vesting of joint cultural redress properties under this subpart
79: Properties vest subject to, or together with, encumbrances
Each joint cultural redress property vests under this subpart subject to, or together with, any encumbrances listed for the property in Schedule 4
80: Interests in land for joint cultural redress properties
1: This section applies to a joint cultural redress property while all or part of the property remains a reserve under the Reserves Act 1977 reserve land
2: If the property is affected by an encumbrance that is an interest in land listed for the property in Schedule 4
3: Any encumbrance that is an interest in land that affects the reserve land must be dealt with for the purposes of registration as if the administering body were the registered proprietor of the land.
4: However, subsections (2) and (3) do not affect the registration of the easement referred to in section 74(6)
81: Encumbrances that are not interests in land
1: This section applies if a joint cultural redress property is subject to an encumbrance (other than an interest in land) that is listed for the property in Schedule 4
2: The encumbrance applies as if the owners of the joint cultural redress property were the grantor of the encumbrance in respect of the property, except to the extent that subsection (3) applies.
3: If all or part of the joint cultural redress property is reserve land to which section 80
4: The encumbrance applies—
a: until the encumbrance expires or is terminated; and
b: with any other necessary modifications; and
c: despite any change in status of the land in the property.
82: Registration of ownership
1: This section applies in relation to the fee simple estate in a joint cultural redress property vested under this subpart.
2: The Registrar-General must, in accordance with an application received from an authorised person,—
a: create a computer freehold register for each undivided one-sixth share of the fee simple estate in the property in the name of each of—
i: the trustees of Te Kapu o Waitaha:
ii: the trustees of Ngā Hapū o Ngāti Ranginui Settlement Trust:
iii: the entity to be established to represent the members of Ngāi Te Rangi for the purpose of the vesting of Ōtanewainuku and Pūwhenua:
iv: the entity to be established to represent the members of Ngāti Pūkenga for the purpose of the vesting of Ōtanewainuku and Pūwhenua:
v: the trustees of the Tapuika Iwi Authority Trust:
vi: the trustees of Te Tahuhu o Tawakeheimoa Trust; and
b: record on each computer freehold register any encumbrances that are registered, notified, or notifiable and that are described in the application.
3: Subsection (2) applies subject to the completion of any survey necessary to create a computer freehold register.
4: A computer freehold register must be created under this section as soon as is reasonably practicable after the vesting date, but no later than—
a: 24 months after the vesting date; or
b: any later date that may be agreed in writing by the Crown and the persons in whose names the register is to be created.
5: In this section, authorised person
83: Application of Part 4A of Conservation Act 1987
1: The vesting of the fee simple estate in a joint cultural redress property under this subpart is a disposition for the purposes of Part 4A sections 24 24A 24AA
2: If the reservation of a joint cultural redress property under section 74(3) 75(3) section 24
84: Recording application of Part 4A of Conservation Act 1987 and sections of this subpart
1: The Registrar-General must record on the computer freehold register for a joint cultural redress property that—
a: the land is subject to Part 4A section 24
b: the land is subject to sections 77 80(3) 83(2)
2: A record made under subsection (1) that land is subject to Part 4A section 24D(1)
3: If the reservation under section 74(3) 75(3)
a: all of the property, then the Director-General must apply in writing to the Registrar-General to remove from the computer freehold registers for the property the notifications that—
i: section 24
ii: the property is subject to sections 77 80(3) 83(2)
b: part of the property, then the Registrar-General must ensure that the notifications referred to in paragraph (a) remain on the computer registers only for the part of the property that remains a reserve.
4: The Registrar-General must comply with an application received in accordance with subsection (3)(a).
85: Application of other enactments to joint cultural redress properties
1: Section 11 Part 10
a: the vesting of the fee simple estate in a joint cultural redress property under this subpart; or
b: any matter incidental to, or required for the purpose of, the vesting.
2: The vesting of the fee simple estate in a joint cultural redress property under this subpart does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
3: The permission of a council under section 348
86: Application of Reserves Act 1977 to joint cultural redress properties that are reserve
1: Despite sections 48A(6) 114(5) 115(6)
2: Sections 78(1)(a) 79 to 81 88
3: If the reservation under section 74(3) 75(3) section 24 section 25
87: Joint cultural redress property that is reserve must not be mortgaged
The registered proprietors of a joint cultural redress property must not mortgage, or give a security interest in, all or any part of the property that, at any time after vesting under section 74 75 Reserves Act 1977
88: Saving of bylaws, etc, in relation to joint cultural redress property that is reserve
1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister made or imposed under the Reserves Act 1977 Conservation Act 1987 section 74 75
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Reserves Act 1977 Conservation Act 1987
89: Scenic reserve not to become Crown protected area
1: A joint cultural redress property is not a Crown protected area.
2: The Minister must not change the name of a joint cultural redress property under section 16(10)
3: In this section, Crown protected area section 4
7: General provisions relating to vesting of cultural redress properties in trustees
90: Properties vest subject to, or together with, encumbrances
Each cultural redress property vests under subpart 5 Schedule 3
91: Registration of ownership
1: This section applies in relation to the fee simple estate in a cultural redress property vested in the trustees under subpart 5
2: The Registrar-General must, on written application by an authorised person, comply with subsections (3) and (4).
3: To the extent that a cultural redress property is all of the land contained in a computer freehold register, the Registrar-General must—
a: register the trustees as the proprietors of the fee simple estate in the land; and
b: make any entries in the register, and do all other things, that are necessary to give effect to this Part and to part 5 of the deed of settlement.
4: To the extent that a cultural redress property is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property, the Registrar-General must, in accordance with an application received from an authorised person,—
a: create 1 or more computer freehold registers for the fee simple estate in the property in the names of the trustees; and
b: enter on the register any encumbrances that are registered, notified, or notifiable and that are described in the application.
5: Subsection (4) applies subject to the completion of any survey necessary to create the computer freehold register.
6: A computer freehold register must be created under this section as soon as is reasonably practicable after the settlement date, but no later than—
a: 24 months after the settlement date; or
b: any later date that may be agreed in writing by the trustees and the Crown.
7: In subsections (2) and (4), authorised person
92: 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 subpart 5 Part 4A sections 24(2A) 24A 24AA
2: Despite subsection (1), the rest of section 24 section 68 70
3: If the reservation of a reserve site under section 68(3) 70(3) section 24
93: Recording application of Part 4A of Conservation Act 1987 and sections of this Part
1: The Registrar-General must record on the computer freehold register for—
a: the Maungaruahine Pā Historic Reserve that—
i: the land is subject to Part 4A section 24
ii: the land is subject to sections 69 92(3)
b: the Ōtara Scenic Reserve that—
i: the land is subject to Part 4A section 24
ii: the land is subject to sections 71 92(3)
c: any other cultural redress property, that the land is subject to Part 4A
2: A record made under subsection (1) that land is subject to Part 4A section 24D(1)
3: If the reservation under section 68(3)
a: all of the site, then the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the site the records that—
i: section 24
ii: the site is subject to sections 69 92(3)
b: part of the site, then the Registrar-General must ensure that the records referred to in paragraph (a) remain on the computer register only for the part of the site that remains a reserve.
4: If the reservation under section 70(3)
a: all of the reserve, then the Director-General must apply in writing to the Registrar-General to remove from the computer freehold register for the reserve the records that—
i: section 24
ii: the site is subject to sections 71 92(3)
b: part of the site, then the Registrar-General must ensure that the records referred to in paragraph (a) remain on the computer register only for the part of the site that remains a reserve.
5: The Registrar-General must comply with an application received in accordance with subsection (3)(a) or (4)(a).
94: Application of other enactments to cultural redress properties
1: Sections 24 25 sections 68(1) 70(1)
2: Section 11 Part 10
a: the vesting of the fee simple estate in a cultural redress property under subpart 5
b: any matter incidental to, or required for the purpose of, the vesting.
3: The vesting of the fee simple estate in a cultural redress property under subpart 5
a: limit section 10 11
b: affect other rights to subsurface minerals.
4: The permission of a council under section 348 Provisions relating to reserve sites
95: Application of Reserves Act 1977 to reserve sites
1: Despite sections 48A(6) 114(5) 115(6)
2: Sections 78(1)(a) 79 to 81 88
3: If the reservation under section 68(3) 70(3) section 24 section 25
96: Reserve site must not be mortgaged
The registered proprietors of a reserve site must not mortgage, or give a security interest in, all or any part of the site that, at any time after vesting in the trustees under section 68 70 Reserves Act 1977
97: Saving of bylaws, etc, in relation to reserve sites
1: This section applies to any bylaw, or any prohibition or restriction on use or access, that an administering body or the Minister made or imposed under the Reserves Act 1977 Conservation Act 1987 section 68 70
2: The bylaw, prohibition, or restriction remains in force until it expires or is revoked under the Reserves Act 1977 Conservation Act 1987 Names of reserves
98: New reserve names
1: If a site vested under section 68 70 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
a: that official geographic name is discontinued; and
b: the Board must ensure that, as soon as is reasonably practicable, the official geographic name is removed from the Gazetteer.
2: However, if a site vested under section 68 70
a: subsection (1)(a) applies only to the part of the site that is vested under the applicable section; and
b: the Board must amend the Gazetteer so that the official geographic name applies only to the part of the reserve that is not vested under the applicable section.
3: If a site is vested under section 68 70
4: In this section,— Board section 7 Crown protected area, Gazetteer, official geographic name section 4
3: Commercial redress
99: Authority to transfer commercial redress and deferred purchase properties to Waitaha
1: To give effect to part 6 of the deed of settlement and part 9 of the property redress schedule, the Crown (acting by and through the chief executive of the land holding agency) is authorised to do one or both of the following:
a: transfer the fee simple estate in a commercial redress property or a deferred purchase property to the trustees:
b: sign a transfer instrument or other document, or do anything else necessary, to effect the transfer.
2: As soon as is reasonably practicable after the date on which the transfer of a deferred purchase property is settled, the chief executive of the land holding agency must provide written notification of that date to the chief executive of LINZ for the purposes of section 15
100: Contingent authority to transfer balance of Te Houhou
1: Subsection (3) applies to the whole or any part of the balance of Te Houhou (the land
2: The land is available to be transferred to Waitaha on and from the date on which the Crown notifies the trustees in accordance with paragraph 7.5 of the property redress schedule that the land is available.
3: The Crown (acting by and through the chief executive of the land holding agency) is authorised to do one or both of the following:
a: transfer the fee simple estate in the land to the trustees:
b: sign a transfer instrument or other document, or do any other thing, to effect the transfer.
4: As soon as is reasonably practicable after the date on which the transfer of the land to the trustees is settled, the chief executive of the land holding agency must provide written notification of that date to the chief executive of LINZ for the purposes of section 15
101: Contingent authority to transfer Te Puke properties
1: Subsection (3) applies to a Te Puke property that is available to be transferred to Waitaha.
2: The land is available to be transferred to Waitaha on and from the date on which the Crown notifies the trustees in accordance with paragraph 7.3 of the property redress schedule that the land is available.
3: The Crown (acting by and through the chief executive of the land holding agency) is authorised to do one or both of the following:
a: transfer the fee simple estate in the Te Puke property to the trustees:
b: sign a transfer instrument or other document, or do any other thing, to effect the transfer.
4: As soon as is reasonably practicable after the date on which the transfer of the Te Puke property to the trustees is settled, the chief executive of the land holding agency must provide written notification of that date to the chief executive of LINZ for the purposes of section 15
102: Registrar-General to create computer freehold register
1: This section applies to each of the following properties that is transferred to the trustees to the extent that it is not all of the land contained in a computer freehold register, or there is no computer freehold register for all or part of the property:
a: a commercial redress property:
b: a deferred purchase property:
c: the whole or part of the balance of Te Houhou:
d: a Te Puke property.
2: The Registrar-General must, in accordance with a written application by an authorised person, and after completion of any necessary survey, create 1 computer freehold register in the name of the Crown—
a: subject to, and together with, any encumbrances that are registered, notified, or notifiable and that are described in the written application; but
b: without any statement of purpose.
3: In this section and section 103 authorised person
103: Authorised person may grant covenant for later creation of computer freehold register
1: For the purposes of section 102
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).
104: Application of other enactments
1: Section 11 Part 10
a: the transfer of a property to the trustees under this Part; or
b: a matter incidental to, or required for the purpose of, the transfer.
2: The transfer of a property under this Part does not—
a: limit section 10 11
b: affect other rights to subsurface minerals.
3: The transfer of a property is a disposition for the purposes of Part 4A sections 24(2A) 24A 24AA
4: In exercising its powers under sections 99 100
5: Subsection (4) is subject to subsections (2) and (3).
6: The permission of a council under section 348 |
DLM5617503 | 2013 | Protection of Personal and Property Rights Amendment Act 2013 | 1: Title
This Act is the Protection of Personal and Property Rights Amendment Act 2013.
2: Commencement
This Act comes into force on 1 October 2014 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 31 March 2014 Protection of Personal and Property Rights Amendment Act 2013 Commencement Order 2014
3: Principal Act
This Act Protection of Personal and Property Rights Act 1988 principal Act OIC LI 2014/97 2014-03-31 Protection of Personal and Property Rights Act 1988 Brought into force on 31 March 2014 by LI 2014/97
4: Section 65 amended (Appointment of barrister or solicitor by court or Registrar)
1: Replace the heading to section 65 Appointment of lawyer to represent person in respect of whom application made
2: In section 65 barrister or solicitor lawyer
3: Repeal section 65(3)
4: In section 65(5) barristers or solicitors lawyers
5: Replace section 65(6)
6: An invoice rendered by a lawyer appointed under this section for fees and expenses must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice.
6: In section 65(7) bill invoice
5: New sections 65A and 65B inserted
After section 65
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.
65B: Payment of lawyer appointed under section 65A
1: The fees and expenses of any lawyer appointed under section 65A must—
a: be determined in accordance with regulations made under section 16D of the Family Courts Act 1980 or, if no such regulations are made, by the Registrar of the court; and
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
2: An invoice rendered by a lawyer appointed under section 65A for fees and expenses must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice.
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 have been paid under subsection (1)(b), the court may, if it thinks it appropriate, order a party to the proceedings to refund to the Crown an amount that the court specifies in respect of those fees and expenses, and the amount ordered to be refunded is a debt due to the Crown by that party and, in default of payment of that amount, payment may be enforced, by order of a District Court or the High Court, as the case may require, in the same manner as a judgment of that court.
6: Section 76 amended (Court may call for report on person)
1: In section 76 barrister or solicitor lawyer
2: In section 76(3)(b) section 65(3) section 65A
3: In section 76(6) section 65(3) section 65A
7: Section 78 amended (Power of court to call witnesses)
In section 78(3) , or by any barrister or solicitor assisting the court,
8: Section 79 amended (Attendance at hearings)
Replace section 79(1)(f)
f: a lawyer appointed under section 65A .
9: Section 88 amended (Procedure on review)
In section 88 65 65A
10: Section 112 amended (Regulations)
In section 112(a) barristers and solicitors lawyers |
DLM4607200 | 2013 | Accident Compensation Amendment Act (No 2) 2013 | 1: Title
This Act is the Accident Compensation Amendment Act (No 2) 2013.
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 2013-12-05 Accident Compensation Act 2001
4: Section 34 amended (Cover for personal injury caused by medical misadventure before 1 July 2005)
After section 34(4)
5: To avoid doubt, a claim for cover for personal injury caused by medical misadventure before 1 July 2005 that is lodged for the first time on or after 1 July 2005 must be determined under the relevant provisions in force on or after 1 July 2005 (that is, it is to be determined as if it were a treatment injury).
5: Section 216 amended (Levy categories)
In section 216(2)(c) licences under section 34(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 plates under section 262(3) of the Land Transport Act 1998
6: Section 325 amended (Regulations relating to ancillary services for rehabilitation)
After section 325(1)
1A: Regulations made under subsection (1) may also prescribe the costs and payments that the Corporation is liable to pay or contribute to in relation to the transport, by ambulance, of the body of a person who has died at the scene of an accident (in which case subsection (1) applies with all necessary modifications).
7: Section 360 amended (Claim for cover under former Acts not lodged until on or after 1 April 2002)
After section 360(2)
3: This section is subject to section 34. |
DLM5615636 | 2013 | Domestic Violence Amendment Act 2013 | 1: Title
This Act is the Domestic Violence Amendment Act 2013.
2: Commencement
1: The following provisions come into force on the day after the date on which this Act receives the Royal assent:
a: section 5
b: section 11(1)
c: section 13 Part 2A new sections 51A and 51B section 51B
d: section 17(1)
2: 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.
3: Any provision that has not earlier been brought into force comes into force on 1 October 2014 Section 2(2) brought into force 31 March 2014 Domestic Violence Amendment Act 2013 Commencement Order 2014
3: Principal Act
This Act Domestic Violence Act 1995 principal Act 2013-09-25 Domestic Violence Act 1995 see section 2(1) OIC SR 2014/91 2014-03-31 Domestic Violence Act 1995 re section 2(2): Sections 3, 4(1), 8, 16 and 17(2) come into force on 31 March 2014. 2014-10-01 Domestic Violence Act 1995 sections 4(2), 6, 7, 9, 10, 11(2), rest of 13, 14, 15, 17(3), 18, 19 still to come into force
4: Section 2 amended (Interpretation)
1: In section 2 contact
2: In section 2 approved agency programme programme provider
5: Section 3 amended (Meaning of domestic violence)
After section 3(2)(c)(iv)
iva: financial or economic abuse (for example, denying or limiting access to financial resources, or preventing or restricting employment opportunities or access to education):
6: Section 5 amended (Object)
1: In section 5(2)(c) programmes safety programmes
2: In section 5(2)(d) programmes non-violence programmes
7: Section 13 amended (Application without notice for protection order)
1: Replace section 13(4)(e)
e: where a direction is made under section 51D section 51E
2: Replace section 13(5)(e)
e: where a direction is made under section 51D section 51E
8: Section 19 amended (Standard conditions of protection order)
1: In section 19(2)(e)(iv) 1989 ; or
2: After section 19(2)(e)(iv)
v: as is necessary for the purposes of attending a settlement conference convened under section 46Q
9: Sections 29 to 44 and cross-heading above section 29 repealed
Repeal sections 29 to 44
10: Section 46 amended (Power to vary protection order)
1: In section 46(1)(c) and (d) section 32 section 51D
2: In section 46(2)(c) and (d) section 32 section 51D
11: Section 49 amended (Offence to breach protection order)
1: In section 49(3) 2 years 3 years
2: In section 49(4) section 32(1) or (2) to attend a specified programme section 51D
12: Section 49A repealed (Offence to fail to comply with direction)
Repeal section 49A
13: New Part 2A inserted
After Part 2
2A: Programmes
51A: Interpretation
In this Part, unless the context otherwise requires,— approval section 51B assessment
a: the extent to which the respondent poses a safety risk to any person or the public; and
b: what, if any, non-violence programme is the most appropriate for the respondent to attend non-violence programme
a: is provided by a service provider; and
b: is provided to a respondent; and
c: has the primary objective of stopping or preventing domestic violence on the part of the respondent programmes
a: safety programmes; and
b: non-violence programmes respondent safety programme
a: is provided by a service provider; and
b: is provided to a protected person; and
c: has the primary objective of promoting (whether by education, information, support, or otherwise) the protection of the protected person from domestic violence service provider
a: undertake assessments:
b: provide programmes. Approval of service providers
51B: Service providers
1: The Secretary may decide to grant, suspend, or cancel an approval of a person or an organisation as a service provider.
2: A person or an organisation seeking an approval under subsection (1) section 127(a)(i)
3: In deciding whether to grant, suspend, or cancel an approval under subsection (1) section 127(a)(ii)
4: The Secretary must publish on an Internet site maintained by or on behalf of the Ministry of Justice a list of service providers. Safety programmes
51C: Safety programmes for protected persons
1: Where the court makes a protection order,—
a: the applicant, or the applicant's representative, may request the Registrar to authorise the provision of a safety programme to all or any of the following persons:
i: the applicant:
ii: a child of the applicant's family:
iii: a specified person; and
b: a specified person (other than a child) may request the Registrar to authorise the provision of a safety programme to that specified person if no request has been made under paragraph (a)(iii)
2: Where, at the time the protection order is made, the applicant has not made a request pursuant to this section, and the applicant is not legally represented, the Judge or the Registrar must cause the applicant to be informed of the applicant's right to make such a request.
3: A request may be made under subsection (1)
4: Where a request is made to a Registrar under subsection (1)
5: The number of safety programme sessions to be provided to a protected person by a service provider to whom a referral has been made under subsection (4)
6: Every lawyer acting for an applicant for a protection order must—
a: ensure that the applicant is aware of the applicant's right to make a request under this section; and
b: where the applicant wishes to exercise that right, take such further steps as the lawyer considers necessary to enable the applicant to do so. Non-violence programmes
51D: Direction to attend assessment and non-violence programme
1: On making a protection order, the court must direct the respondent to—
a: undertake an assessment; and
b: attend a non-violence programme.
2: The court need not make a direction under subsection (1)
a: there is no service provider available; or
b: the court considers that there is any other good reason for not making a direction.
51E: Direction to attend non-violence programme made on application without notice
1: This section applies where the court makes a direction under section 51D
2: Where this section applies,—
a: the direction does not take effect until 10 working days after a copy of the direction is served on the respondent; and
b: the respondent may, within those 10 working days, notify the court that he or she objects to the direction.
3: Where the respondent notifies the court, in accordance with subsection (2)(b)
a: the Registrar must, if the respondent wishes to be heard, assign a hearing date, which must be—
i: as soon as practicable; and
ii: unless there are special circumstances, in no case later than 42 days after receipt of the notice of objection; and
b: the direction is suspended from the date on which the court receives the notice of objection until the court, after considering the respondent's objection, confirms (whether with or without variation) or discharges the direction.
4: Nothing in this section or section 51F
51F: Court may confirm or discharge direction after considering objection made under section 51E
1: After considering an objection, made under section 51E
a: confirm the direction; or
b: vary the direction; or
c: discharge the direction.
2: Where, pursuant to subsection (1)
3: Failure to give the warning required by subsection (2)
51G: Referral of respondent to service provider
1: After the court has made a direction under section 51D
a: arrange for the respondent to be referred to a service provider; and
b: notify the service provider of the direction made under section 51D
2: This section is subject to section 51E
51H: Service provider to meet with respondent
As soon as possible after receiving a notification under section 51G
a: undertake an assessment of the respondent; and
b: determine whether there is an appropriate non-violence programme for the respondent to attend.
51I: Service provider to notify Registrar about safety concerns
1: This section applies if a service provider has concerns about the safety of a protected person—
a: after undertaking an assessment of the respondent; or
b: during the provision of a non-violence programme to a respondent.
2: The service provider must, without delay, notify the Registrar of those concerns.
3: On receiving a notification under subsection (2)
a: forward a copy of the notification to a Judge; and
b: arrange for the protected person to be advised of the service provider's concerns.
4: On receiving a copy of a notification under subsection (3)(a)
51J: Referral to different service provider
1: This section applies if a service provider, after undertaking an assessment of the respondent,—
a: determines that there is an appropriate non-violence programme for the respondent to attend; but
b: is not able to provide that programme to the respondent.
2: The service provider must—
a: notify the Registrar; and
b: send to the Registrar the following information:
i: the result of the assessment of the respondent undertaken by the service provider; and
ii: any other information relating to the respondent that is held by the service provider.
3: After receiving a notification under subsection (2)(a) subsection (2)(b) section 51G
51K: Judge may discharge direction to attend non-violence programme in certain cases
1: This section applies if a service provider, after undertaking an assessment of a respondent, determines that—
a: there is an appropriate non-violence programme for the respondent to attend but that—
i: the respondent's attendance at the programme should be delayed to enable other matters to first be addressed; or
ii: it would not be appropriate for the respondent to attend the programme; or
b: there is not an appropriate non-violence programme for the respondent to attend.
2: The service provider must notify the Registrar, and the Registrar must bring the matter to the attention of a Judge.
3: When a matter is brought to the attention of a Judge under subsection (2)
a: discharge the direction made under section 51D(1)(b)
b: make such other orders or directions as the Judge thinks fit in the circumstances.
51L: Service provider and respondent to settle terms of attendance at non-violence programme
1: Before providing a non-violence programme to a respondent, the service provider must settle in writing with the respondent the terms of attendance, which must include—
a: the number of programme sessions that the respondent must attend; and
b: the place, date, and time of the first programme session, and all subsequent sessions, that the respondent must attend.
2: The service provider must provide to the Registrar a copy of the terms of attendance that the service provider has settled with the respondent.
3: If a service provider is not able to settle with a respondent the terms of attendance, the service provider must notify the Registrar.
4: On receipt of a notice under subsection (3)
a: settle the terms of attendance with the respondent and the service provider; or
b: bring the matter to the attention of a Judge.
5: When a matter is brought to the attention of a Judge under subsection (4)(b)
51M: Notice to be given to court if continued provision of non-violence programme inappropriate
1: Subsection (2)
a: it is no longer appropriate or practicable for the service provider to provide the programme to the respondent; or
b: the respondent is not participating fully in the programme, and that this is significantly affecting the respondent's ability to benefit fully from the programme.
2: The service provider must—
a: notify the Registrar; and
b: send to the Registrar all information relating to the respondent that is held by the service provider.
3: After receiving a notification under subsection (2)(a) subsection (2)(b)
a: make a new referral under section 51G
b: bring the matter to the attention of a Judge.
4: When a matter is brought to the attention of a Judge under subsection (3)(b) Non-compliance with direction to attend assessment and non-violence programme
51N: Notice of non-compliance with direction
1: This section applies if the court makes a direction under section 51D
a: undertake an assessment with the service provider to whom notice of the direction has been given under section 51G
b: attend a non-violence programme in accordance with terms of attendance settled under section 51L
2: The service provider must give written notice to the Registrar of the respondent's failure.
3: Notice under subsection (2)
51O: Powers of Registrar on receipt of notice under section 51N
1: On receiving a notice under section 51N
a: exercise the powers under section 82, as if he or she were the court referred to in that section, to call the respondent before the court; or
b: bring the matter to the attention of a Judge so that the Judge may consider whether to exercise the power conferred by section 51P
2: If the Registrar exercises the powers under section 82 in the manner allowed by subsection (1)(a)
51P: Judge may call respondent before court
1: If, under section 51O(1)(b) subsection (2)
2: A Judge may exercise the powers under section 82 to call the respondent before the court.
3: If a Judge exercises the powers under section 82, that section applies, so far as applicable and with all necessary modifications, as if the respondent were a witness in proceedings.
51Q: Respondent called before court
1: If a respondent appears before the court under section 51O(1)(a) or 51P(2)
2: If the court confirms or varies a direction under subsection (1)
3: Failure to give the warning required by subsection (2) Completion of non-violence programme
51R: Notice of completion and outcome of non-violence programme
1: When a respondent has completed a non-violence programme, the service provider must, without delay, provide to the Registrar a report that—
a: states whether, in the opinion of the service provider, the respondent has achieved the objectives of the non-violence programme; and
b: advises of any concerns that the service provider has about the safety of any protected person.
2: On receiving a report under subsection (1)
a: forward a copy of that report to a Judge; and
b: arrange for the protected person to be notified—
i: that the respondent has completed a non-violence programme; and
ii: that a report has been provided by the service provider of that non-violence programme under subsection (1)
iii: of any concerns that the service provider has about the safety of the protected person advised in that report.
3: On receiving a copy of a report under subsection (2)(a) Confidentiality of information
51S: Confidentiality of information disclosed to service provider
1: In this section, unless the context otherwise requires, information
2: Information received by a service provider in the course of providing a programme may not—
a: be disclosed to any other person; or
b: be admitted as evidence in any court or before any person acting judicially.
3: However, nothing in subsection (2)
a: for the purpose of giving a notification to a Registrar under—
i: section 51I(2)
ii: section 51J(2)
iii: section 51K(2)
iv: section 51L(3)
v: section 51M(2)
b: for the purpose of a Registrar making a referral under—
i: section 51J(3)
ii: section 51M(3)(a)
c: for the purpose of any proceedings under—
i: section 51O
ii: section 51P
d: for the purposes of investigating or prosecuting—
i: an offence against section 51T
ii: an offence committed or alleged to have been committed during the provision of a programme:
e: in circumstances in which the service provider believes, on reasonable grounds, that the disclosure is necessary to prevent or lessen a serious threat to public safety or the safety of any person:
f: with the authority of the person who disclosed the information to the service provider. Enforcement of directions
51T: Offence to fail to comply with direction
A respondent who fails, without reasonable excuse, to comply with a direction made under section 51D
a: a fine not exceeding $5,000; or
b: a term of imprisonment not exceeding 6 months.
14: Section 76 amended (Respondent to notify intention to appear)
In section 76(2)(b) 36 51E
15: Section 77 amended (Procedure where respondent does not require hearing)
In section 77(1) 36 51E
16: Section 81 amended (Court may appoint lawyer)
1: In section 81(2) this section subsection (1)(c)
2: After section 81(2)
2A: The fees and expenses of a lawyer appointed under subsection (1)(a) or (b) must—
a: be determined in accordance with regulations made under section 16D
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
3: Replace section 81(3)
3: The fees and expenses of a lawyer appointed under subsection (1)(c) must—
a: be determined in accordance with regulations made under this Act or, if no such regulations are made, by the Registrar of the court; and
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
4: Replace section 81(4)
4: An invoice rendered by a lawyer appointed under this section for fees and expenses must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice.
5: In section 81(5) bill invoice
17: Section 127 amended (Regulations)
1: Replace section 127(a) to (e)
a: prescribing for the purposes of section 51B
i: the process to be followed by a person or an organisation seeking an approval; and
ii: the criteria that the Secretary must apply when deciding whether to grant, suspend, or cancel an approval:
b: prescribing the amount of fees and expenses, or a method for calculating the amount of fees and expenses, payable for the provision of assessments and programmes under Part 2A
2: In section 127(f) section 81 section 81(1)(c)
3: In section 127(g) section 42 section 51O or 51P
18: Cross-heading above section 133 replaced
Replace the cross-heading above section 133 Transitional provisions on enactment of this Act
19: New sections 134 to 138 and cross-heading inserted
After section 133 Transitional provisions applying on enactment of Domestic Violence Amendment Act 2013
134: Programmes requested or directed before commencement of this section
1: Subsection (2)
a: an applicant or a specified person made a request under section 29; but
b: the Registrar had not referred the request to a programme provider.
2: The Registrar must refer the request to a service provider under section 51C
3: Subsections (4) and (5) apply if, before the date of commencement of this section,—
a: a direction under section 32 was made in any proceeding; but
b: the Registrar had not, under section 34, notified the programme provider of that direction.
4: The direction under section 32 must be treated as a direction made under section 51D to—
a: undertake an assessment; and
b: attend a non-violence programme.
5: The Registrar must, under section 51G,—
a: make a referral to a service provider; and
b: notify the service provider of the referral.
135: Referrals to programme providers before commencement of this section
1: Subsections (2) and (3)
a: a request made to a Registrar under section 29 was referred to a programme provider; but
b: the programme provider had not arranged or commenced the provision of a programme in response to that request.
2: The programme provider must—
a: advise the Registrar of the position; and
b: take no further step in respect of the referral.
3: The Registrar must arrange for the matter to be referred to a service provider under section 51C
4: Subsections (5) to (7) apply if, before the date of commencement of this section,—
a: a notification under section 34 was given to a programme provider of a direction made under section 32 in any proceedings; but
b: the programme provider had not arranged or commenced the provision of a programme in response to that notification.
5: The programme provider must—
a: advise the Registrar of the position; and
b: take no further step in respect of the notification.
6: The direction under section 32 must be treated as a direction made under section 51D to—
a: undertake an assessment; and
b: attend a non-violence programme.
7: The Registrar must, under section 51G
a: make a referral to a service provider; and
b: notify the service provider of the referral.
136: Programmes arranged or in progress before commencement of this section
1: This section applies if—
a: there was arranged or was in progress immediately before the date of commencement of this section—
i: the provision of a programme to a protected person that has been requested under section 29:
ii: the provision of a programme to a respondent or an associated respondent that the respondent or associated respondent has been directed under section 32 to attend; and
b: that programme has not been concluded by that date.
2: The provisions of this Act, as in force immediately before the date of commencement of this section, continue to apply in respect of the provision of that programme as if the Domestic Violence Amendment Act 2013
137: Proceedings commenced before commencement of this section but not completed
1: This section applies if, at any time before the date of commencement of this section, proceedings have been commenced under any of the following provisions but were not by that date completed (a pending proceeding
a: section 42:
b: section 46:
c: section 49A.
2: The provisions of this Act, as in force immediately before the date of commencement of this section, continue to apply to a pending proceeding as if the Domestic Violence Amendment Act 2013
138: Approval panel disestablished
1: The approval panel established by regulation 46 of the Domestic Violence (Programmes) Regulations 1996 is disestablished.
2: No member of the panel is entitled to compensation for loss of office resulting from the disestablishment of the panel.
3: An approval given by the panel under Part 3 of the Domestic Violence (Programmes) Regulations 1996 before the date of commencement of this section is of no effect on or after that date. |
DLM5617403 | 2013 | Property (Relationships) Amendment Act (No 2) 2013 | 1: Title
This Act is the Property (Relationships) Amendment Act (No 2) 2013.
2: Commencement
This Act comes into force on 1 October 2014 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 31 March 2014 Property (Relationships) Amendment Act (No 2) 2013 Commencement Order 2014
3: Principal Act
This Act Property (Relationships) Act 1976 principal Act OIC LI 2014/96 2014-03-31 Property (Relationships) Act 1976 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council.
4: Section 22 amended (Jurisdiction)
Repeal section 22(3) to (5)
5: Section 37A amended (Court may appoint lawyer for children)
Replace section 37A(2)(a)
a: must be determined in accordance with regulations made under section 16D .
6: New section 38A and cross-heading inserted
After section 38 Transfer of proceedings
38A: Transfer of proceedings to High Court
1: A Family Court Judge may order the transfer of proceedings to the High Court if the Judge is satisfied that the High Court is the more appropriate venue for dealing with the proceedings.
2: In considering whether to make an order under subsection (1), the Judge must have regard to—
a: the complexity of the proceedings or of any question in issue in the proceedings:
b: any proceedings before the High Court that are between the same parties and that involve related issues:
c: any other matter that the Judge considers relevant in the circumstances.
3: An order may be made under subsection (1) on—
a: the application of a party to the proceedings; or
b: the court's initiative.
4: Any proceedings transferred to the High Court by an order made under subsection (1) continue in that court as if they had been properly commenced there.
7: Section 53 amended (Rules of court and regulations)
Repeal section 53(2A)(a) |
DLM5397900 | 2013 | Subordinate Legislation (Confirmation and Validation) Act 2013 | 1: Title
This Act is the Subordinate Legislation (Confirmation and Validation) Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: General and technical provisions
3: Purpose of this Act
The purpose of this Act is to prevent the lapse (expiry or deemed revocation) of certain subordinate legislation that, by virtue of the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament.
4: Validations to prevent expiry do not cure invalidity, etc
In the light of their purpose, the validations effected by sections 13 15
a: express an intention to give legislative force to the provisions of the enactments validated; or
b: apply to any reason for invalidating any of those enactments; or
c: override any presumption that would otherwise apply to any of those enactments.
5: Act binds the Crown
This Act binds the Crown.
6: Repeal
The Subordinate Legislation (Confirmation and Validation) Act 2012 2013-12-18 Subordinate Legislation (Confirmation and Validation) Act 2012
2: Confirmations and validations
7: Biosecurity Act 1993
The following orders are confirmed:
a: Biosecurity (Psa-V—Kiwifruit Levy) Order 2013
b: Biosecurity (Bovine Tuberculosis—Cattle Levy) Amendment Order 2013
c: Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2013
d: Biosecurity (System Entry Levy) Amendment Order 2013 2013-12-18 Biosecurity (Psa-V—Kiwifruit Levy) Order 2013 Biosecurity (Bovine Tuberculosis—Cattle Levy) Amendment Order 2013 Biosecurity (Bovine Tuberculosis—Otago Land Levy) Amendment Order 2013 Biosecurity (System Entry Levy) Amendment Order 2013
8: Civil Aviation Act 1990
The Civil Aviation (Safety) Levies Amendment Order 2012 2013-12-18 Civil Aviation (Safety) Levies Amendment Order 2012
9: Commodity Levies Act 1990
The following orders are confirmed:
a: Commodity Levies (Paeonies) Order 2012
b: Commodity Levies (Pipfruit) Order 2012
c: Commodity Levies (Foveaux Strait Dredge Oysters) Order 2013
d: Commodity Levies (Paua) Order 2013
e: Commodity Levies (Rock Lobster) Order 2013
f: Commodity Levies (Onions) Order 2013
g: Commodity Levies (Potatoes) Order 2013
h: Commodity Levies (Vegetables and Fruit) Order 2013
i: Commodity Levies (Avocados) Order 2013
j: Commodity Levies (Mussels, Oysters, and Salmon) Order 2013 2013-12-18 Commodity Levies (Paeonies) Order 2012 Commodity Levies (Pipfruit) Order 2012 Commodity Levies (Foveaux Strait Dredge Oysters) Order 2013 Commodity Levies (Paua) Order 2013 Commodity Levies (Rock Lobster) Order 2013 Commodity Levies (Onions) Order 2013 Commodity Levies (Potatoes) Order 2013 Commodity Levies (Vegetables and Fruit) Order 2013 Commodity Levies (Avocados) Order 2013 Commodity Levies (Mussels, Oysters, and Salmon) Order 2013
10: Customs and Excise Act 1996
The following orders are confirmed:
a: Customs Import Prohibition (Trout) Amendment Order 2012
b: Excise and Excise-equivalent Duties Table (Tobacco Products Indexation and Separate 10% Increase) Amendment Order 2012
c: Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2013. 2013-12-18 Customs Import Prohibition (Trout) Amendment Order 2012
11: Gambling Act 2003
The Gambling (Problem Gambling Levy) Regulations 2013 2013-12-18 Gambling (Problem Gambling Levy) Regulations 2013
12: Land Transport Act 1998
The Land Transport (Motor Vehicle Registration and Licensing) Amendment Regulations 2012 2013-12-18 Land Transport (Motor Vehicle Registration and Licensing) Amendment Regulations 2012
13: New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 1964
The following orders are validated and confirmed:
a: Social Security (Rate of Young Parent Payment) Order 2012
b: Social Security (Rates of Benefits and Allowances) Order 2013 2013-12-18 Social Security (Rate of Young Parent Payment) Order 2012 Social Security (Rates of Benefits and Allowances) Order 2013
14: Road User Charges Act 2012
The Road User Charges (Rates) Regulations 2013 2013-12-18 Road User Charges (Rates) Regulations 2013
15: War Pensions Act 1954
The War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2013 2013-12-18 War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2013 |
DLM5177701 | 2013 | Government Communications Security Bureau Amendment Act 2013 | 1: Title
This Act is the Government Communications Security Bureau Amendment Act 2013.
2: Commencement
This Act comes into force on the day that is 1 month after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Government Communications Security Bureau Act 2003 principal Act 2013-09-26 Government Communications Security Bureau Act 2003
4: Section 3 amended (Purpose)
Replace section 3(c) to (e)
c: specify the circumstances in which the Bureau requires an interception warrant or access authorisation to intercept communications:
d: specify the conditions that are necessary for the issue of an interception warrant or access authorisation and the matters that may be authorised by a warrant or an authorisation:
e: specify the circumstances in which the Bureau may use interception devices to intercept communications without a warrant or an authorisation.
5: Section 4 amended (Interpretation)
1: This section amends section 4
2: Repeal the definitions of computer access authorisation authorisation computer system foreign communications foreign intelligence network
3: Insert in their appropriate alphabetical order: access authorisation section 15A(1)(b) incidentally obtained intelligence
a: that is obtained in the course of gathering intelligence about the capabilities, intentions, or activities of foreign organisations or foreign persons; but
b: that is not intelligence of the kind referred to in paragraph (a) information infrastructure .
4: In the definition of access computer system information infrastructure
5: In the definition of communication sounds, information,
6: In the definition of foreign organisation exclusively principally
7: In the definition of interception warrant section 17 section 15A(1)(a)
6: New section 5A inserted (Transitional provisions relating to amendments to Act)
After section 5
5A: Transitional provisions relating to amendments to Act
The Schedule
7: Sections 7 and 8 replaced
Replace sections 7 8
7: Objective of Bureau
The objective of the Bureau, in performing its functions, is to contribute to—
a: the national security of New Zealand; and
b: the international relations and well-being of New Zealand; and
c: the economic well-being of New Zealand.
8: Functions of Bureau
1: Sections 8A to 8C
2: The order in which the functions are set out is not to be taken as specifying any order of importance or priority.
3: The performance of the Bureau's functions and the relative importance and priority of the functions, if any, are to be determined, from time to time, by the Director, subject to the control of the Minister.
4: Without limiting subsection (3) section 8A section 8C
5: In addition to the functions set out in sections 8A to 8C
8A: Information assurance and cybersecurity
This function of the Bureau is—
a: to co-operate with, and provide advice and assistance to, any public authority whether in New Zealand or overseas, or to any other entity authorised by the Minister, on any matters relating to the protection, security, and integrity of—
i: communications, including those that are processed, stored, or communicated in or through information infrastructures; and
ii: information infrastructures of importance to the Government of New Zealand; and
b: without limiting paragraph (a) paragraph (a)
c: to report on anything done under paragraphs (a) and (b)
i: the Minister; and
ii: any person or office holder (whether in New Zealand or overseas) authorised by the Minister to receive the report or intelligence.
8B: Intelligence gathering and analysis
1: This function of the Bureau is—
a: to gather and analyse intelligence (including from information infrastructures) in accordance with the Government's requirements about the capabilities, intentions, and activities of foreign persons and foreign organisations; and
b: to gather and analyse intelligence about information infrastructures; and
c: to provide any intelligence gathered and any analysis of the intelligence to—
i: the Minister; and
ii: any person or office holder (whether in New Zealand or overseas) authorised by the Minister to receive the intelligence.
2: For the purpose of performing its function under subsection (1)(a) and (b)
8C: Co-operation with other entities to facilitate their functions
1: This function of the Bureau is to co-operate with, and provide advice and assistance to, the following for the purpose of facilitating the performance of their functions:
a: the New Zealand Police; and
b: the New Zealand Defence Force; and
c: the New Zealand Security Intelligence Service.
2: To avoid doubt, the Bureau may perform its function under subsection (1)
a: only to the extent that the advice and assistance are provided for the purpose of activities that the entities may lawfully undertake; and
b: subject to and in accordance with any limitations, restrictions, and protections under which those entities perform their functions and exercise their powers; and
c: even though the advice and assistance might involve the exercise of powers by, or the sharing of the capabilities of, the Bureau that the Bureau is not, or could not be, authorised to exercise or share in the performance of its other functions.
3: Any advice or assistance provided by the Bureau under subsection (1)
a: the jurisdiction of any other body or authority to the same extent as the other entity's actions are subject to the other body's or authority's jurisdiction (for example, the Independent Police Conduct Authority in relation to advice and assistance provided to the New Zealand Police); and
b: the oversight of the Inspector-General of Intelligence and Security under his or her functions in section 11 of the Inspector-General of Intelligence and Security Act 1996.
8D: Principles underpinning performance of Bureau's functions
1: In performing its functions under this Act, the Bureau acts—
a: in accordance with New Zealand law and all human rights standards recognised by New Zealand law, except to the extent that they are, in relation to national security, modified by an enactment:
b: in the discharge of its operational functions, independently and impartially:
c: with integrity and professionalism:
d: in a manner that facilitates effective democratic oversight.
2: Subsection (1)
3: The Director must take all reasonable steps to ensure that—
a: the activities of the Bureau are limited to those that are relevant to the discharge of its functions:
b: the Bureau is kept free from any influence or consideration that is not relevant to its functions:
c: the Bureau does not take any action for the purpose of furthering or harming the interests of any political party in New Zealand.
4: The Director must consult regularly with the Leader of the Opposition for the purpose of keeping him or her informed about matters relating to the Bureau's functions under sections 8A to 8C
8E: Director has full powers for purpose of performing Bureau's functions
1: The Director has all the powers that are necessary or desirable for the purpose of performing the functions of the Bureau.
2: Subsection (1)
8: Section 9 replaced (Director of Bureau)
Replace section 9
9: Appointment of Director
1: The Director of the Bureau is appointed by the Governor-General, on the recommendation of the Prime Minister, for a term not exceeding 5 years, and may from time to time be reappointed.
2: To avoid doubt, the mere fact that a person holds the position of Director does not entitle the person to be reappointed or to expect to be reappointed.
9A: Appointment process
The State Services Commissioner—
a: is responsible for managing the process for the appointment of the Director; and
b: must provide advice on the nominations for Director to the Prime Minister.
9B: Remuneration and conditions of appointment of Director
1: The Director is paid the remuneration and allowances determined by the Remuneration Authority.
2: The other terms and conditions of the Director's appointment are determined from time to time by the State Services Commissioner.
9C: Removal from office
1: The Governor-General may at any time for just cause, on the recommendation of the Prime Minister, remove the Director from office.
2: The removal must be made by written notice to the Director.
3: The notice must—
a: state the date on which the removal takes effect, which must not be earlier than the date on which the notice is received; and
b: state the reasons for the removal.
4: The State Services Commissioner is responsible for advising the Prime Minister on any proposal to remove the Director from office.
5: In this section, just cause
9D: Review of performance of Director
1: The Minister may direct the State Services Commissioner or another person to review, either generally or in respect of any particular matter, the performance of the Director.
2: The person conducting a review under subsection (1)
3: No review under this section may consider any security operations undertaken, or proposed to be undertaken.
9: Section 11 amended (Prohibition on unauthorised disclosure of information)
In section 11(2)
a: replace 2 years 3 years
b: replace $2,000 $5,000
10: Section 12 amended (Annual report)
1: In section 12(2) without delay as soon as practicable
2: After section 12(3)(b)
ba: if any interception warrants have been issued during the year to which the report relates, the number of warrants issued; and .
3: In section 12(3)(c) computer
4: After section 12(3)(c)
ca: if any access authorisations have been issued during the year to which the report relates, the number of authorisations issued; and
cb: a statement as to whether the Bureau has, under its function specified in section 8C(1) .
11: Part 3 heading replaced
Replace the Part 3
3: Intercepting communications and accessing information infrastructures
.
12: Section 13 replaced (Purpose of Part)
Replace section 13
13: Purpose of Part
The purpose of this Part is—
a: to authorise the Bureau to intercept communications and access information infrastructures for the purpose of performing its functions under sections 8A and 8B
b: to place restrictions and limitations on—
i: the interception of communications and the accessing of information infrastructures; and
ii: the retention and use of information derived from the interception of communications and the accessing of information infrastructures.
13: Section 14 replaced (Interceptions not to target domestic communications)
Replace section 14
14: Interceptions not to target New Zealand citizens or permanent residents for intelligence-gathering purposes
1: In performing the Bureau's function in section 8B
2: Any incidentally obtained intelligence obtained by the Bureau in the performance of its function in section 8B
a: is not obtained in breach of section 8B
b: must not be retained or disclosed except in accordance with sections 23 and 25
14: Section 15 amended (Interceptions for which warrant or authorisation required)
1: In section 15(1)(a) a network an information infrastructure
2: In section 15(2)
a: replace a computer access authorisation an access authorisation
b: replace a computer system an information infrastructure
15: New sections 15A to 15F and cross-heading inserted
After section 15 Authorisations to intercept communications or access information infrastructures
15A: Authorisation to intercept communications or access information infrastructures
1: For the purpose of performing the Bureau's functions under section 8A or 8B
a: an interception warrant authorising the use of interception devices to intercept communications not otherwise lawfully obtainable by the Bureau of the following kinds:
i: communications made or received by 1 or more persons or classes of persons specified in the authorisation or made or received in 1 or more places or classes of places specified in the authorisation:
ii: communications that are sent from, or are being sent to, an overseas country:
b: an access authorisation authorising the accessing of 1 or more specified information infrastructures or classes of information infrastructures that the Bureau cannot otherwise lawfully access.
2: The Minister may grant the proposed interception warrant or access authorisation if satisfied that—
a: the proposed interception or access is for the purpose of performing a function of the Bureau under section 8A or 8B
b: the outcome sought to be achieved under the proposed interception or access justifies the particular interception or access; and
c: the outcome is not likely to be achieved by other means; and
d: there are satisfactory arrangements in place to ensure that nothing will be done in reliance on the warrant or authorisation beyond what is necessary for the proper performance of a function of the Bureau; and
e: there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in reliance on the warrant or authorisation will be reasonable, having regard to the purposes for which they are carried out.
3: Before issuing a warrant or an authorisation, the Minister must consult the Minister of Foreign Affairs about the proposed warrant or authorisation.
4: The Minister may issue a warrant or an authorisation subject to any conditions that the Minister considers desirable in the public interest.
5: This section applies despite anything in any other Act.
15B: Involvement of Commissioner of Security Warrants
1: An application for, and issue of, an interception warrant or access authorisation under section 15A
a: section 8A
b: section 8B section 14
2: For the purposes of subsection (1) section 15A
a: as if references to the Minister were references to the Minister and the Commissioner of Security Warrants; and
b: with any other necessary modifications.
3: In this section, Commissioner of Security Warrants
15C: Privileged communications
1: No interception warrant or access authorisation is to be issued under section 15A section 15A
2: In subsection (1) privileged communications
15D: Information that interception warrant or access authorisation must contain
1: Every interception warrant and access authorisation must specify the following information:
a: the date of issue:
b: the person, persons, or classes of persons authorised to make the interception or obtain the access:
c: the period for which the warrant or authorisation is issued, being a period not exceeding 12 months:
d: the function or functions of the Bureau to which the warrant or authorisation relates:
e: the purpose of the warrant or authorisation:
f: any conditions under which interception may be made or access may be obtained.
2: Every interception warrant must also specify the following information:
a: if the purpose of the warrant is to authorise the interception of the communications of 1 or more persons, the person, persons, or classes of persons whose communications may be intercepted:
b: if the purpose of the warrant is to intercept communications at 1 or more places, the place, places, or classes of places that the warrant applies to.
3: Every access authorisation must also specify the information infrastructure, information infrastructures, or classes of information infrastructures that the authorisation applies to.
15E: Warrant or authorisation may authorise persons to assist person giving effect to warrant or authorisation
1: A warrant or an authorisation may request 1 or more persons or classes of persons to give any assistance that is reasonably necessary to give effect to the warrant or authorisation.
2: If a request is made, under subsection (1) employees
3: On an application made in writing by the Director, the Minister may amend a warrant or authorisation (as appropriate)—
a: by substituting a person, persons, or classes of persons for the person, persons, or classes of persons specified in the warrant under section 15D(2)(a)
b: by substituting another person, other persons, or other classes of persons for a person, persons, or classes of persons requested under subsection (1)
c: by adding any person, persons, or classes of persons to the persons requested under subsection (1)
15F: Expiry of warrant or authorisation not to prevent further application
The expiry of an interception warrant or of an authorisation does not prevent a further application for an interception warrant or an authorisation in respect of the same subject matter.
16: Section 16 amended (Certain interceptions permitted without interception warrant or computer access authorisation)
1: In the heading to section 16 computer
2: In section 16
1A: This section—
a: applies to the interception of communications for the purpose of the Bureau's functions in sections 8A and 8B
b: does not authorise anything to be done for the purpose of intercepting the private communications of a New Zealand citizen or permanent resident of New Zealand.
3: In section 16(1 foreign
4: Replace section 16(2
2: The Director, or an employee of the Bureau, or a person acting on behalf of the Bureau may, without an interception warrant, or, as the case requires, without an access authorisation, intercept communications by using an interception device or by accessing an information infrastructure, but only if—
a: the interception does not involve any activity specified in section 15(1); and
b: any access to an information infrastructure is limited to access to 1 or more communication links between computers or to remote terminals; and
c: the interception is carried out by the Director or with the authority of the Director for the purpose of performing the Bureau's function in section 8A or 8B
17: Section 17 and cross-heading repealed
Repeal section 17
18: Section 18 repealed (Persons acting under warrant)
Repeal section 18
19: Section 19 and cross-heading replaced
Replace section 19 Register of interception warrants and access authorisations
19: Register of interception warrants and access authorisations
1: The Director must keep a register of interception warrants and access authorisations issued under this Part.
2: The following information must be entered in the register in relation to every interception warrant and access authorisation issued under this Part:
a: the information specified in section 15D
b: whether the warrant or authorisation contains a request to give assistance under section 15E(1)
c: any person, persons, or classes of persons substituted or added under section 15E(3)
3: The Director must make the register available to the Minister or the Inspector-General of Intelligence and Security as and when requested by the Minister or the Inspector-General.
4: As soon as practicable after information specified in section 15D(2)(a) Urgent issue of warrants and authorisations
19A: Urgent issue of warrants and authorisations
1: This section applies if—
a: the Minister is unavailable to issue an interception warrant or access authorisation; and
b: circumstances make it necessary to issue a warrant or an authorisation before the Minister is available to do so.
2: Any of the following may issue a warrant or an authorisation:
a: the Attorney-General:
b: the Minister of Defence:
c: the Minister of Foreign Affairs.
3: A person issuing a warrant or an authorisation under subsection (2)
4: A person issuing a warrant or an authorisation under subsection (2)
20: Section 20 amended (Director’s functions in relation to warrants and authorisations not to be delegated)
In section 20 section 17 or section 19 section 15A
21: Section 21 replaced (Action taken in accordance with warrant or authorisation justified)
Replace section 21
21: Immunity from civil and criminal liability
1: Every person is immune from civil or criminal liability—
a: for any act done in good faith in order to obtain a warrant or an authorisation under this Act:
b: for anything done in good faith under a warrant or an authorisation under this Act or under section 16, if done in a reasonable manner.
2: Every person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner in order to assist a person to do anything authorised by a warrant or an authorisation under this Act or under section 16.
3: In any civil proceeding in which a person asserts that he or she has an immunity under this section, the onus is on the person to prove the facts necessary to establish the basis of the claim.
4: Section 86 of the State Sector Act 1988 applies to the Director and any employee of the Bureau subject to this section.
22: Section 22 repealed (Term of warrant or authorisation)
Repeal section 22
23: Section 23 amended (Destruction of irrelevant records obtained by interception)
1: In section 23(1) computer
2: In section 23(1) except to the extent permitted by section 25
3: In section 23(1)(a) section 7(1)(a) section 7
4: In section 23(1)(b) section 8 section 8A or 8B
24: Section 24 amended (Duty to minimise impact of interception on third parties)
In section 24 a computer an
25: Section 25 replaced (Prevention or detection of serious crime)
Replace section 25
25: When incidentally obtained intelligence may be retained and communicated to other persons
1: Despite section 23, the Director may—
a: retain incidentally obtained intelligence that comes into the possession of the Bureau for 1 or more of the purposes specified in subsection (2)
b: communicate that intelligence to the persons specified in subsection (3)
2: The purposes are—
a: preventing or detecting serious crime in New Zealand or any other country:
b: preventing or avoiding the loss of human life on the high seas:
c: preventing or responding to threats to human life in New Zealand or any other country:
d: identifying, preventing, or responding to threats or potential threats to the security or defence of New Zealand or any other country.
3: The persons are—
a: any employee of the New Zealand Police:
b: any member of the New Zealand Defence Force:
c: the Director of Security under the New Zealand Security Intelligence Service Act 1969:
d: any public authority (whether in New Zealand or overseas) that the Director thinks fit to receive the information.
26: New sections 25A and 25B and cross-heading inserted
After section 25 Protection and disclosure of personal information
25A: Formulation of policy on personal information
1: As soon as is reasonably practicable after the commencement of this section, the Director must, in consultation with the Inspector-General of Intelligence and Security and the Privacy Commissioner, formulate a policy that applies to the Bureau (in a manner compatible with the requirements of national security) the principles set out in section 25B
2: The policy must require—
a: all employees and persons acting on behalf of the Bureau to comply with the policy; and
b: the level of compliance with the policy to be regularly audited.
3: The Director must advise the Privacy Commissioner of the results of audits conducted under the policy.
4: The Privacy Commissioner may provide a report to the Inspector-General of Intelligence and Security if the results of the audits disclose issues that need to be addressed.
5: The Director must regularly review the policy at intervals of not more than 3 years and, if he or she considers it appropriate to do so, revise the policy in consultation with the Inspector-General of Intelligence and Security and the Privacy Commissioner.
25B: Principles to protect personal information
The principles referred to in section 25A(1)
a: the Bureau must not collect personal information unless—
i: the information is collected for a lawful purpose connected with a function of the Bureau; and
ii: the collection of the information is reasonably necessary for that purpose, having regard to the nature of intelligence gathering:
b: the Bureau must ensure—
i: that any personal information it holds is protected by such security safeguards as it is reasonable in the circumstances to take against—
A: loss; and
B: access, use, modification, or disclosure, except with the authority of the Bureau; and
C: other misuse; and
ii: that if it is necessary for any personal information that it holds to be given to a person in connection with the provision of a service to the Bureau, everything reasonably within the power of the Bureau is done to prevent unauthorised use or unauthorised disclosure of the information:
c: the Bureau must not use personal information without taking such steps (if any) as are, in the light of the interests and constraints of national security and the nature of intelligence gathering, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date, complete, relevant, and not misleading:
d: the Bureau must not keep personal information longer than is required for the purposes for which the information may be lawfully used.
27: New Part 3A inserted
Before Part 4
3A: Transitional provisions relating to amendments to Act
25C: Transitional provisions relating to amendments to Act
The transitional provisions set out in the Schedule
28: Schedule inserted
Insert the Schedule set out in Schedule 1
29: Consequential amendments
The Acts listed in Schedule 2 2013-09-26 Radiocommunications Act 1989 Search and Surveillance Act 2012 Telecommunications (Interception Capability) Act 2004 |
DLM5627600 | 2013 | State Sector Amendment Act (No 2) 2013 | 1: Title
This Act is the State Sector Amendment Act (No 2) 2013.
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 State Sector Act 1988 principal Act 2013-12-05 State Sector Act 1988
4: Section 41 amended (Delegation of functions or powers)
Replace section 41(4A)
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. |
DLM4035902 | 2013 | Corrections Amendment Act 2013 | 1: Title
This Act is the Corrections Amendment Act 2013.
2: Commencement
1: Section 1 sections 4(2) and (3) 32 34(2) and (3) 39 41 to 46 Part 3
2: The rest of this Act comes into force on the day that is 3 months after the date on which it receives the Royal assent.
1: Amendments to Corrections Act 2004
3: Principal Act amended
This Part Corrections Act 2004 2013-03-05 Corrections Act 2004 Section 1, this section, sections 4(2) and (3), 32, 34(2) and (3), 39, and 41 to 46, come into force on the day after the date on which this Act receives the Royal assent. 2013-06-04 Corrections Act 2004 The rest of this Act comes into force on the day that is 3 months after the date on which it receives the Royal assent. This section, sections 4(2) and (3), 32, 34(2) and (3), 39, and 41 to 46 are already in force.
4: Interpretation
1: Section 3(1) authorised property authorised property section 45A .
2: The definition of unauthorised item section 3(1)
ba: tobacco:
bb: any equipment used for smoking tobacco or any other substance: .
3: Paragraph (f) of the definition of unauthorised item section 3(1) section 129(a) , section 129(aa)
4: Paragraph (fa) of the definition of unauthorised item section 3(1) or dilute or contaminate tamper with
5: Section 3(1) health centre manager section 19A nurse .
5: Delegation of powers and functions of chief executive
1: Section 10
ea: the power to reconsider a prisoner's security classification under section 48(2); or .
2: Section 10
g: the power to grant approvals under sections 66(5)(a) and 66A(2)
ga: the power to approve an employee for the purposes of any regulations made under this Act; or .
6: Visiting Justices
Section 19(4)(f)
7: New section 19A inserted
The following section is inserted after section 19
19A: Health centre managers
1: For every prison (not being a contract prison or Police jail), the chief executive must appoint, under the State Sector Act 1988, a health centre manager.
2: A contractor must appoint a health centre manager for every contract prison managed by that contractor.
3: Each health centre manager must be a medical practitioner or a nurse.
4: Every health centre manager is responsible for ensuring the provision of health care and treatment to prisoners.
8: New section 20 substituted
Section 20
20: Medical officers
1: The chief executive must ensure that every prison (other than a Police jail) has a sufficient number of medical officers to meet prisoners' needs for medical care and medical treatment.
2: Every contractor must ensure that every contract prison managed by that contractor has a sufficient number of medical officers to meet prisoners' needs for medical care and medical treatment.
3: Each medical officer must be a medical practitioner.
9: Manager may make rules for prison
1: Section 33(1) and (2) , subject to subsection (6) may
2: Section 33
6: No rules may be made under this section that relate to matters for which rules must or may be made under section 45A
10: Certain information to be given to recently received prisoners
Section 42(1) , rules about authorised property made under section 45A section 33
11: Authorised property
1: Section 43
1: A prisoner may be issued with, or allowed to keep, authorised property subject to—
a: any condition set out in rules made under section 45A
b: any special conditions imposed by the prison manager relating to the use of the property; and
c: the condition described in section 44(1).
2: Section 43(3)(c) or rules made under section 45A
12: Standard conditions of issue and transfer of issued items
1: Section 44(1) section 43(1)(a) section 43(1)(c)
2: Section 44(2)(a) regulations made under this Act rules made under section 45A
3: Section 44(2)(c) regulations made under this Act rules made under section 45A
13: New section 45A inserted
The following section is inserted after section 45
45A: Rules about authorised property
1: The chief executive—
a: must, in respect of all corrections prisons, make rules declaring the items of property that prisoners may be issued with or allowed to keep; and
b: may make rules imposing conditions that attach to an item of property so declared; and
c: must publish the rules on an Internet site; and
d: must make the rules available for public inspection free of charge and for purchase at a reasonable price; and
e: must give notice in the Gazette
i: the Internet site on which the rules are published; and
ii: the place where the rules can be inspected; and
iii: the place where the rules can be purchased.
2: The Commissioner of Police—
a: must, in respect of all Police jails, make rules declaring the items of property that prisoners may be issued with or allowed to keep; and
b: may make rules specifying conditions that attach to an item of property so declared; and
c: must arrange for the rules to be made available and published in accordance with subsection (1)(c) to (e)
3: Rules made under subsection (1) or (2)
14: Segregation for purpose of medical oversight
1: Section 60(1) a medical officer the health centre manager
2: Section 60
1A: Before a health centre manager makes a recommendation under subsection (1) that relates to a matter outside his or her scope of practice, he or she must consult a medical practitioner whose scope of practice includes that matter.
3: Section 60(4) medical officer health centre manager
4: Section 60(5)
5: While a direction under this section is in force, the health centre manager must, unless he or she is satisfied that it is not necessary in the circumstances, ensure that a registered health professional visits the prisoner concerned—
a: at least once per day; or
b: if the prisoner is assessed to be at risk of self-harm, at least twice per day.
6: In this section, scope of practice
15: New section 66A inserted
The following section is inserted after section 66
66A: Self-employment
1: Every prisoner (other than a prisoner who is only awaiting trial or on remand or who is detained under the Immigration Act 2009) may, subject to the prison manager's approval, be self-employed while in custody and be employed in that work within the prison or outside the prison in which he or she is detained.
2: The prison manager must not approve a prisoner to be self-employed under this section unless the work—
a: is of a kind described in subsection (3)
b: is done under the conditions approved by the chief executive.
3: The work referred to in subsection (2)
4: Any work in which a prisoner is employed under this section must be carried out in accordance with any prescribed requirements.
16: Earnings of employed prisoner
Section 67(2)
2: Every prisoner described in subsection (4)
3: A person who receives money on behalf of a prisoner engaged in self-employment must, after deducting any commission, pay to the chief executive to the credit of the prisoner, those sums on account of the prisoner's earnings in that employment that the chief executive determines.
4: Subsections (2) and (3)
a: temporarily released from custody under section 62 to engage in self-employment; or
b: engaged in self-employment at the prison.
17: Application of money
1: Section 68(a) or self-employment employment
2: Section 68(b) or self-employment employment
3: Section 68
ba: the cost of the prisoner's detention for each week during which he or she is allowed, at any time, to engage in self-employment while in the custody of the chief executive, but not exceeding the weekly rate fixed by the Minister: .
18: Minimum entitlements
Section 69(4)
aa: may be denied, for not more than 2 consecutive days at a time, the minimum entitlement referred to in subsection (1)(a) if—
i: the prisoner has been temporarily released from custody or temporarily removed from prison under section 62 or removed for judicial purposes under section 65; and
ii: in the opinion of the prison manager, it is not practicable to provide the entitlement during the times the prisoner is in the prison: .
19: Diet
1: Section 72(1)
2: Section 72(3) or health centre manager medical officer
20: Use of force
Section 83(3) prescribed authorised
21: Restraint of prisoners
Section 87(5)
5: A prison manager may authorise the use of a mechanical restraint on a prisoner for more than 24 hours only if, in the opinion of a medical officer, continued restraint is necessary to protect the prisoner from self-harm.
5A: An authorisation under subsection (5)
a: be in writing; and
b: specify the type of restraint to be used; and
c: specify the time during which the prisoner is to be kept under restraint; and
d: include a record of the medical officer's opinion that the restraint is necessary to protect the prisoner from self-harm.
22: Definition of strip search
1: Section 90(2)
f: with his or her legs spread apart, bend his or her knees until his or her buttocks are adjacent to his or her heels: .
2: Section 90
3: Authority to conduct a strip search—
a: includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, ears, and anal and genital areas; but
b: does not authorise the insertion of any instrument, device, or thing into any orifice of those kinds.
23: Search of prisoners and cells
1: Section 98(6)(b) after the prisoner is temporarily released from custody
2: Section 98(7)
b: on the return of the prisoner to the prison—
i: after the prisoner has been outside the prison in the control of an officer, probation officer, or staff member who is not an officer; but
ii: not if the prisoner is returning to the prison from work; and .
3: Section 98
7A: Every prisoner who is subject to a direction under section 60(1)(b) because of risk of self-harm must be required to undergo a strip search conducted by an officer—
a: when the prisoner is first placed in a segregation area pursuant to the direction; and
b: each time the prisoner is returned to the segregation area after the prisoner has been in a part of the prison that is used by prisoners who are not subject to a segregation direction.
7B: In this subsection and subsection (7A) segregation area segregation direction
4: Section 98(8)(a) dilute, contaminate, or otherwise may
5: Section 98(8)(b) dilution, contamination, or such
24: Interpretation
Section 103A
103A: Interpretation
In this section and in sections 104 to 110A, unless the context otherwise requires, authorised person
a: a prison manager; or
b: a staff member authorised by the manager, in writing, to read correspondence for the purpose of section 107.
25: General considerations relating to mail
Section 104
26: Opening of mail
Section 106
2: Any mail to or from a prisoner that is to be opened or examined must be opened and examined by a staff member in the presence of 1 other staff member.
27: Reading of correspondence
1: Section 107(1) officer person
2: Section 107(2) officer person
28: New section 109 substituted
Section 109
109: Mail between prisoners, official agencies, and members of Parliament
A staff member must not open any mail and an authorised person must not read any correspondence and a prison manager must not withhold any mail that—
a: is from a prisoner to an official agency; or
b: is from a prisoner to a member of Parliament and is addressed to that member at Parliament; or
c: is from an official agency or member of Parliament to a prisoner, and accompanied by a covering letter addressed to the prison manager stating that the agency or member of Parliament is acting in an official capacity in respect of the prisoner.
29: Mail between prisoners and legal advisers
1: Section 110
1: A staff member must not open any mail and an authorised person must not read any correspondence and a prison manager must not withhold any mail between a prisoner and his or her legal adviser, unless authorised to do so under any of subsections (2) to (6).
2: Section 110(2) An authorised officer A staff member
30: Restrictions on disclosure of mail
1: Section 110A(a)
2: Section 110A(b)
31: Destruction of recordings
Section 120
1: The chief executive must take all practicable steps to ensure that every recording of a prisoner call held by the chief executive is destroyed or completely erased,—
a: not later than 2 years after the call was made unless the chief executive has within that time considered that the information contained in the recording is likely to be—
i: required for the purposes of an investigation into an offence or possible offence; or
ii: required for the purposes of an investigation into the possibility that an offence may be committed in the future; or
iii: required for evidence in a prosecution or possible prosecution for an offence, or in disciplinary proceedings, or in proceedings against a prisoner for a disciplinary offence; or
iv: required to be disclosed under the Privacy Act 1993; or
b: within a time prescribed in regulations (being a time not later than 2 years after the call was made) if any circumstances prescribed in regulations apply.
1A: If a recording of a prisoner call is held by the chief executive for any reason specified in subsection (1)(a)
32: Prisoner may be required to submit to drug or alcohol test
1: Section 124(1) and subject to any limitations prescribed by regulations subsection (2)
2: Section 124(2)(a) believes suspects
33: Obligations of persons carrying out procedure
Section 125(a)(iii) dilute, contaminate, or otherwise offence to
34: Offences by prisoners relating to drugs and alcohol
1: Section 129(a) or health centre manager medical officer
2: The heading to section 129 and alcohol , alcohol, and smoking
3: Section 129
aa: smokes tobacco or any other substance inside a prison; or .
4: Section 129
c: does any of the following in respect of any sample required to be supplied (whether by that prisoner or any other prisoner) in accordance with a prescribed procedure:
i: consumes, administers, or supplies any substance with intent to dilute or contaminate the sample:
ii: otherwise tampers with the sample.
35: Offences committed by persons while on temporary release from custody under section 62
Section 130(1) or health centre manager medical officer
36: Powers of hearing adjudicator in relation to offences against discipline
1: Section 133(3)(a) all or any privileges
2: Section 133
3A: The hearing adjudicator must take into account the prisoner's circumstances before imposing any forfeiture or postponement of privileges under subsection (3)(a).
37: Powers of Visiting Justice in relation to offences by prisoners
1: Section 137(3)(a) all or any privileges
2: Section 137
3A: The Visiting Justice must take into account the prisoner's circumstances before imposing any forfeiture or postponement of privileges under subsection (3)(a).
38: New heading and section 165 substituted
The heading above section 165 Health records
165: Health records
1: Every medical officer must ensure that an adequate record of the health care or treatment provided by that officer to a prisoner at a prison is maintained and kept securely and not treated as part of the prison records for that prisoner or former prisoner, as the case may be.
2: Every health centre manager must ensure that—
a: an adequate record of the health care or treatment provided to a prisoner at a prison is maintained; and
b: full health records (including dental records of prisoners or former prisoners at the prison) are kept securely; and
c: the health record of any prisoner or former prisoner at the prison is not treated as part of the prison records of that prisoner or former prisoner, as the case may be.
39: New heading and section 179AA inserted
The following heading and section are inserted after section 179 Status of certain rules and regulations relating to smoking in prisons
179AA: Status of certain rules and regulations relating to smoking in prisons
1: On and from 12 February 2013, the following rules and regulations must be treated as if they were made after Part 3
a: any rule made before 12 February 2013 by a prison manager under section 33 that forbids prisoners to smoke tobacco or any other substance, or forbids prisoners to possess tobacco or any tobacco-related item; and
b: regulations 4 and 6 of the Corrections Amendment Regulations 2012.
2: On and from 12 February 2013, no proceedings may be brought against the Crown questioning the validity of any rules or regulations referred to in subsection (1)
3: Nothing in this section affects proceedings commenced before 12 February 2013 to the extent that any relief sought or granted in those proceedings relates only to the period before 12 February 2013.
40: New heading and section 189D inserted
The following heading and section are inserted after section 189C Information associated with seized electronic communication devices
189D: Chief executive may require electronic communications company to provide information to access contents of seized device
1: This section applies if an electronic communication device is seized under section 150 and the chief executive believes, on reasonable grounds, that it is necessary for the detection or investigation of an offence under this Act to examine the contents of the device.
2: If this section applies, the chief executive may by notice in writing require an electronic communications company to provide information, to the extent that it is stored by the company in the ordinary course of its business, that will enable the chief executive to access the contents of the device (for example, information that will unlock or unblock the device).
3: The department must pay for the actual and reasonable costs (if any) incurred by an electronic communications company in providing information required under this section.
4: In this section,— contents of the device electronic communications company
41: Matters to be included in annual report
Section 190(3)(a)(i) section 199D(2) and (3) section 199D(1A)
42: New sections 199AA and 199AB inserted
The following sections are inserted after section 199
199AA: Delegation of powers and functions of chief executive to contractor
1: Without limiting sections 41 and 42 of the State Sector Act 1988, but subject to section 10 of this Act, the chief executive may delegate to a contractor or an employee of a contractor, either generally or particularly, any of the functions or powers of the chief executive under this Act.
2: Subject to any general or special directions given or conditions imposed by the chief executive, a contractor or an employee of a contractor to whom any functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
3: A contractor or an employee of a contractor who has been delegated any functions or powers under subsection (1)
4: A contractor or an employee of a contractor who appears to act under a delegation is presumed to be acting in accordance with its terms and conditions in the absence of evidence to the contrary.
5: A delegation made under this section is revocable at any time in writing and until it is revoked continues in force according to its tenor, despite the fact that the chief executive by whom it was made may have ceased to hold office, and continues to have effect as if made by the successor in office of that chief executive.
6: A delegation under this section does not affect the exercise of any function or power by the chief executive or the responsibility of the chief executive for the actions of any person acting under the delegation.
199AB: Delegation of powers and functions of chief executive to subcontractor
1: Without limiting sections 41 and 42 of the State Sector Act 1988, but subject to section 10 of this Act, the chief executive may delegate to a subcontractor referred to in section 199C or an employee of that subcontractor, either generally or particularly, any of the functions or powers of the chief executive under this Act.
2: Subject to any general or special directions given or conditions imposed by the chief executive, a subcontractor or employee of that subcontractor to whom the functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
3: A subcontractor or an employee of a subcontractor who has been delegated any functions or powers under subsection (1)
4: A subcontractor or an employee of a subcontractor who appears to act under a delegation is presumed to be acting in accordance with its terms and conditions in the absence of evidence to the contrary.
5: Section 199AA(5) and (6)
43: Reporting responsibilities
Section 199D
1A: A contractor must, at any intervals (not exceeding 4 months) that are determined by the chief executive, report in writing to the chief executive on—
a: the exercise of any functions, duties, or powers delegated under sections 199AA
b: the exercise of any functions, powers, or duties by an employee of the contractor who is an approved employee within the meaning of any regulations made under this Act.
1B: A subcontractor referred to in section 199C must, at any intervals (not exceeding 4 months) that are determined by the chief executive, report in writing on the exercise of any functions, duties, or powers, delegated under section 199AB
44: Accommodation and access
Section 199F
2A: Every contractor must ensure that any monitor has free and unfettered access to the following persons, but only during their work hours:
a: all employees of the contractor who—
i: are not staff members of the contract prison managed by that contractor; and
ii: are exercising, in respect of that prison, the functions and powers of the chief executive or the contractor under a delegation; and
b: all employees of the contractor who are approved employees (within the meaning of any regulations made under this Act).
45: Monitors to report on certain matters
Section 199G(1)(i) section 199D(2) or (3) section 199D(1A)
46: Regulations relating to safe custody of prisoners
Section 202
ma: prescribing limitations on when a prisoner may be required to submit to a prescribed procedure under section 124.
2: Amendment to Courts Security Act 1999
47: Amendment to Courts Security Act 1999
1: This section amends the Courts Security Act 1999
2: Section 25(1)(b) or officers security officers 2013-06-04 Courts Security Act 1999
3: Amendments to Smoke-free Environments Act 1990
48: Amendments to Smoke-free Environments Act 1990
1: This section amends the Smoke-free Environments Act 1990
2: The definition of prison section 2(1)
3: The definition of workplace section 2(1)
4: Section 6A 2013-03-05 Smoke-free Environments Act 1990 |
DLM4425500 | 2013 | Conservation (Natural Heritage Protection) Act 2013 | 1: Title
This Act is the Conservation (Natural Heritage Protection) Act 2013
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Conservation Act 1987
3: Principal Act
This Part amends the Conservation Act 1987 principal Act 2013-10-25 Conservation Act 1987
4: Section 27A amended (Nga Whenua Rahui kawenata)
In section 27A(1)(c) 44 43C
5: Section 39 amended (Other offences in respect of conservation areas)
1: Replace section 39(1)(ba)
ba: contravenes or fails to comply with section 17O(2), which relates to activities carried out in conservation areas without a concession; or
bb: contravenes or fails to comply with section 17ZF, which relates to operating aircraft in conservation areas without a concession or in an emergency or to repair a navigation aid; or .
2: Repeal section 39(2)
3: In section 39(6) to a fine not exceeding $30,000, and to a further fine of $3,000 per day to imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both, and to a further fine of $10,000 per day
6: New sections 43C and 43D inserted
After section 43B
43C: Penalties for certain offences
1: Every person who commits an offence against any of the provisions listed in subsection (2) subsection (3)
2: The provisions are—
a: section 26ZJ, which relates to unlawful acts in respect of spawning fish:
b: section 26ZR, which relates to the use of a substance or electric device to take or destroy freshwater fish:
c: section 30(6), which relates to the taking of plants from conservation areas:
d: section 38(4)(a), which relates to discharging weapons on, into, or over conservation areas:
e: section 39(1)(b), (bb)
f: section 39(3), which relates to the disposal of contaminants:
g: section 41(a), which relates to resisting or obstructing officers and rangers.
3: The penalties are,—
a: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
43D: Penalties for offences committed for commercial gain or reward
1: If a person is convicted of an offence against this Act and, on sentencing for that offence, the Court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable instead of any penalty otherwise prescribed to,—
a: in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:
b: in the case of a body corporate, a fine not exceeding $300,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
2: Subsection (1)
7: Section 44 replaced (Penalties)
Replace section 44
44: Penalties
Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable on conviction to,—
a: in the case of an individual, imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
44A: Sentence of community work
A court may sentence any individual who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002 apply with all necessary modifications.
8: Section 48 amended (Regulations)
In section 48(1)(n) $50 $500
2: Amendments to National Parks Act 1980
9: Principal Act
This Part amends the National Parks Act 1980 principal Act 2013-10-25 National Parks Act 1980
10: Section 56 amended (Bylaws)
Replace section 56(1)(m) and (n)
m: prescribing fines, not exceeding $5,000 in any one case, for the breach of any bylaw made under paragraphs (a) to (j):
n: prescribing fines, not exceeding $10,000 in any one case, for the breach of any bylaw made under paragraphs (k) to (l).
11: Section 60 amended (Offences in parks)
1: Repeal section 60(7)
2: In section 60(8) For the purposes of subsections (6) and (7) For the purpose of subsection (6)
12: New sections 69A and 69B inserted
After section 69
69A: Penalties for certain offences
1: Every person who commits an offence against any of the provisions listed in subsection (2) subsection (3)
2: The provisions are—
a: section 13(5), which relates to access to specially protected areas:
b: section 60(1)(a) to (i), (k), and (l), which relate to unauthorised acts in parks:
c: section 60(2)(a) and (b), which relate to failure to remove animals, vehicles, or aircraft from parks:
d: section 60(4)(b) and (c), which relate to the use of firearms:
e: section 63(a), which relates to wilfully obstructing rangers.
3: The penalties are,—
a: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
69B: Penalties for offences committed for commercial gain or reward
1: If a person is convicted of an offence against this Act and, on sentencing for that offence, the Court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable instead of any penalty otherwise prescribed to,—
a: in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:
b: in the case of a body corporate, a fine not exceeding $300,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
2: Subsection (1)
13: Section 70 replaced (Penalty for offences)
Replace section 70
70: Penalties
Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable on conviction to,—
a: in the case of an individual, imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
70A: Sentence of community work
A court may sentence any individual who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002 apply with all necessary modifications.
3: Amendments to Reserves Act 1977
14: Principal Act
This Part amends the Reserves Act 1977 principal Act 2013-10-25 Reserves Act 1977
15: New sections 102A and 102B inserted
After section 102
102A: Penalties for certain offences
1: Every person who commits an offence against any of the provisions listed in subsection (2) subsection (3)
2: The provisions are—
a: section 94(1)(a) to (k), (l), and (m), which relate to unauthorised acts on reserves:
b: section 94(2)(a), (b), (d), and (da), which relate to failure to comply with requirements relating to animals, vehicles, aircraft, or boats:
c: section 94(4)(b) and (c):
d: section 97(1), which relates to unauthorised fires:
e: section 98(b), which relates to assaulting or obstructing rangers:
f: section 100(5), which relates to obstructing officers.
3: The penalties are,—
a: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
102B: Penalties for offences committed for commercial gain or reward
1: If a person is convicted of an offence against this Act and, on sentencing for that offence, the Court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable instead of any penalty otherwise prescribed to,—
a: in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:
b: in the case of a body corporate, a fine not exceeding $300,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
2: Subsection (1)
16: Sections 103 and 104 replaced
Replace sections 103 104
103: Penalties
Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable on conviction to,—
a: in the case of an individual, imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
104: Penalty for breach of bylaws
Every person who commits a breach of any bylaw under this Act commits an offence, and is liable on conviction to—
a: a fine not exceeding $5,000; and
b: where the offence is a continuing one, a further fine not exceeding $500 for every day on which the offence continues.
104A: Sentence of community work
A court may sentence any individual who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002 apply with all necessary modifications.
17: Section 123 amended (Regulations)
In section 123(1)(b)
a: replace $200 $5,000
b: replace $5 $500
4: Amendments to Wildlife Act 1953
18: Principal Act
This Part amends the Wildlife Act 1953 principal Act 2013-10-25 Wildlife Act 1953
19: Section 9 amended (Wildlife sanctuaries)
In section 9(4) section 67F(3) section 67F(7)
20: Section 14 amended (Wildlife refuges)
1: In section 14(1C) section 67F(3) section 67F(5)
2: In section 14(3A) section 67F(1) section 67F(5)
21: Section 14A amended (Wildlife management reserves)
In section 14A(4) section 67F(3) section 67F(5)
22: Section 53 amended (Director-General may authorise taking or killing of wildlife for certain purposes)
In section 53(7) section 67F(1) section 67F(5)
23: Section 59 amended (Entry on land for purposes of Act)
In section 59(6) section 67F(1) section 67F(7)
24: Section 61 amended (Person in pursuit of wildlife to comply with demand by authorised officer)
In section 61(6) section 67F(1) section 67F(5)
25: Section 64 amended (Offences in relation to wildlife sanctuaries)
In section 64 section 67F(3) section 67F(7)
26: Section 65 amended (Other offences)
In section 65(1) section 67F(1) section 67F(5)
27: Section 66 amended (Offenders to give name and address to rangers, etc)
In section 66(2) and (3) section 67F(1) section 67F(5)
28: Section 67 amended (Penalties for offences in respect of marine wildlife)
Replace section 67(1)(fa)
fa: commits an offence against section 63A (which relates to the taking of absolutely or partially protected marine wildlife) is liable to imprisonment for a term not exceeding 2 years, or to a fine not exceeding $250,000, or both: .
29: Section 67A amended (Penalties for offences in respect of absolutely protected wildlife)
Replace section 67A(1)
1: Every person who commits an offence against any of the provisions listed in subsection (2) is liable on conviction to,—
a: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000.
30: Section 67B replaced (Penalty for offence of liberating wildlife)
Replace section 67B
67B: Penalty for offence of liberating wildlife
Every person who commits an offence against section 56(1)(ab) is liable on conviction to,—
a: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000.
31: Section 67D amended (Penalty for offence of obstructing ranger)
1: In section 67D(a)
a: replace 3 months 2 years
b: replace $5,000 $100,000, or both
2: In section 67D(b) $10,000 $200,000
32: Section 67F amended (Penalties for other offences)
1: Repeal section 67F(2)(a), (c), (d), (h), (j), (l), (n), and (o)
2: Repeal section 67F(4)(d), (e), (f), and (h)
3: After section 67F(4)
5: Every person who commits an offence against any of the provisions listed in subsection (6)
a: in the case of an individual, imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000.
6: The provisions are—
a: section 14(1C) (which relates to breaching a Proclamation or notice in respect of a wildlife refuge):
b: section 14(3A) (which relates to prohibited acts committed in wildlife refuges):
c: section 14A(4) (which relates to breaching a Proclamation in respect of a wildlife management reserve):
d: section 53(7) (which relates to the failure of a person or officer to comply with an authorisation):
e: section 61(6) (which relates to failing to produce various items):
f: section 65(1) (which provides for various miscellaneous offences):
g: section 66(2) (which relates to wilfully continuing an offence):
h: section 66(3) (which relates to failing to give a name, or giving a false name or address).
7: Every person who commits an offence against any of the provisions listed in subsection (8)
a: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000.
8: The provisions are—
a: section 9(4) (which relates to breaching an Order in Council in respect of a wildlife sanctuary):
b: section 59(6) (which relates to obstructing the Director-General or an officer in the exercise of powers):
c: section 64 (which relates to acts committed in wildlife sanctuaries).
33: New section 67I inserted (Penalties for offences committed for commercial gain or reward)
After section 67H
67I: Penalties for offences committed for commercial gain or reward
1: If a person is convicted of an offence against this Act and, on sentencing for that offence, the Court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable instead of any penalty otherwise prescribed to,—
a: in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:
b: in the case of a body corporate, a fine not exceeding $300,000.
2: Subsection (1)
34: Section 72 amended (Regulations)
1: In section 72(2)(x) $2,000 $5,000
2: In section 72(2A)(b)(i) $5,000 $10,000
3: In section 72(2A)(b)(ii) $100 $1,000
5: Amendments to Wild Animal Control Act 1977
35: Principal Act
This Part amends the Wild Animal Control Act 1977 principal Act 2013-10-25 Wild Animal Control Act 1977
36: Section 39 amended (Penalties)
Replace section 39(1) to (3)
1: Every person who commits an offence against any of the provisions listed in subsection (2)
a: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
2: The provisions are—
a: section 8(2), which relates to unauthorised hunting or killing and unauthorised discharge of weapons:
b: section 11(3), which relates to unauthorised capture, conveyance, possession, or liberation of wild animals:
c: section 12A(10), which relates to failing to maintain deer enclosures:
d: section 12B(6), which relates to failing to maintain animal enclosures on safari parks:
e: section 17(2), which relates to obstructing, hindering, or resisting officers:
f: section 36(1)(d), which relates to impeding, obstructing, or threatening officers:
g: section 36(3), which relates to engaging in wild animal recovery operations without a concession.
3: Every person who commits an offence against any regulations made under this Act for which no penalty is provided elsewhere than in this subsection is liable,—
a: in the case of an individual,—
i: to a fine not exceeding $5,000; and
ii: if the offence is a continuing one, to a further fine not exceeding $500 for every day on which the offence continues:
b: in the case of a body corporate,—
i: to a fine not exceeding $10,000; and
ii: if the offence is a continuing one, to a further fine not exceeding $1,000 for every day on which the offence continues.
3A: Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable on conviction to—
a: in the case of an individual, imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
37: New sections 39A and 39B inserted
After section 39
39A: Sentence of community work
A court may sentence any individual who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002 apply with all necessary modifications.
39B: Penalties for offences committed for commercial gain or reward
1: If a person is convicted of an offence against this Act and, on sentencing for that offence, the Court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable instead of any penalty otherwise prescribed to,—
a: in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:
b: in the case of a body corporate, a fine not exceeding $300,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
2: Subsection (1)
6: Amendments to Marine Mammals Protection Act 1978
38: Principal Act
This Part amends the Marine Mammals Protection Act 1978 principal Act 2013-10-25 Marine Mammals Protection Act 1978
39: Section 9 amended (Offence to take marine mammal without permit)
In section 9(1)
a: replace 6 months 2 years
b: delete , and to a further fine not exceeding $10,000 for every marine mammal in respect of which the offence was committed,
40: Section 16 amended (Reporting of accidental death or injury)
After section 16(4)
5: Every person commits an offence against this Act who refuses or fails to furnish any information or particulars required by the Director-General under subsection (3A).
6: Every person who commits an offence against this section is liable on conviction before a District Court Judge to a fine not exceeding $10,000.
41: Section 23 amended (Offences and penalties)
1: Replace section 23(1)
1: Every person commits an offence who—
a: acts in contravention of or fails to comply in any respect with any notice, direction, restriction, requirement, or condition given, made, or imposed under this Act; or
b: makes any false or misleading statement or any material omission in any communication with or application or return to the Minister, to the Director-General, or to the Department of Conservation, or any duly authorised officer or employee of the Department of Conservation, or any officer (whether in writing or otherwise), for the purposes of this Act; or
c: refuses or fails to furnish any return or information or particulars required by the Minister, the Director-General, or any duly authorised officer or employee of the Department of Conservation, or any officer, for the purposes of this Act.
1A: Every person commits an offence against this Act who—
a: acts in contravention of or fails to comply in any respect with any notice, direction, restriction, requirement, or condition given, made, or imposed under any regulations made under this Act; or
b: makes any false or misleading statement or any material omission in any communication with or application or return to the Minister, to the Director-General, or to the Department of Conservation, or any duly authorised officer or employee of the Department of Conservation, or any officer (whether in writing or otherwise), for the purposes of any regulations made under this Act; or
c: refuses or fails to furnish any return or information or particulars required by the Minister, the Director-General, or any duly authorised officer or employee of the Department of Conservation, or any officer, for the purposes of any regulations made under this Act.
2: After section 23(2)
2A: Every person who commits an offence against subsection (1)
a: in the case of an individual, imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues.
3: In section 23(3) summary
4: Replace section 23(3)(a)
a: in the case of an offence against subsection (2) or section 17,—
i: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
ii: in the case of a body corporate, a fine not exceeding $200,000:
iii: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues; and .
42: New section 23A inserted (Penalties for offences committed for commercial gain or reward)
After section 23
23A: Penalties for offences committed for commercial gain or reward
1: If a person is convicted of an offence against this Act and, on sentencing for that offence, the Court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable instead of any penalty otherwise prescribed to,—
a: in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:
b: in the case of a body corporate, a fine not exceeding $300,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
2: Subsection (1)
43: New section 26A inserted (Sentence of community work)
After section 26
26A: Sentence of community work
A court may sentence any individual who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002 apply with all necessary modifications. |
DLM5628800 | 2013 | Wine Amendment Act 2013 | 1: Title
This Act is the Wine Amendment Act 2013.
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 Wine Act 2003 principal Act 2013-12-05 Wine Act 2003
4: Section 14 amended (Contents of and requirements for wine standards management plans)
After section 14(2)
2A: However, in relation to wine made for export, a wine standards management plan need not comply with a New Zealand food standard to the extent that the standard's labelling requirements conflict with the labelling requirements of the country that imports the wine. |