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DLM5369000 | 2013 | Housing Accords and Special Housing Areas Act 2013 | 1: Title
This Act is the Housing Accords and Special Housing Areas Act 2013.
2: Commencement
This Act comes into force on 16 September 2013.
1: Preliminary provisions, housing accords, and special housing areas
1: Preliminary provisions
3: Repeal
1: Sections 16 17 2019
2: The rest of this Act is repealed on the close of 16 September 2021 2019-09-17 Housing Accords and Special Housing Areas Act 2013 see section 3(1) 2021-09-17 Housing Accords and Special Housing Areas Act 2013 see section 3(2) Section 3(1) amended 15 September 2016 section 4(1) Housing Legislation Amendment Act 2016 Section 3(2) amended 15 September 2016 section 4(2) Housing Legislation Amendment Act 2016
4: Purpose
The purpose of this Act is to enhance housing affordability by facilitating an increase in land and housing supply in certain regions or districts, listed in Schedule 1
5: Outline
1: The general scheme and effect of this Act are set out in the following subsections.
2: Subpart 1 of this Part deals with preliminary matters, including specifying the purpose of this Act, repealing certain of its provisions after 3 years, interpretation, and providing for the power to amend Schedule 1
3: Subpart 2
a: matters relating to housing accords (which may be entered into between the Minister and territorial authorities in the regions or districts listed in Schedule 1
b: matters relating to qualifying developments in special housing areas (to which the powers in Part 2
i: the criteria that must be met for a development to be a qualifying development in a special housing area; and
ii: the making of Orders in Council prescribing specified criteria for qualifying developments in special housing areas and parts of special housing areas:
c: matters relating to special housing areas, including—
i: the making of Orders in Council declaring areas to be special housing areas; and
ii: requirements that must be met before a special housing area may be established within the district of a territorial authority that is a party to a housing accord.
4: Part 2
a: providing for territorial authorities that have entered into housing accords and, in certain areas where no housing accord is in force, the chief executive of the Ministry responsible for administering this Act to be the agencies authorised to perform functions and exercise powers under the Part; and
b: providing for regional councils to be the agencies authorised to perform functions and exercise powers under the Part where proposed activities require resource consents under the rules of regional plans or proposed regional plans and a territorial authority is not a unitary authority; and
c: empowering authorised agencies to accept and consider resource consent applications for qualifying developments in special housing areas; and
d: providing for requests for plan changes and variations to proposed plans to be made to accord territorial authorities in conjunction with resource consent applications, and providing for processes for dealing with those requests; and
e: the functions and powers of authorised agencies in relation to resource consent applications and requests for plan changes and variations to proposed plans, and the delegation of those powers.
5: Schedule 1
6: Schedule 3
7: This section is a guide only to the general scheme and effect of this Act and does not limit or affect the other provisions of the Act.
6: Interpretation
1: In this Act, unless the context otherwise requires,— accord territorial authority section 10(5) ATA panel section 89 authorised agency section 23 chief executive concurrent application section 25 section 61
a: in accordance with a requirement of an accord territorial authority under section 26(1)
b: of the applicant's own volition district section 5(1) dwelling housing accord section 10 infrastructure provider section 166 maximum calculated height Minister Ministry notify section 352 section 91 notification predominantly residential section 14(2) proposed Auckland combined plan
a: means the proposed Auckland combined plan initially prepared by the Auckland Council in accordance with section 123(2) clause 5(1)(b)
b: includes, at a given point in time, any amendment that has been made to the plan and any variation that, under section 125(3) clause 5(1)(b) proposed plan
a: has the meaning set out in section 43AAC
b: includes any provision of the proposed Auckland combined plan that has not become operative qualifying development section 14(1) region section 5(1) regional council section 5(1) scheduled region or district Schedule 1 special housing area section 16 storey territorial authority Part 2 unitary authority section 5(1)
2: Every reference in this Act to the Resource Management Act 1991 section 91
3: Unless the context requires another meaning, terms and expressions used and not defined in this Act, but defined in the Resource Management Act 1991
7: Act binds the Crown
This Act binds the Crown.
8: Application of provisions of Act
Schedule 3 see section 92
9: Power to amend Schedule 1
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 1
2: Before making a recommendation to insert the name of a region or district in Schedule 1
3: The Minister, in determining whether a region or district is experiencing significant housing supply and affordability issues,—
a: must have regard to whether, according to publicly available data, 1 or both of the following apply to the region or district:
i: the weekly mortgage payment on a median-priced house as a percentage of the median weekly take-home pay for an individual exceeds 50%, based on a 20% deposit:
ii: the median multiple (that is, the median house price divided by the gross annual median household income) is 5.1 or over; and
b: must have regard to whether the land available for residential development in the region or district is likely to meet housing demand, based on predicted population growth; and
c: may have regard to whether any other information indicates that there are significant housing supply and affordability issues in the region or district.
4: The Minister must not make a recommendation to delete the name of a region or district from Schedule 1
5: In determining whether a region or district is no longer experiencing significant housing supply and affordability issues, the Minister must have regard to the matters in subsection (3)(a) and (b) and may have regard to the matter in subsection (3)(c).
2: Provisions relating to housing accords, qualifying developments, and special housing areas
Housing accords
10: Minister and territorial authority may enter housing accord
1: The Minister and a territorial authority whose district is within a scheduled region or district may enter into an agreement to work together to address housing supply and affordability issues in the district of the territorial authority (a housing accord
2: A housing accord—
a: must comply with the requirements in section 11(1)
b: may, without limitation, cover the matters referred to in section 11(2)
3: Either the Minister or a territorial authority whose district is within a scheduled region or district may initiate the negotiation of a housing accord.
4: However, the Minister has no obligation to enter into a housing accord with a territorial authority whose district is within a scheduled region or district.
5: While a housing accord is in force, the territorial authority that is a party to that housing accord is an accord territorial authority
11: Form and content of housing accord
1: A housing accord must—
a: be in writing; and
b: set out the parties' agreement about how they will work together to achieve the purpose of this Act in the district of the territorial authority; and
c: set out agreed targets for residential development in the district of the territorial authority; and
d: provide for either party to terminate the accord on giving 6 months' notice (or such other period, of not less than 3 months, as may be agreed).
2: A housing accord may—
a: provide for the Minister and the territorial authority to work together across a range of housing issues, according to the matters that they may identify as relevant to improving housing supply and affordability in the district of the territorial authority; and
b: provide for such other matters as the Minister and the territorial authority may consider necessary or desirable to address housing supply and affordability issues affecting the district of the territorial authority; and
c: set out the grounds on which, and the mechanism by which, the housing accord may be terminated; and
d: provide for a dispute resolution process that must be followed before the housing accord may be terminated; and
e: provide for any matters that the parties agree, having regard to the matters covered by their agreement,—
i: may be necessary to facilitate or ensure an orderly transition from the legislative regime that applies under this Act while the housing accord remains in force to the legislative regime that applies if the housing accord is terminated; and
ii: are not covered by the transitional provisions set out in clauses 1 to 3
12: Housing accord to be published
1: The chief executive must ensure that every housing accord that the Minister enters into is published on the Ministry's Internet site.
2: Every accord territorial authority must—
a: ensure that a copy of the housing accord is available at all reasonable times, free of charge, on an Internet site maintained by or on behalf of the territorial authority; and
b: make a copy of the housing accord available for purchase in hard copy, at no more than a reasonable cost, from the offices of the territorial authority.
13: Intention to terminate housing accord to be publicly notified
1: Before a housing accord may be terminated, the party intending to terminate the accord must give not less than 3 months' public notice of the intention to terminate the housing accord on a specified date.
2: The party intending to terminate the accord must, before publishing a notice under subsection (1), consult the other party about the proposed termination date to be specified in the notice for the purpose of ensuring that the date will enable the parties to achieve an orderly transition to the regime applying after the termination.
3: The chief executive and the accord territorial authority must each ensure that the notice is published on the relevant Internet site referred to in section 12
4: If this section is inconsistent with any provision in a housing accord, this section prevails. Qualifying developments
14: Meaning of qualifying development
1: In this Act, a qualifying development
a: that will be predominantly residential; and
b: in which the dwellings and other buildings will not be higher than—
i: 6 storeys (or any lesser number prescribed); and
ii: a maximum calculated height of 27 metres (or any lower maximum calculated height prescribed); and
c: that will contain not fewer than the prescribed minimum number of dwellings to be built; and
d: that will contain not less than the prescribed percentage (if any) of affordable dwellings.
2: For the purposes of subsection (1), a development is predominantly residential
a: the primary purpose of the development is to supply dwellings; and
b: any non-residential activities provided for are ancillary to quality residential development (such as recreational, mixed use, retail, or town centre land uses).
3: In this section, prescribed
a: in subsection (1)(b) and (c), means prescribed for qualifying developments in special housing areas by an Order in Council made under section 15(1)
i: in the Order in Council declaring the special housing area, as provided for in section 15(2)(a)
ii: by an Order in Council made under section 15(2)(b)
b: in subsection (1)(d), means prescribed for the special housing area or part of the special housing area—
i: in the Order in Council declaring the special housing area, as provided for in section 15(2)(a)
ii: by an Order in Council made under section 15(2)(b)
15: Criteria may be prescribed for qualifying developments
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, prescribe 1 or more of the following as default criteria that apply for qualifying developments in special housing areas if the Order in Council declaring a special housing area does not prescribe those criteria for the special housing area as provided for in subsection (2):
a: for the purposes of section 14(1)(b)(i)
b: for the purposes of section 14(1)(b)(ii)
c: for the purposes of section 14(1)(c)
2: The Governor-General may, on the recommendation of the Minister, prescribe 1 or more of the criteria referred to in subsections (1) and (3) that apply for qualifying developments in a special housing area or part of a special housing area—
a: in the Order in Council declaring the special housing area under section 16
b: by Order in Council made at any time after the special housing area is declared.
3: For the purposes of subsection (2), one of the criteria that may be prescribed is the percentage of dwellings that must be affordable dwellings, according to the affordability criteria specified in the Order in Council for the special housing area or part of the special housing area.
4: The affordability criteria that may be specified are not limited by section 9(3)(a) section 9(3)(a)(ii)
5: Subsection (2) is subject to subsections (6) and (7).
6: If no default criterion for the minimum number of dwellings to be built is prescribed under subsection (1)(c), the Minister must recommend that the Order in Council declaring the special housing area prescribes that criterion for qualifying developments in the special housing area.
7: If the special housing area or part of the special housing area is in the district of an accord territorial authority, the Minister may only make a recommendation for the purposes of subsection (2) that is in accordance with a recommendation of the accord territorial authority.
8: Criteria prescribed in an Order in Council under subsection (2) may (without limitation) be prescribed by reference to the provisions of the relevant plan or proposed plan. Special housing areas
16: Process for establishing special housing areas
Section 16 repealed the close of 16 September 2019 section 3(1)
17: Establishing special housing areas in district covered by housing accord
Section 17 repealed the close of 16 September 2019 section 3(1)
18: Disestablishing special housing areas
1: A special housing area is disestablished,—
a: if the Order in Council establishing it was notified in the Gazette
b: if the Order in Council establishing it was notified in the Gazette
c: if the Order in Council establishing it is notified in the Gazette
2: However, the Governor-General may, by Order in Council made on the recommendation of the Minister (a disestablishment order
3: The Minister must recommend the making of a disestablishment order for a special housing area if—
a: the region or district that the area is in ceases to be a scheduled region or district; or
b: the Minister is satisfied that the area no longer meets the criteria in section 16(3)
4: The Minister may recommend the making of a disestablishment order for a special housing area if—
a: 12 months have expired from the date on which the Order in Council establishing the area was notified in the Gazette
b: no application has been made under Part 2
c: the Minister is satisfied that it is appropriate to do so having regard to the purpose of this Act.
5: Before recommending the making of a disestablishment order, the Minister must give public notice of the intention to disestablish the special housing area.
6: The notice must be given not less than 3 months before the date on which the disestablishment is proposed to occur.
7: The Minister must not recommend the making of a disestablishment order except under subsection (3) or (4). Section 18 replaced 15 September 2016 section 6 Housing Legislation Amendment Act 2016
18A: Amending special housing areas to excise land if no development progress
1: This section applies in relation to a special housing area if—
a: the Order in Council establishing the area is notified in the Gazette
b: 12 months have expired from the date on which that order was notified; and
c: in relation to some or all of the land in the special housing area, no application has been made under Part 2
2: The Governor-General may, by Order in Council made on the recommendation of the Minister (an area reduction order
3: The Minister may recommend the making of an area reduction order only if the Minister is satisfied that it is appropriate to do so having regard to the purpose of this Act.
4: Section 16(2), (3), and (4A) to (6)
5: Section 16(4) Section 18A inserted 15 September 2016 section 6 Housing Legislation Amendment Act 2016
2: Resource consents, plan changes, and variations to proposed plans relating to qualifying developments in special housing areas
1: Preliminary provisions
19: Application of Part
1: This Part
2: In this Part, unless the context otherwise requires, a reference to a qualifying development includes infrastructure relating to the development.
20: Person may elect to proceed under this Part or Resource Management Act 1991
1: A person who wishes to undertake an activity in relation to a qualifying development for which a resource consent is required under the Resource Management Act 1991
a: under section 88
b: under section 25
2: A person may also make an application for a resource consent in respect of a qualifying development under section 25 Resource Management Act 1991 section 87A(6) see section 25(2) to (4)
3: A person who wishes to undertake an activity in relation to a qualifying development may, if the activity could lawfully be done in the particular location without a resource consent, request a certificate of compliance—
a: under section 139
b: under section 58
21: Outline of this Part
1: This Part provides for applications for resource consents that relate to qualifying developments in special housing areas. It also provides for requests for certain plan changes and variations to proposed plans associated with resource consent applications to be made where a special housing area is within the district of an accord territorial authority. This Part has 6 subparts, which are outlined in the following subsections.
2: Subpart 1 deals with preliminary matters, including—
a: the relationship between the provisions of the Resource Management Act 1991
b: who may perform the functions and exercise the powers under this Part.
3: Subpart 2
a: deals with resource consent applications that may be made under this Act, including how an application for a resource consent under this Act must be made and determined and matters concerning resource consents that are granted under it; and
b: provides for an accord territorial authority to require an applicant for a resource consent for certain activities to request a plan change or variation to a proposed plan in conjunction with the resource consent application.
4: Subpart 3
a: gives a person a right to request a plan change or a variation to a proposed plan in conjunction with an application for a resource consent for certain activities where the qualifying development is within the district of an accord territorial authority; and
b: deals with how requests for plan changes and variations to proposed plans must be made and determined.
5: Subpart 4 Resource Management Act 1991 subparts 2 3
6: Subpart 5
7: Subpart 6 Schedule 3
8: This section is a guide only to the scheme and effect of this Part and does not limit or affect the other provisions of the Act.
22: Application of Resource Management Act 1991 and regulations made under that Act to applications, requests, decisions, etc, under this Part
1: The Resource Management Act 1991
a: terms used in this Part, unless otherwise defined, must be given the same meaning as in the Resource Management Act 1991 see section 6(3)
b: provisions in this Part expressly apply provisions of the Resource Management Act 1991 see section 6(2)
c: transitional provisions in this Act, or regulations made under this Act, apply provisions of the Resource Management Act 1991
2: Where provisions in this Part expressly apply provisions of the Resource Management Act 1991 section 91
3: This Part also affects the application of provisions of the Local Government (Auckland Transitional Provisions) Act 2010 see section 60
23: Functions and powers in this Part to be performed or exercised by authorised agency
1: The functions and powers in this Part may be performed or exercised only by the relevant agency authorised in this section (the authorised agency
2: The authorised agency in relation to a qualifying development in a special housing area is,—
a: in relation to an application made under subpart 2
i: the accord territorial authority, if the special housing area is within the district of an accord territorial authority; or
ii: the chief executive, if the special housing area is within the district of a territorial authority that is not a party to a housing accord; or
b: in relation to applications made under subpart 3
3: Subsections (1) and (2) are subject to subsection (4), section 33 Schedule 3
4: The authorised agency in relation to an application for a resource consent under subpart 2
a: the territorial authority in whose district the special housing area falls is not a unitary authority; and
b: the resource consent is required by a rule in a regional plan or a proposed regional plan.
24: Periods excluded from certain time limits specified in this Part
The table in Schedule 2 subpart 2 subpart 3
2: Resource consents
Applications for resource consents
25: Applications for resource consents may be made to authorised agency
1: A person may apply to the relevant authorised agency for a resource consent that relates to a qualifying development in a special housing area, including a resource consent referred to in subsection (2).
2: A person may apply under this section for a resource consent for—
a: an activity that is described in the relevant plan as a prohibited activity but in a proposed plan as—
i: a permitted activity; or
ii: a controlled activity; or
iii: a restricted discretionary activity; or
iv: a discretionary activity; or
v: a non-complying activity; and
b: an activity that is described in the relevant plan as prohibited, where there is no proposed plan; and
c: an activity that is described in the relevant plan as prohibited and in a proposed plan as prohibited; and
d: an activity that is described in the relevant plan as permitted, controlled, restricted discretionary, discretionary, or non-complying and in a proposed plan as prohibited; and
e: an activity for which Part 3
f: an activity for which the relevant plan or a proposed plan requires a resource consent, but does not classify the activity as controlled, restricted discretionary, discretionary, or non-complying.
3: Subsection (2)(b), (c), and (d) is subject to section 26(3) and (5)
4: The authorised agency, when determining an application for a resource consent referred to in the first column of the following table, must treat the activity in the manner set out against that reference in the second column of the table: The following table is small in size and has 2 columns. Column 1 is headed Application for a resource consent for an activity referred to in. Column 2 is headed Authorised agency must treat the activity. Application for a resource consent for an activity referred to in— Authorised agency must treat the activity— subsection (2)(a)(i) as if the proposed plan described the activity as a controlled activity subsection (2)(a)(ii) to (v) as if the description in the proposed plan applied subsection (2)(b) to (f) as if the activity were a discretionary activity
26: Accord territorial authority may require applications to be made in conjunction with requests for plan changes or variations to proposed plans
1: If the authorised agency is an accord territorial authority, the authorised agency may, within 10 working days after a resource consent application is lodged, require an applicant for a resource consent referred to in—
a: section 25(2)(b) section 61(1)
b: section 25(2)(c) and (d) section 61(2)
2: If the authorised agency decides to make a requirement under subsection (1), the authorised agency must immediately return any affected resource consent application to the applicant, with a written notice of the requirement.
3: If the person wishes to proceed with a concurrent application, the applicant must—
a: request a change to the plan under section 61(1) section 61(2)
b: apply for a resource consent under section 25
i: in the case of a resource consent referred to in section 25(2)(b)
ii: in the case of a resource consent referred to in section 25(2)(c) or (d)
c: apply for the resource consent—
i: at the time of lodging the request for the plan change or variation to the proposed plan if the applicant has obtained prior written approval for the change or variation from the persons referred to in section 29(3)
ii: either at the time of lodging the request for the plan change or variation to the proposed plan or within 20 working days after the date of notification of the authorised agency's decision under section 65(5)
4: If an application has been returned in accordance with subsection (2) and the applicant decides to proceed with a concurrent application, the resource consent application lodged in accordance with subsection (3)(b) and (c) must be treated as a new application.
5: Nothing in this section prevents a person who wishes to apply for a resource consent referred to in section 25(2)(b), (c), or (d) see section 61
27: Making applications
1: Sections 88(2) to (5) 88A
a: as if every reference to the consent authority were a reference to the authorised agency; and
b: as if the reference in section 88(5) sections 357 to 358 sections 81(1)(c) 82 to 84
c: as if the reference in section 88A(1)(a) section 88 145 section 25
d: as if the reference in section 88A(1)(b) section 87B section 25(4)
e: as if the reference in section 88A(2) section 104(1)(b) section 34
f: with all other necessary modifications.
2: The following provisions apply, in addition to the provisions referred to in subsection (1), if the application for a resource consent is a concurrent application:
a: the application must identify the request for a plan change or variation to the proposed plan to which it relates:
b: the application must comply with the requirements in section 26(3)(b)
c: if the application is returned under section 88(3)
d: if the application is not lodged again within 20 working days after the date on which the applicant received the returned application, the application and the request for the plan change or variation to the proposed plan lapse.
28: Further information
Sections 92 to 92B
a: as if every reference to a consent authority were a reference to the authorised agency; and
b: as if the references in sections 92A(3) 92B(2) section 104 section 34
c: with all other necessary modifications.
29: Authorised agency may notify application to certain persons only
1: An authorised agency must not notify, or hold a hearing in relation to, an application for a resource consent made under section 25
2: Subsection (1) applies despite anything to the contrary in any other enactment, rule, national environmental standard, or other document.
3: The authorised agency may notify the application to the following persons if, in each case, the person has not given prior written approval to the activity:
a: the owners of the land adjacent to the land subject to the application; and
b: the local authorities in whose district or region the land subject to the application falls; and
c: any infrastructure providers who have assets on, under, or over the land subject to the application or the land adjacent to that land; and
d: if the land subject to the application or land adjacent to that land is subject to a designation, the requiring authority that required the designation.
4: The authorised agency must, within 10 working days after the date that the application is first lodged,—
a: decide whether to notify the application to any of the persons referred to in subsection (3); and
b: notify the application to those persons if it decides to do so.
5: Despite subsection (3), an authorised agency must not notify, or hold a hearing in relation to, an application for a resource consent made under this Act if, were that application to be made under the Resource Management Act 1991
6: A notice under subsection (4) must—
a: state that the recipients may make submissions on the application to the authorised agency within 20 working days from the date of the notice; and
b: state the closing date for submissions and the address for service of the authorised agency; and
c: request that those who make submissions indicate whether they wish to be heard.
7: A person may only make a submission if that person is notified under subsection (4).
8: The authorised agency must, as soon as is reasonably practicable, send copies of all submissions made on the application to the applicant.
9: A submission must be served on the authorised agency on or before the closing date for submissions.
10: A submission may state whether it—
a: supports the application; or
b: opposes the application; or
c: is neutral.
11: Any submission made after the closing date must not be considered by the authorised agency.
12: For concurrent applications, this section and sections 30 to 42 subpart 3
30: Hearing date and notice
1: The authorised agency must hold a hearing, not later than 20 working days after the closing date for submissions, if any person who has made a submission in accordance with section 29
2: The authorised agency must—
a: give every person who meets the criteria in subsection (1) and the person who made the application not less than 10 working days' notice of the date, time, and place of the hearing; and
b: give all persons referred to in paragraph (a) the opportunity to be heard.
31: Time limit for completing hearing
A hearing must be completed not later than 30 working days after the closing date for submissions on the application.
32: Deferral pending application for additional consents
Section 91
a: as if every reference to a consent authority were a reference to the authorised agency; and
b: with all other necessary modifications.
33: Joint hearings by 2 or more authorised agencies
1: This section applies where, in relation to the same qualifying development, applications for resource consents are made to 2 or more authorised agencies and, in each case, a hearing is to be held.
2: The authorised agencies must jointly hear and consider the applications unless—
a: the agencies agree that the applications are sufficiently unrelated that a joint hearing is unnecessary; and
b: the applicant agrees that a joint hearing need not be held.
3: When a joint hearing of applications for resource consents is to be held, the authorised agency under section 23(2)(a)(i) or (ii) section 30
4: After jointly hearing the applications,—
a: the authorised agencies must jointly decide the applications, unless one of them considers, on reasonable grounds, that it is not appropriate to do so; and
b: if a joint decision is made, the authorised agencies must identify in their joint decision—
i: their respective responsibilities for the administration of any consents granted, including monitoring and enforcement; and
ii: the manner in which administrative charges are to be allocated between the authorised agencies; and
c: the relevant authorised agency must issue, in accordance with the agencies' joint decision, any resource consents granted.
5: When 2 or more authorised agencies separately decide the applications and each agency decides to grant a resource consent, the agencies must ensure that any conditions to be imposed are not inconsistent with each other.
6: For the purposes of any appeal against a joint decision under subsection (4), the respondent is the authorised agency whose consent is the subject of the appeal.
7: This section applies, with all necessary modifications, in relation to any other matter that 2 or more authorised agencies are empowered under this Act to decide, or recommend on, in relation to the same proposal.
8: A joint hearing under this section may include a concurrent application and its associated request for a plan change or variation of a proposed plan. (In these circumstances, this section must be read together with the notification, hearing, and decision requirements in subpart 3 Decisions on applications and commencement of resource consents
34: Consideration of applications
1: An authorised agency, when considering an application for a resource consent under this Act and any submissions received on that application, must have regard to the following matters, giving weight to them (greater to lesser) in the order listed:
a: the purpose of this Act:
b: the matters in Part 2
c: any relevant proposed plan:
d: the other matters that would arise for consideration under—
i: sections 104 to 104F
ii: any other relevant enactment (such as the Waitakere Ranges Heritage Area Act 2008
e: the key urban design qualities expressed in the Ministry for the Environment's New Zealand Urban Design Protocol (2005)
2: An authorised agency must not grant a resource consent that relates to a qualifying development unless it is satisfied that sufficient and appropriate infrastructure will be provided to support the qualifying development.
3: For the purposes of subsection (2), in order to be satisfied that sufficient and appropriate infrastructure will be provided to support the qualifying development, the matters that the authorised agency must take into account, without limitation, are—
a: compatibility of infrastructure proposed as part of the qualifying development with existing infrastructure; and
b: compliance of the proposed infrastructure with relevant standards for infrastructure published by relevant local authorities and infrastructure companies; and
c: the capacity for the infrastructure proposed as part of the qualifying development and any existing infrastructure to support that development.
4: In considering an application for a resource consent under this section, the authorised agency—
a: may direct an affected infrastructure provider to provide any information that the authorised agency considers to be relevant in the circumstances to its consideration of the application; and
b: if the authorised agency is the chief executive, may also direct any local authority to provide any information that the authorised agency considers to be relevant in the circumstances to its consideration of the application.
5: If an authorised agency makes a direction under subsection (4), the infrastructure provider or local authority must provide the information requested as soon as is reasonably practicable.
6: The Ministry must ensure that a copy of the document referred to in subsection (1)(e), or a link to that document, is on the Ministry's Internet site and that members of the public can easily access the document via that site, free of charge, at all reasonable times.
35: Determination of applications for certain activities
Sections 105 to 107
a: as if every reference to a consent authority were a reference to an authorised agency; and
b: as if the references in section 105 section 104(1) section 34
c: with all other necessary modifications.
36: Decision on application
1: An authorised agency may grant or refuse an application for a resource consent made under this Act.
2: If an authorised agency grants the application, it may impose conditions under sections 37 38
3: Without limiting subsection (1), an authorised agency may—
a: grant a resource consent on the basis that the activity is a controlled activity, a restricted discretionary activity, a discretionary activity, or a non-complying activity, regardless of what type of activity the application was expressed to be for:
b: refuse an application on the grounds that it has inadequate information to determine the application.
37: Conditions of resource consents
1: Sections 108 to 111
a: as if every reference to a consent authority were a reference to the authorised agency; and
b: with all other necessary modifications.
2: Without limiting subsection (1), a resource consent may include any condition that is consistent with, and gives effect to, the purpose of this Act.
3: If the authorised agency is the chief executive and the authorised agency receives a financial contribution under the provisions referred to in subsection (1), the authorised agency must transfer that financial contribution to the relevant local authority to be used for the purposes specified in the resource consent or in that consent authority’s plan or proposed plan.
4: Sections 110 111
38: Conditions of subdivision consents
Section 220
39: Decisions on applications to be in writing and include reasons
Every decision by an authorised agency on an application for a resource consent must be in writing and state the reasons for the decision.
40: Notification of decision
1: If the authorised agency is a local authority, the authorised agency must serve a copy of its decision on an application for a resource consent on the applicant and all persons who made a submission.
2: If the authorised agency is the chief executive, the authorised agency must serve a copy of its decision on an application for a resource consent on—
a: the applicant; and
b: all persons who made a submission; and
c: any relevant territorial authorities.
3: If there is a right of appeal under section 79 section 79
41: Time limit for notifying decision
1: Notice of the decision of an authorised agency on an application for a resource consent under this subpart must be given not later than,—
a: if the application was not notified and a hearing is not held, 20 working days after the date on which the application was first lodged with the authorised agency; and
b: if the application was notified and a hearing is not held, 40 working days after the date on which the authorised agency notified the application; and
c: if the application was notified and a hearing is held, 60 working days after the date on which the authorised agency notified the application.
2: Schedule 2
42: When resource consent commences
1: A resource consent granted by an authorised agency commences on the date on which the decision on the application is notified under section 40
2: However, subsection (1) does not apply if there is a right of appeal under section 79
3: If there is a right of appeal under section 79
a: when the time for lodging appeals against the grant of the consent expires and no appeals have been lodged; or
b: when the Environment Court determines the appeals or all appellants withdraw their appeals. Subdivisions
43: Application of Part 10 of Resource Management Act 1991
Part 10
44: Consent notices and completion certificates
1: Sections 221 222
a: as if every reference to a territorial authority were a reference to the authorised agency; and
b: as if the reference in section 221(3A) sections 88 to 121 127(4) to 132 sections 25 27 to 42 52 to 55 Resource Management Act 1991
c: with all other necessary modifications.
2: However, an authorised agency may notify or hold a hearing in relation to an application or review referred to in section 221(3) section 29(3)
45: Approval of survey plans by authorised agency
1: Section 223(1) to (4), and (6)
a: as if every reference to a territorial authority were a reference to the authorised agency; and
b: with all other necessary modifications.
2: A certificate under section 223(3) Local Government Act 1974
46: Restrictions on deposit of survey plan
Section 224
a: as if every reference to a territorial authority in paragraphs (c), (f), and (h) of that section were a reference to the authorised agency; and
b: with all other necessary modifications.
47: Subdivision by the Crown
1: Section 228 section 45
a: as if every reference to a territorial authority were a reference to the authorised agency; and
b: with all other necessary modifications.
2: The survey plan referred to in subsection (1) is a survey plan that relates to a subdivision for a qualifying development, by or on behalf of a Minister of the Crown, of land not subject to the Land Transfer Act 2017 Section 47(2) amended 12 November 2018 section 250 Land Transfer Act 2017
48: Other provisions relating to survey plans
1: Sections 225 226 231 232 236 237 237A 240 to 243
a: as if every reference to the territorial authority, except the references specified in subsection (3), were a reference to the authorised agency; and
b: with all other necessary modifications.
2: The survey plans, covenants, and other matters referred to in subsection (1) are all survey plans, covenants, or other matters that relate to a subdivision consent granted, or certificate of compliance issued, by an authorised agency.
3: The references to a territorial authority in sections 231(1)(b) 232(2)(c) 237A(1)(a) section 2(1) Additional provisions relating to resource consents
49: Effect of grant of resource consent under this Act
1: Except as provided otherwise in this Act,—
a: a resource consent granted under this Act has full force and effect for its duration and according to its terms and conditions as if it were granted under the Resource Management Act 1991
b: any provision of an enactment that refers to a resource consent granted under the Resource Management Act 1991
2: In particular, and without limiting subsection (1), subpart 5
50: Nature and duration of resource consent
Sections 122 123
51: Lapsing of resource consent
Section 125
a: as if—
i: every reference to the consent authority were a reference to the authorised agency; and
ii: every reference to the territorial authority were a reference to the authorised agency; and
iii: in section 125(1)(a)
iv: in section 125(1A)(b)
“(ii): the purpose of the Housing Accords and Special Housing Areas Act 2013.”; and
v: in section 125(1B) sections 357A 357C to 358 sections 81(1)(e) 82 to 84
b: with all other necessary modifications.
52: Change, cancellation, or review of consent condition on application by consent holder
1: Sections 126(1) and (2) 127 to 129(1)
a: as if every reference to the consent authority were a reference to the authorised agency; and
b: as if the reference in section 127(3) sections 88 to 121 sections 25 27 to 42 Resource Management Act 1991
c: as if the reference in section 129(1)(e) section 36(1)(cb) section 77(1)(e)
d: with all other necessary modifications.
2: However, an authorised agency may notify or hold a hearing in relation to an application for a change or cancellation of conditions under section 127(1) section 29(3)
53: No public notification, submissions, or hearings on review
1: Section 130
2: However, an authorised agency may notify the persons listed in section 29(3) sections 30 31 section 29(3)
54: Matters to be considered in review
Section 131
a: every reference to the consent authority were a reference to the authorised agency; and
b: in section 131(1)(a) section 104 section 34
c: with all other necessary modifications.
55: Decision on review of consent conditions
Section 132
a: as if every reference to a consent authority were a reference to an authorised agency; and
b: section 132(1A)
c: in section 132(2)
i: sections 106 to 111
ii: sections 120 121
d: sections 39 to 42 sections 112 to 116
e: with all other necessary modifications.
56: Minor corrections of resource consents
Section 133A
57: Surrender of consent
Section 138
58: Certificates of compliance
1: Section 139
a: as if every reference to the consent authority and the authority were a reference to the authorised agency, except that,—
i: in section 139(9) sections 357A 357C to 358 sections 81(1)(d) 82 to 84
ii: in section 139(12) sections 120 121 section 125
iii: section 139(13)
b: with all other necessary modifications.
2: A certificate of compliance issued under this section—
a: has full force and effect as if it were issued under the Resource Management Act 1991
b: any provision of an enactment that refers to a certificate of compliance issued under the Resource Management Act 1991
3: Requests for plan changes and variations to proposed plans
59: Application of subpart
This subpart applies only in relation to—
a: qualifying developments in special housing areas; and
b: district plans and proposed district plans (including those plans in respect of the Auckland combined plan).
60: Subpart overrides restriction on amendments or variations to proposed Auckland combined plan
Nothing in sections 124 125
61: Requests for changes to plan or variation to proposed plan
1: A person who has applied for or wishes to apply for a resource consent to undertake an activity to which section 25(2)(b) sections 62 to 73
2: A person who has applied for or wishes to apply for a resource consent to undertake an activity to which section 25(2)(c) or (d) sections 62 to 73
3: A request to change a plan or vary a proposed plan under this section—
a: must be made at the same time as, or before, an application for a resource consent that relates to the qualifying development as provided in section 26(3)(c)
b: must—
i: be made in writing; and
ii: comply with the requirements in section 26(3)(a)
iii: either—
A: identify the concurrent application or applications it relates to, if the request and the concurrent application are made at the same time; or
B: specify that it is intended that 1 or more concurrent applications will be lodged subsequently if the request is accepted; and
iv: explain the purpose of, and reasons for, the requested plan change or variation to the proposed plan; and
v: contain an evaluation in accordance with section 32(3) to (4)
vi: if environmental effects are anticipated, describe those effects, taking into account the provisions of Schedule 4
4: The authorised agency, when considering a request for a plan change or variation to a proposed plan under this section, must have regard to the following matters, giving weight to them (greater to lesser) in the order listed:
a: the purpose of this Act:
b: the matters in Part 2
c: the matters in section 74(2)(a)
d: the other matters in sections 74 to 77D
i: section 74 section 32
ii: section 75(3)(c) and (4)(b)
e: any other relevant provision of an enactment (such as the Waitakere Ranges Heritage Area Act 2008
5: If an authorised agency determines under section 32 section 88 section 27
6: Part 3 Process for request for plan change or variation to proposed plan where adjacent owners give prior approval
62: Process for requests where adjacent owners give prior approval
1: This section applies if a person makes a request for a plan change or variation to a proposed plan under section 61 section 29(3)
2: Clauses 23 24
a: every reference to a request under clause 21 section 61
b: every reference to the local authority were a reference to the authorised agency; and
c: in clause 23(1) 20 working days 10 working days
d: in clause 23(2) 15 working days 10 working days
e: in clause 23(3) 20 working days 15 working days 10 working days
3: The authorised agency must make a decision on the request for a plan change or variation to a proposed plan and its concurrent application, and give public notice of that decision, within 40 working days after the date of whichever of the following is the latest to have occurred:
a: receipt of the request:
b: receipt of all required information or any report requested in accordance with clause 23
c: modification of the request.
4: The authorised agency's decision made in accordance with section 61(4)
a: approve the plan change or variation to a proposed plan; or
b: approve the plan change or variation to a proposed plan with modification; or
c: decline the plan change or variation to a proposed plan.
5: The authorised agency must, before giving public notice of the decision on the request and its concurrent application, notify the person who made the request of—
a: the decision on the request and its concurrent application; and
b: the reasons for that decision.
6: Sections 71 73 Process for request for plan change or variation to proposed plan where adjacent owners do not give prior approval
63: Application of sections 64 to 74
Sections 64 to 74 section 61 section 29(3)
64: Further information may be required and request may be modified
Clauses 23 24
a: every reference to a request under clause 21 section 61
b: every reference to the local authority were a reference to the authorised agency; and
c: in clause 23(1) 10 working days
d: in clause 23(2) 15 working days 10 working days
e: in clause 23(3) 20 working days 15 working days 10 working days
65: Authorised agency to consider request
1: The authorised agency must, within the time specified in subsection (3), decide whether to—
a: adopt the request, or part of the request; or
b: accept the request in whole or in part; or
c: reject the request in accordance with subsection (4).
2: If the authorised agency decides to adopt the request, or part of the request, the request must be dealt with in accordance with section 74
3: The authorised agency must make its decision under subsection (1) within 10 working days of whichever of the following is the latest to have occurred:
a: receipt of the request:
b: receipt of all required information or any report requested in accordance with clause 23 section 64
c: modification of the request.
4: The authorised agency may reject the request in whole or in part, but only on 1 or more of the grounds that the request or part of the request is—
a: frivolous or vexatious:
b: not in accordance with sound resource management practice:
c: inconsistent with the matters in section 61(4)
5: The authorised agency must, within 5 working days of making a decision on the request, notify the person who made the request of—
a: the decision on the request; and
b: the reasons for that decision.
66: Effect of decision on concurrent application
1: If the authorised agency rejects the request, any concurrent application lapses.
2: If, under section 65(1)(b)
3: If a request is withdrawn or deemed to be withdrawn under section 75
4: If the authorised agency accepts the request and the request has been modified under section 64
a: amend a concurrent application; or
b: withdraw a concurrent application and lodge a replacement concurrent application.
5: See section 26(3)(c)
67: Preparation of plan change or variation, notification, and submissions
1: If the authorised agency decides to accept the request or part of the request as provided in section 65(1)(b) section 65(5)
a: prepare the change to the plan or variation to the proposed plan in consultation with the person who made the request; and
b: notify the accepted plan change or variation to the proposed plan and its concurrent application to the persons listed in section 29(3)
2: The notice under subsection (1)(b) must—
a: state that the recipients may make submissions on the plan change or variation to the proposed plan and its concurrent application to the authorised agency within 20 working days from the date of the notice; and
b: state the closing date for submissions and the address for service of the authorised agency; and
c: request that those who make submissions indicate whether they wish to be heard.
3: A person may only make a submission if that person is notified under subsection (2).
4: The authorised agency must, as soon as practicable after the closing date for submissions, send copies of all submissions on the proposed change or variation and its concurrent application to the person who made the request.
68: Submission to expand land covered by request must be notified
1: This section applies if the authorised agency receives a submission that the land to which the request for the plan change or variation to a proposed plan relates should be expanded to relate to other land.
2: The authorised agency must, as soon as practicable after receiving the submission, notify—
a: the applicant; and
b: every person who has made a submission on the request; and
c: any of the persons listed in section 29(3) section 29(3)
3: Section 67(2) to (4) section 67(2)(a)
69: Hearings
1: The authorised agency must hold a hearing, not later than 20 working days after the closing date for submissions (or, if section 68 section 67(2)
2: The authorised agency must—
a: give each person who meets the criteria in subsection (1) and the person who made the request not less than 10 working days' notice of the date, time, and place of the hearing; and
b: give all persons referred to in paragraph (a) the opportunity to be heard.
3: The authorised agency must complete the hearing not later than 30 working days after the closing date for submissions on the request (or, if section 68
4: The authorised agency must hear any submissions on the request for a plan change or variation to a proposed plan and its concurrent application together.
70: Decision on request
1: The authorised agency must give a decision on the provisions and matters raised in submissions, whether or not a hearing on a request for a plan change or variation to a proposed plan and its concurrent application is held.
2: Clause 10(2) and (3)
3: The authorised agency's decision made in accordance with section 61(4)
a: approve the plan change or variation to a proposed plan; or
b: approve the plan change or variation to a proposed plan with modifications; or
c: decline the plan change or variation to a proposed plan.
71: Consideration of plan change request and concurrent application
1: An authorised agency considering a request for a plan change or variation to a proposed plan and its concurrent application must,—
a: first, determine matters in relation to the request; and
b: secondly, determine matters in relation to the concurrent application, based on its determination of matters in relation to the request.
2: The concurrent application must be considered and determined on the basis that the activities for which the application is made are controlled activities, restricted discretionary activities, discretionary activities, or non-complying activities in accordance with the authorised agency's decision on the request for a plan change or variation to a proposed plan to which the concurrent application relates.
3: An authorised agency must decline a concurrent application if, as a result of the agency's determination on the request, the activity that the concurrent application relates to remains a prohibited activity under the relevant plan or proposed plan, as the case may be. Time limit for decision, requirement for public notification, and effect of decision
72: Decision to be given and notified within 130 working days after making of request
1: The authorised agency must, not later than 130 working days after a request is made,—
a: give its decision on the request and the concurrent application; and
b: notify the person who made the request of its decision; and
c: give public notice of the decision and, at the same time, serve a copy of the notice on every person who made a submission on the request for a plan change or variation to a proposed plan or the concurrent application.
2: Schedule 2
3: Section 113
73: Effect of notifying decision to approve plan change or variation
If the authorised agency's decision is to approve the plan change or variation to a proposed plan, on and after the date on which public notice is given,—
a: the plan or proposed plan (as the case may be) is amended in accordance with the decision; and
b: the plan change, or provision of the proposed plan as varied by the decision, is operative, including in terms of clause 20 Adoption of request for plan change or variation to proposed plan by authorised agency
74: Authorised agency may adopt request for plan change or variation to proposed plan
1: An authorised agency may adopt a request or part of a request for a plan change or variation to a proposed plan made under section 61
a: it wishes to consider the request or part of the request together with 1 or more other requests or parts of other requests made under section 61
b: the requests meet the criteria in section 61(3)(b)
2: Sections 61(4) to (6) 62 to 73 section 65(1)(b) Concurrent plan change or variation processes
75: Interface between concurrent plan change or variation processes under this Act and Resource Management Act 1991
1: This section applies if a request for a plan change or variation to a proposed plan under this subpart ( process A Schedule 1 Part 4 process B
1A: However, this section does not apply if—
a: process B is a proposed plan process—
i: under Schedule 1 clause 2
ii: under Part 4
b: process B results in the proposed plan becoming operative in relation to the area before process A is completed.
2: From the day after the date on which a plan change or variation to a proposed plan becomes operative in relation to the area in accordance with process A, or a proposed plan, plan change, or variation to a proposed plan becomes operative in relation to the area in accordance with process B, whichever process first results in a proposed plan, plan change, or variation becoming operative (the deciding process
a: any of the following that relate to the other process must, insofar as the matters covered in them were considered and determined by the deciding process or are inconsistent with the decision made in the deciding process, be treated as having been withdrawn by the person who made the request or the submission (the submitter
i: the request for a plan change or variation to the proposed plan or the part of the proposed plan, plan change, or variation that relates to the area in subsection (1); and
ii: any submission or part of a submission that related to that area; and
b: the local authority, authorised agency, or other person or body responsible for the other process must—
i: notify the person who proposed the plan, plan change, or variation, or made the request, and each submitter affected by the operation of paragraph (a) that a proposed plan, plan change, or variation has become operative in accordance with the deciding process and specify the part of the proposed plan, plan change, or variation or the request or submission that is treated as having been withdrawn; and
ii: not take further action in relation to the area in subsection (1) under the other process in relation to any matter that was considered and determined as part of the deciding process.
3: No compensation is payable by the Crown or an authorised agency to any person for any loss or damage arising from the application of this section. Section 75(1A) inserted 15 September 2016 section 7 Housing Legislation Amendment Act 2016
3A: Applications and requests made during development of new plan
Subpart 3A inserted 15 September 2016 section 8 Housing Legislation Amendment Act 2016
75A: Interpretation
1: In this subpart, unless the context otherwise requires,— finally decided originally notified version clause 5 section 123 proposed new plan
a: the proposed Auckland combined plan; or
b: any other new plan proposed by an authorised agency and notified under clause 5 time-of-application version time-of-request version
2: In this subpart, an application or request is finally decided
a: there is no right of appeal or objection against the decision:
b: there is a right of appeal or objection against the decision but no appeal or objection is lodged within the time allowed for doing so:
c: if 1 or more appeals or objections are lodged against the decision, all of them (and any subsequent appeals) have been withdrawn or decided. Section 75A inserted 15 September 2016 section 8 Housing Legislation Amendment Act 2016
75B: Requests for plan changes and variation of proposed plan and concurrent applications
1: This section applies if—
a: an authorised agency has notified a proposed new plan; and
b: after the proposed new plan was notified, a request was made under section 61
i: a change to a plan that will be replaced by the new plan (if the new plan becomes operative); or
ii: a variation of the proposed new plan; and
c: the proposed new plan (or the part of it that is relevant to the request) becomes operative; and
d: when it becomes operative, the request has not been finally decided.
2: However, this section does not apply if the person who made the request notifies the authorised agency in writing that the person does not want this section to apply.
3: The request and all concurrent applications for resource consents (and any subsequent appeals or objections) must be dealt with and decided as if—
a: the request were a request for a change to an operative plan; and
b: the applications were applications relating to an operative plan; and
c: the time-of-request version of the proposed new plan were the relevant operative plan.
4: However, if the authorised agency’s decision is to approve the request, the references in section 73 Section 75B inserted 15 September 2016 section 8 Housing Legislation Amendment Act 2016
75C: Applications for resource consents (other than concurrent applications)
1: This section applies if—
a: an authorised agency has notified a proposed new plan; and
b: after the proposed new plan was notified, an application for a resource consent was made under section 25
c: the application is not a concurrent application made in conjunction with a request to which section 75B
d: the proposed new plan (or the part of it that is relevant to the application) becomes operative; and
e: when it becomes operative, the application has not been finally decided.
2: However, this section does not apply if the applicant for the resource consent notifies the authorised agency in writing that the applicant does not want this section to apply.
3: The application (and any subsequent appeals or objections) must be dealt with and determined as if the time-of-application version of the proposed new plan were the relevant operative plan. Section 75C inserted 15 September 2016 section 8 Housing Legislation Amendment Act 2016
4: Other provisions of Resource Management Act 1991 that apply in relation to applications, etc, under subparts 2 and 3
76: Other provisions of Resource Management Act 1991 applying
1: The provisions of the Resource Management Act 1991
a: as if every reference to a local authority in those provisions (unless stated) were a reference to an authorised agency; and
b: as if every reference to the Resource Management Act 1991
c: with all other necessary modifications.
2: The provisions are—
a: section 21
b: section 27
c: section 34 section 86
d: section 34A subpart 3 section 90(3)
e: section 36A
f: sections 37 37A
g: sections 39 to 41A 41B(1) to (4) 41C 42 42A
h: section 352
i: any other provisions of the Resource Management Act 1991
77: Administrative charges
1: An authorised agency may, having regard to the criteria set out in section 36(4)
a: charges payable by persons who request plan changes or variations to proposed plans, for the authorised agency carrying out its functions in relation to such requests and charges associated with an ATA panel or a hearings commissioner if the decision on a request is delegated to either:
b: charges payable by applicants for resource consents for the authorised agency carrying out 1 or more of its functions under this Act in relation to receiving, processing, and granting resource consents, certificates of compliance, and charges associated with an ATA panel or a hearings commissioner if the decision on an application is delegated to either:
c: charges payable by applicants for a change or cancellation of a condition of a resource consent or a variation or cancellation of a condition specified in a consent notice for the authorised agency carrying out 1 or more of its functions under this Act:
d: charges payable by holders of resource consents for the authorised agency carrying out its functions under this Act in relation to the administration, monitoring, and supervision of resource consents (including certificates of compliance):
e: charges payable by holders of resource consents for the authorised agency carrying out 1 or more of its functions under this Act in relation to reviewing consent conditions:
f: charges payable by persons who exercise a right of objection under this Act against a decision made or an action taken, for the authorised agency carrying out its functions in relation to such objections:
g: charges for providing information in respect of plans and resource consents under this Act, which are payable by the person who requests the information:
h: charges for the supply of documents, which are payable by the person who requests the document.
2: Section 36(3) to (5) and (7)
a: as if the reference in section 36(3) and (7)
b: with all other necessary modifications.
5: Provisions relating to rights of appeal and objection
78: Limited right of appeal and objection
There is no right of appeal or objection against a decision made by the authorised agency under this Part, except as provided in sections 79 81
79: Right of appeal against resource consent decisions relating to qualifying developments of 4 or more storeys
1: One or more of the following persons may appeal to the Environment Court against the whole or any part of the decision of an authorised agency on a resource consent application under section 25
a: the applicant:
b: any person who made a submission on the application.
2: An appeal under subsection (1) must, subject to any regulations made under section 91
a: be made in the form prescribed for appeals made under section 120
b: relate to a matter raised in the submission of the person lodging the appeal; and
c: be accompanied by the filing fee prescribed for appeals made under section 120
d: state the reasons for the appeal and the relief sought; and
e: state any matters required by regulations made under the Resource Management Act 1991 section 120
f: be lodged with the Environment Court and served on the authorised agency whose decision is being appealed against within 15 working days of notice of the decision being received in accordance with this Act.
3: The appellant must ensure that a copy of the notice of appeal is served on every person referred to in subsection (1) not later than 5 working days after the appeal is lodged with the Environment Court.
4: Part 11
a: as if every reference to a consent authority or a local authority were a reference to an authorised agency; and
b: as if section 274(1)(d), (da), and (f) a person who made a submission about the subject matter of the proceedings; and
c: with any other necessary modifications.
5: This section is in addition to the rights provided for in section 81
80: No review of decisions unless right of appeal exercised
1: This section applies if a person has a right of appeal against a decision of an authorised agency under this Act.
2: Unless the person has exercised that right of appeal and a decision has been made on the appeal,—
a: no application for review under the Judicial Review Procedure Act 2016
b: no proceedings seeking a writ of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction in relation to that decision, may be heard by the High Court. 1991 No 69 s 296 Section 80(2)(a) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
81: Rights of objection
1: The following persons have a right of objection to the authorised agency:
a: a person whose application for a resource consent is not granted by the authorised agency, in the circumstances described in subsection (2) if the decision not to grant the consent was made by an employee of the authorised agency under delegation:
b: a person whose submission to an authorised agency is struck out under section 41C(7) section 76
c: a person whose application for a resource consent under this Act is determined to be incomplete under section 88(3) section 27
d: a person whose application for a certificate of compliance is not granted by an authorised agency under section 58
e: a person who has made an application under any of the following provisions, in respect of the authorised agency's decision on that application:
i: section 51
ii: section 126(2)(b) section 52
f: in respect of the authorised agency’s decision on an application or a review described in subsection (3), an applicant or a consent holder in respect of a consent granted, or a consent notice issued, by the authorised agency:
g: a person required by the authorised agency to pay an additional charge under section 36(3) section 77(2)
h: a person who made a request for a plan change or variation to a proposed plan, in respect of an authorised agency's decision to—
i: adopt or accept the request in part only under section 65(1)
ii: reject the request under clause 23(6) section 62 64
iii: reject the request under section 65(4)
2: For the purposes of subsection (1)(a), the circumstances are—
a: that the application was notified, but no submissions were received on the application or, if any submissions were received, they were withdrawn; or
b: that the application was not notified.
3: Subsection (1)(f) applies to—
a: an application made under section 127 section 52
b: a review of the conditions of a resource consent granted by the authorised agency under sections 128 to 132 sections 52 to 55
c: an application made under section 221 section 44
82: Procedure for making and hearing objections
Section 357C section 81 sections 357 357A 357B section 81
83: Decisions on objections
Section 357D(1) and (2) section 81
a: every reference to sections 357 357A 357B section 81
b: the references to sections 357B(a) 36(3) sections 81(1)(g) 77
c: with all other necessary modifications.
84: No right to appeal against decisions on objections
There is no right of appeal against a decision on an objection made under this Act.
6: Miscellaneous
Functions and powers of chief executive
85: Chief executive has powers of consent authority
Subject to the provisions in this Act, the chief executive is a consent authority under the Resource Management Act 1991
86: Delegation of functions and powers of chief executive
1: In addition to any delegation under clauses 2 3
a: a local authority; or
b: the Environmental Protection Authority.
2: A delegation under this section—
a: must be in writing; and
b: may be made subject to any restrictions and conditions that the chief executive thinks fit; and
c: is revocable at any time, by notice in writing.
3: An entity to which any functions or powers are delegated under this section may perform or exercise them in the same manner and with the same effect as if they had been conferred on the entity directly by this Act and not by delegation.
4: Subsection (3) is subject to any restrictions or conditions imposed by the chief executive.
5: A person purporting to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
6: No delegation under this section affects or prevents the performance or exercise of any function or power by the chief executive or affects the responsibility of the chief executive for the actions of the entity acting under the delegation. Section 86(1) amended 7 August 2020 section 135 Public Service Act 2020
87: Transfer of functions and powers of chief executive
1: The chief executive may transfer 1 or more of the chief executive's functions or powers as an authorised agency under this Part to either of the entities specified in section 86(1)
2: Subsection (1) is subject to any prohibition against accepting a transfer of functions or powers that may be contained in the Act (if any) by or under which the entity is established.
3: The entity to which, or the chief executive to whom, functions or powers are to be transferred under this section—
a: must enter into a written agreement in respect of the transfer; and
b: may agree on the terms of the transfer.
4: An entity to which, or a chief executive to whom, a function or power is transferred under this section—
a: may perform the function or exercise the power as if the function were imposed, or the power were conferred, on that entity under this Act; and
b: may, unless the agreement in respect of the transfer provides otherwise, at any time, cancel the transfer in accordance with that agreement.
5: The chief executive may, at any time, change or revoke the transfer by written notice to the entity or chief executive concerned.
88: Effect of performance and exercise of functions and powers by chief executive
1: Subsection (2) applies to every document entered into, signed, or issued by the chief executive when performing functions or exercising powers under subpart 2
2: On and from the date on which the chief executive ceases to be an authorised agency in relation to the special housing area to which the document relates,—
a: any reference in the document to the chief executive must be read as a reference to the territorial authority of the district in which the special housing area falls or fell; and
b: the document has force and may be enforced as if it had been entered into, signed, or issued by or in favour of the territorial authority.
3: If a document is the subject of an application, request, or other matter at the date on which the chief executive ceases to be an authorised agency, subsection (2) applies from the date of completion of that matter.
4: Subsection (5) applies to any bond given to the chief executive in accordance with section 108A 222 sections 37 44
5: The bond and any associated security or guarantee—
a: must, from the date on which the chief executive ceases to be an authorised agency, be read as referring to the territorial authority of the district in which the qualifying development to which the bond relates falls; and
b: has force and may be enforced by that territorial authority as if it had been given or issued in favour of the territorial authority.
6: Every document referred to in this section (including a bond, security, or guarantee) must state clearly the effect of this section.
7: This provision must be read in conjunction with any regulations relating to the process to be followed for the purposes of this section. ATA panel
89: Accord territorial authority may appoint panel
1: An accord territorial authority may appoint persons to act as members of 1 or more accord territorial authority panels (an ATA panel
2: Each ATA panel must comprise no fewer than 3 members,—
a: one of whom is a member of the relevant local authority, community board, or local board; and
b: the remainder of whom are persons who, collectively, have knowledge of and expertise in relation to planning, design, and engineering and appropriate knowledge and experience relating to the Treaty of Waitangi (Te Tiriti o Waitangi) and tikanga Māori (Māori customary values and practices).
90: Delegation of functions and powers to ATA panel
1: An accord territorial authority may delegate its functions and powers as an authorised agency under this Act to an ATA panel, including its functions and powers under subpart 3
2: An accord territorial authority must not delegate its functions and powers under subpart 3
3: Subsection (2) does not prevent an accord territorial authority delegating to any person the power to do anything preliminary to a decision on a matter referred to in subpart 3
4: Where a regional council is an authorised agency under section 23(4) subpart 2 section 33 Regulations
91: Regulations
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing forms, procedures, requirements, and other matters, not inconsistent with this Act, in respect of applications for resource consents and the granting of resource consents under this Act, requests for plan changes and variations to proposed plans, and the making of plan changes and variations to proposed plans under this Act, including—
i: requiring applications, requests, or notices under this Act to be made or given in a prescribed manner:
ii: providing for the procedure to be followed in connection with any application, request, or notice under this Act or in connection with any proceeding before an authorised agency; and
b: prescribing processes for the purposes of section 88(7)
c: prescribing provisions of the Resource Management Act 1991
d: prescribing fees for lodging of appeals under section 79
e: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. Transitional provisions
92: Transitional provisions
The transitional provisions in Schedule 3 |
DLM5623500 | 2013 | Local Government Act 2002 Amendment Act 2013 | 1: Title
This Act is the Local Government Act 2002 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 Act 2002 principal Act 2013-12-05 Local Government Act 2002
4: Section 259J repealed (Application of Regulations (Disallowance) Act 1989 to standards incorporated by reference)
Repeal section 259J |
DLM3935402 | 2013 | Legal Services Amendment Act 2013 | 1: Title
This Act is the Legal Services 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 2 September 2013 Legal Services Amendment Act 2013 Commencement Order 2013
3: Principal Act amended
This Act amends the Legal Services Act 2011 OIC SR 2013/308 2013-09-02 Legal Services Act 2011 see section 2(1) This Act or parts of this Act can come into force earlier by OIC.
4: Interpretation
1: The definition of prescribed repayment amount section 4(1) sections 19(1) and 20 sections 20(1) and 21
2: Section 4(1) specified application
a: under section 47 in respect of certain proceedings before the Waitangi Tribunal; or
b: by a patient or proposed patient in respect of proceedings under the Mental Health (Compulsory Assessment and Treatment) Act 1992; or
c: by a care recipient or proposed care recipient in respect of proceedings under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or
d: in respect of proceedings under the Protection of Personal and Property Rights Act 1988; or
e: by a victim in respect of—
i: an inquest held by a coroner for the purposes of Part 3 of the Coroners Act 2006; or
ii: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)
iii: any victims' claims proceedings; or
f: to enable—
i: a person to apply for a protection order under Part 2 of the Domestic Violence Act 1995, or an order relating to property under Part 3 of that Act; or
ii: a person who has applied for an order described in subparagraph (i)
g: in respect of a proceeding under Part 2 or 3A of the Children, Young Persons, and Their Families Act 1989; or
h: in respect of a proceeding that is specified in section 7(1)(j) to (n) and that involves, or is connected with, the recognition of a person as a refugee or protected person user charge section 18A .
5: Proceedings for which legal aid may be granted: criminal matters
Section 6
c: proceedings before the New Zealand Parole Board that—
i: are held under section 27, 65, or 107 of the Parole Act 2002 (which relate to postponement orders, recall orders, and orders under section 107 of that Act); or
ii: otherwise concern an offender who is entitled, under section 49(3)(c) of the Parole Act 2002, to be represented by counsel in the proceeding:
d: proceedings in the High Court on an application under section 68 of the Parole Act 2002 (which relates to appeals against postponement orders, section 107 orders, and final recall orders).
6: When legal aid may be granted: civil matters
1: Section 10
2: The Commissioner must refuse to grant legal aid to an applicant whose income or disposable capital exceeds the relevant maximum level prescribed in regulations, unless the Commissioner is satisfied that there are special circumstances, having regard to—
a: the likely cost of the proceedings to the applicant; and
b: the applicant’s ability to fund the proceedings if legal aid is not granted.
2A: However, in the case of an application that comes within any of paragraphs (b) to (d) and (f) to (h) subsection (2) paragraph (a) or (b)
2: Section 10
3A: The Commissioner may, unless the interests of justice require otherwise, refuse to grant legal aid to an applicant if—
a: any amount payable by the applicant in respect of a repayment of a previous grant of legal aid is in arrears; and
b: the application made by the applicant does not come within any of paragraphs (b) to (d) and (f) to (h)
3: Section 10(6)(c
7: Decision on application for legal aid
Section 16
5: This section is subject to section 16A
8: New section 16A inserted
The following section is inserted after section 16
16A: Use of automated electronic systems for certain grants of legal aid
1: The Commissioner may use an automated electronic system to grant legal aid to a natural person if—
a: the person requires the grant for proceedings in respect of an offence punishable by a maximum term of imprisonment of not less than 6 months; and
b: neither the income nor the disposable capital of that person exceeds the relevant maximum level prescribed in the regulations.
2: A grant made in the manner authorised by subsection (1)
3: Where an error is made in a grant of legal aid made in the manner authorised by subsection (1)
4: Subsection (2) subsection (3)
5: A grant made in the manner authorised by subsection (1)
6: Every grant made in the manner authorised by subsection (1) subsection (7)
7: The Commissioner may from time to time, by notice in the Gazette subsection (1)
8: A notice under subsection (7)
9: Conditions on grant of legal aid
Section 18
7: This section does not apply to—
a: applications for legal aid that come within any of paragraphs (a) to (e)(ii)
b: applications for legal aid by a person of a class specified in regulations as exempted from the application of this section; or
c: applications for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of this section; or
d: a grant made in the manner authorised by section 16A(1)
e: applications for legal aid by a person who is charged with or convicted of a prescribed offence and to whom section 9(2) does not apply.
10: New section 18A inserted
The following section is inserted after section 18
18A: User charge payable by aided person
1: Every grant of legal aid for a civil matter, other than a grant to which subsection (4)
2: The condition relating to the user charge is satisfied once the user charge is paid and no further user charges are payable in respect of the grant to which the condition attaches.
3: The lead provider is authorised to receive the user charge from, or on behalf of, the aided person and may—
a: decline to provide any services under the grant of legal aid until the user charge under subsection (1)
b: if the user charge has not been paid but any services of that kind have been provided, recover the user charge from the aided person.
4: This section does not apply to—
a: a grant of legal aid made on a specified application; or
b: an application for legal aid by a person of a class specified in regulations as exempted from the application of this section; or
c: an application for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of this section.
5: A grant of legal aid is also within subsection (4)
11: Amount payable by aided person to Commissioner
1: Section 33 under the conditions in respect
2: Section 33 ; and
c: any interest payable under section 40
d: the amount of any expense reasonably incurred by the Commissioner for the purpose of enforcing or securing a debt payable to the Commissioner by the aided person, but only if the expense is of a kind specified by the regulations for the purposes of this paragraph.
12: Amounts payable under conditions of grant are debts due to Commissioner
1: The heading to section 34 under conditions in respect
2: Section 34
1: An amount payable to the Commissioner as a condition of a grant of legal aid (whether as an interim repayment or a repayment) and any other amount payable to the Commissioner in respect of the grant may be recovered in any court or tribunal of competent jurisdiction as a debt due to the Commissioner.
13: New section 40 substituted
Section 40
40: Interest on unpaid legal aid debt
1: Subsection (2) section 13 2013
2: An aided person must pay the Commissioner interest, calculated in accordance with, and at the rate or rates prescribed by, the regulations on any debt that is owed, during any period specified in the regulations, by the aided person to the Commissioner in respect of a grant of legal aid.
3: Subsection (4) prior debt 2013
4: The Commissioner may, by written notice, require the aided person to pay interest in respect of the prior debt (whether or not the person is in default), and then, as from the date stated in the notice for the purpose, subsection (2)
5: Despite subsection (2)
a: on any interim repayment; or
b: unless the regulations otherwise provide, on any interest.
6: The interest must be calculated and paid in accordance with the regulations.
7: Subsection (4) section 13 2013
14: New headings and sections 41A to 41J inserted
The following headings and sections are inserted after section 41 Deduction notices
41A: Interpretation
In this section and in sections 41B to 41J benefit
a: means a benefit within the meaning of the Social Security Act 1964; but
b: does not include—
i: an orphan's benefit payable under section 28 of the Social Security Act 1964; or
ii: an unsupported child's benefit payable under section 29 of that Act; or
iii: a child disability allowance payable under section 39A of that Act; or
iv: a disability allowance payable under section 69C of that Act deduction notice section 41B overdue amount
a: any part of an amount of that kind; and
b: an amount of that kind that may not be recovered by civil action in a court of law because of the Limitation Act 2010 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:
h: repayment of, or interest on, money held by a bank to the credit of an aided person (within the meaning of section 41E(3) third party 1957 No 87 ss 2(1), 79
41B: Deduction of overdue amounts
1: This section applies whenever the Commissioner has reminded an aided person in writing of the person's obligation to pay an overdue amount or has taken any other action to obtain payment of the overdue amount.
2: The Commissioner may issue, in writing, a deduction notice requiring 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 aided person, 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.
3: The Commissioner 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 Commissioner; and
c: the date on which the deduction notice takes effect, being a date not earlier than the date on which it was issued.
4: The Commissioner must give the aided person a copy of the deduction notice.
5: A deduction notice is revoked when the Commissioner notifies the third party in writing to that effect or issues a new deduction notice.
6: The Commissioner—
a: may revoke a deduction notice at any time:
b: must revoke the deduction notice if satisfied that the overdue amount has been paid.
7: Every deduction notice is subject to sections 41C to 41J 1964 No 136 s 86A
41C: Issue of deduction notice to State sector employer
In any case where an aided person is employed within a department (within the meaning of the State Sector Act 1988), a deduction notice may be issued to the chief executive of that department in respect of any salary or wages payable to the aided person. 1964 No 136 s 86B
41D: Discharge of obligation
In any case where a third party deducts, under a deduction notice, any money payable to an aided person, the aided person is, to the extent of the amount deducted, discharged from his or her obligation to pay the overdue amount. 1964 No 136 s 86C
41E: Deduction notices issued to banks
1: Where the third party is a bank, any money held by the bank to the credit of the aided person is subject to the provisions of section 41B
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 aided person
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 aided person 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 aided person if the money—
a: is held in a joint bank account in the name of the aided person and 1 or more other persons; and
b: can be withdrawn from the account by or on behalf of the aided person 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
41F: 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 aided person and any other person concerned; and neither the aided person nor that other person has any claim against the third party or the Commissioner or the Crown in respect of that deduction; and
b: on behalf of the Commissioner; and, without prejudice to any other remedies against the aided person or any other person, any amount deducted must be held in trust for the Commissioner and is a debt due to the Commissioner and may be recovered in any court or tribunal of competent jurisdiction.
2: A third party must, on request, give the aided person a statement in writing of any amount deducted, and of the purpose for which the deduction was made. 1964 No 136 s 86E
41G: 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 Commissioner within the time specified in the notice; or
c: permits payment to or on behalf of any person, other than the Commissioner, of any amount deemed to be held in trust for the Commissioner under section 41E or 41F
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
41H: Protected earnings
1: Despite anything in sections 41B to 41G
2: For the purposes of this section, the aided person's net ordinary weekly pay for a week is the balance left after deducting from the aided person'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 aided person by the employer in respect of a week.
3: For the purposes of this section, where deductions are required to be made from a payment of a kind described in any of paragraphs (b) to (d) section 41A
a: the payment is deemed to be salary or wages; and
b: the person required to make the payment is deemed to be the employer of the aided person. 1964 No 136 s 86G
41I: Penalty for late deductions
1: A third party is liable to pay to the Commissioner a penalty calculated in accordance with subsection (2)
a: deduct the amount required by the notice; or
b: pay any amount deducted under the notice to the Commissioner by the time specified in the notice.
2: The penalty referred to in subsection (1)
a: 10% of the amount in default 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 Commissioner, a further penalty of 2% of that amount or part of the amount or $1, whichever is the greater.
3: The Commissioner may, in his or her discretion, remit the whole or part of a penalty if he or she is 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 Commissioner decides to remit the whole or part of any penalty and any amount of the penalty has been paid under this section, the Commissioner may refund any excess.
5: An amount payable to the Commissioner under subsection (1) 1964 No 136 s 86I
41J: Notices given to third parties
The provisions of section 115 apply to a deduction notice given to a third party under section 41B 1964 No 136 s 86J Decisions not to recover debt, write-offs, and refunds .
15: Commissioner to refund excess payments
Section 44
2: In assessing the cost of services for the purposes of subsection (1)(b), any interest paid under section 40
16: Reconsideration
1: Section 51
1A: A lead provider whose claim has been declined under section 99(5)
2: Section 51(2) The application An application
17: Grounds for review
1: Section 52(2)
da: any decision to depart from, or to refuse to depart from, fees prescribed by regulations under section 114(1)(cc) .
2: Section 52
3A: A lead provider may apply to the Tribunal for a review of the Commissioner's reconsideration of a decision referred to in section 51(1A)
a: manifestly unreasonable; or
b: wrong in law.
18: Approval
Section 77(2) any
19: Review Authority established
1: Section 84(2) and may appoint 1 or more Deputy Review Authorities
2: Section 84(3) The person appointed as the Review Authority A person appointed under this section
20: New sections 87A and 87B inserted
The following sections are inserted after section 87
87A: Deputy Review Authority
1: A Deputy Review Authority appointed under section 84(2) has the functions, powers, duties, and immunities of the Review Authority and every reference to the Review Authority in sections 85 to 87 and in Part 3 of Schedule 3 is taken to include a reference to a Deputy Review Authority.
2: This section is subject to section 87B
87B: Scope of functions of Deputy Review Authority
1: A Deputy Review Authority may review decisions only if—
a: the Review Authority is absent from duty for any reason; or
b: there is a vacancy in the office of Review Authority; or
c: the Review Authority has assigned a decision or a class of decision to the Deputy Review Authority in the interests of avoiding—
i: delay; or
ii: the perception of, or any actual, conflict of interest or other impropriety.
2: If there are 2 or more Deputy Review Authorities, the Review Authority must nominate 1 Deputy Review Authority (the nominated deputy subsection (1)(c)
3: A nomination—
a: must be in writing; and
b: is revocable at any time, in writing, by the person who made it or by his or her successor in office; and
c: until revoked, continues in force according to its terms even if the person who made it has ceased to hold the office of Review Authority.
4: Despite subsection (1) subsection (1)
a: that Deputy Review Authority is the nominated deputy; or
b: the decision has been, or is part of a class of decision that has been, assigned to that Deputy Review Authority under subsection (1)(c)
5: The fact that a Deputy Review Authority purports to exercise or perform, or to have exercised or performed, any function, duty, or power under this section or under an assignment under subsection (1)(c) subsection (2)
21: Lead provider to claim for payment
Section 97(2)(a) , less the user charge required to be paid by the aided person provider
22: Secretary to refer claim to Commissioner for decision
Section 99
4: The Commissioner must decline—
a: any claim to the extent that it exceeds the maximum grant specified in the grant; and
b: where a claim or part of a claim is for, or is determined by the Commissioner to be for, work of a kind for which a fee is prescribed by regulations pursuant to section 114(1)(ca) section 114(1)(cc)
c: any claim to the extent to which it is for a disbursement of a type not approved for payment by the Commissioner; and
d: any claim or any part of a claim that has been determined to be excessive or inaccurate by an examination under subsection (2); and
e: if the user charge has not been paid by the aided person, an amount of the claim that is the equivalent of that charge.
5: The Commissioner may decline any claim that was not made in accordance with the time frame referred to in section 98.
23: Cancellation
1: Section 103(1)
c: the provider takes an unauthorised payment from or in respect of a person in relation to any legal aid service or specified legal service provided to that person: .
2: Section 103(4)(a) or will be deemed to have received it by virtue of section 115(2) receive the notice
3: Section 103
5: In any case where a notice of cancellation is posted to a person at the person's last known place of residence or business in New Zealand and the Secretary knows or believes that the address is no longer current, then—
a: the notice is not invalid merely because of that knowledge or belief; and
b: the fact that the person has not received the notice is, despite section 115(2), only relevant if it is proved that the failure occurred through no fault of the person.
24: Regulations
1: Section 114(1)
ca: prescribing fees, whether by specifying amounts or providing for 1 or more methods of calculating amounts, for items of work undertaken by providers for the purposes of proceedings (other than victims' claims proceedings) described in the regulations, which fees may differ depending on factors stated in the regulations, including, without limitation, 1 or more of the following:
i: the subject matter of the proceeding:
ii: the court or tribunal in which the proceeding or an application or a matter in the proceeding is to be determined:
cb: exempting, in accordance with subsection (8), any class of proceeding from any specified regulation made under paragraph (ca)
cc: providing for the Commissioner to authorise fees that depart from the fees prescribed under paragraph (ca) paragraph (cd)
cd: prescribing criteria for the purposes of any authorisation that the Commissioner is empowered to give under paragraph (cc) .
2: Section 114(1)
ea: prescribing the amount of the user charge, including different amounts for user charges relating to different classes of proceeding: .
3: Section 114(1)
ia: specifying kinds of expenses or payments for the purposes of section 33(d)
4: Section 114(1
k: prescribing the way or ways in which the interest under section 40 .
5: Section 114(1)(o)(ii) or 18A section 18
6: Section 114(1)
w: prescribing the time frame or time frames in which claims for payment for legal aid services or specified legal services may be made, and different time frames may be prescribed for different classes, stages, or levels of complexity of services provided: .
7: Section 114(2) including the calculation of interest, calculating amounts,
8: Section 114(5) to (7)
25: Service of notices, etc
Section 115(1)(b) and (c) or business of residence
26: Schedule 3 amended
Schedule 3
24: Vacation of office
1: The Review Authority may at any time be removed from office by the Minister for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Minister.
2: The Review Authority may at any time resign by written notice to the Minister.
3: The Review Authority ceases to hold office if he or she is adjudged bankrupt under the Insolvency Act 2006.
27: Transitional provision
1: In this section, amendment
2: An application for legal aid received by the Commissioner before an amendment to the principal Act by this Act comes into force must be considered and determined as if the amendment had not been made.
3: An amendment to the principal Act by this Act does not affect the administration of a grant of legal aid made before the amendment comes into force and the grant must be administered as if the amendment had not been made.
4: Despite subsection (3), section 10(3A) section 6(2) section 6(2)
5: Until the commencement of section 41 section 16A(8) section 8 section 16A(7) Regulations (Disallowance) Act 1989
6: Despite subsection (3) section 13
28: Liability for fee and expenses incurred in lodging prior caveats
1: This section applies where, in connection with a grant of legal aid made before the commencement of this section, a caveat (a prior caveat section 15(4) section 18(4)
2: The Commissioner may recover the fee for, and any expenses reasonably incurred in, lodging a prior caveat from the aided person as a debt due to the Commissioner, to the extent that the Commissioner or the Legal Services Agency has not previously been reimbursed for the fee and the expenses.
3: No payment made to the Commissioner or the Legal Services Agency in reimbursement of the fee for, and any expenses reasonably incurred in, lodging a prior caveat may be recovered or claimed by way of set-off. |
DLM5616600 | 2013 | Family Courts Amendment Act 2013 | 1: Title
This Act is the Family Courts 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 Family Courts Amendment Act 2013 Commencement Order 2014
3: Principal Act
This Act amends the Family Courts Act 1980 principal Act OIC LI 2014/92 2014-03-31 Family Courts Act 1980 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council.
4: New sections 9A to 9C inserted
After section 9
9A: Duty of lawyers to promote conciliation
1: A lawyer acting for a party in any proceeding in the Family Court must, so far as possible, promote conciliation.
2: In subsection (1) party
9B: Role of lawyer appointed to represent child or young person in proceedings
1: The role of a lawyer who is appointed to represent a child or young person in proceedings is to—
a: act for the child or young person in the proceedings in a way that the lawyer considers promotes the welfare and best interests of the child or young person:
b: ensure that any views expressed by the child or young person to the lawyer on matters affecting the child or young person and relevant to the proceedings are communicated to the court:
c: assist the parties to reach agreement on the matters in dispute in the proceedings to the extent to which doing so is in the best interests of the child or young person:
d: provide advice to the child or young person, at a level commensurate with that child's or young person's level of understanding, about—
i: any right of appeal against a decision of the court; and
ii: the merits of pursuing any such appeal:
e: undertake any other task required by or under any other Act.
2: To facilitate the role set out in subsection (1)(b)
3: However, subsection (2)
4: A lawyer appointed to represent a child or young person in proceedings may—
a: call any person as a witness in the proceedings:
b: cross-examine witnesses called by any party to the proceedings or by the court.
9C: Role of lawyer appointed to assist court
1: The role of a lawyer who is appointed to assist the court in proceedings is to—
a: provide independent legal advice to the court on any complex factual or legal issue requested by the court:
b: offer an impartial perspective in relation to any issue arising in the proceedings:
c: undertake any other task required by or under any other Act.
2: A lawyer appointed to assist the court in proceedings may—
a: call any person as a witness in the proceedings:
b: cross-examine witnesses called by any party to the proceedings or by the court.
5: New section 12A inserted (Evidence)
After section 12
12A: Evidence
1: This section applies to a proceeding—
a: under an Act specified in subsection (2)
b: in a court described in subsection (3)
2: The Acts referred to in subsection (1)(a)
a: Adoption Act 1955:
b: Care of Children Act 2004:
c: Child Support Act 1991:
d: Children, Young Persons, and Their Families Act 1989:
e: Domestic Violence Act 1995:
f: Family Proceedings Act 1980:
g: Property (Relationships) Act 1976:
h: Protection of Personal and Property Rights Act 1988.
3: The courts referred to in subsection (1)(b)
a: a Family Court:
b: a District Court that has concurrent jurisdiction with a Family Court:
c: a District Court acting under section 15:
d: a District Court hearing a proceeding under section 151 of the Children, Young Persons, and Their Families Act 1989:
e: any other court hearing a proceeding that is—
i: under an Act specified in subsection (2)
ii: not a criminal proceeding; and
iii: one in which the court receives evidence or further evidence.
4: The effect of section 5(3) of the Evidence Act 2006 is that that Act applies to the proceeding. However, the court hearing the proceeding may receive any evidence, whether or not admissible under the Evidence Act 2006, that the court considers may assist it to determine the proceeding.
6: Section 16B amended (Regulations)
1: In the heading to section 16B Regulations relating to court fees
2: Repeal section 16B(1)(g)
7: New section 16D inserted (Regulations relating to payments to professionals)
After section 16C
16D: Regulations relating to payments to professionals
Fees and expenses for lawyers for child and lawyers to assist court
1: In subsections (2) to (5), lawyer
a: a lawyer appointed under any of the following provisions to represent a child or young person:
i: section 7 of the Care of Children Act 2004:
ii: section 226 of the Child Support Act 1991:
iii: section 159 of the Children, Young Persons, and Their Families Act 1989:
iv: section 81(1)(b) of the Domestic Violence Act 1995:
v: section 162 of the Family Proceedings Act 1980:
vi: section 37A of the Property (Relationships) Act 1976; or
b: a lawyer appointed under any of the following provisions to assist the court:
i: section 130 of the Care of Children Act 2004:
ii: section 226A of the Child Support Act 1991:
iii: section 160 of the Children, Young Persons, and Their Families Act 1989:
iv: section 81(1)(a) of the Domestic Violence Act 1995:
v: section 162A of the Family Proceedings Act 1980:
vi: section 65A of the Protection of Personal and Property Rights Act 1988.
2: The Governor-General may, from time to time, by Order in Council, make regulations for determining—
a: the fees payable to a lawyer in respect of the lawyer's appointment:
b: the expenses payable to a lawyer in respect of the lawyer's appointment.
3: Regulations under subsection (2)(a) may—
a: prescribe the maximum hourly rate or rates for the fee payable, and different rates may be prescribed depending on—
i: the complexity of the proceedings:
ii: the number of proceedings in which the lawyer is engaged during a specified period:
b: prescribe the maximum number of hours for which the fee is payable, and different numbers of hours may be prescribed depending on—
i: the complexity of the proceedings:
ii: the number of proceedings in which the lawyer is engaged during a specified period:
c: provide that any rate prescribed under paragraph (a), or any number of hours prescribed under paragraph (b), or both, may be increased by the court in a particular proceeding if the court is satisfied that the increase is justified because of exceptional circumstances.
4: If no regulations are made under subsection (2)(a) in respect of any lawyer, the fees payable to that lawyer are to be determined by the Registrar of the court.
5: Regulations under subsection (2)(b) may prescribe—
a: the types of expenses for which a lawyer may claim reimbursement:
b: the rate of reimbursement of those expenses:
c: the circumstances in which expenses may be reimbursed. Fees and expenses for report writers under Care of Children Act 2004
6: In subsections (7) to (10), report writer
a: a person who prepares a cultural report when requested to do so under section 133(2) of the Care of Children Act 2004:
b: a person who prepares a medical report when requested to do so under section 133(2) of the Care of Children Act 2004:
c: a person who prepares a psychiatric report when requested to do so under section 133(2) of the Care of Children Act 2004:
d: a person who prepares a psychological report when requested to do so under section 133(5) of the Care of Children Act 2004.
7: The Governor-General may, from time to time, by Order in Council, make regulations for determining—
a: the fees payable to a report writer for doing either or both of the following:
i: preparing a report:
ii: attending as a witness in the proceedings for which the report writer prepared the report:
b: the expenses payable to a report writer for doing either or both of the following:
i: preparing a report:
ii: attending as a witness in the proceedings for which the report writer prepared the report.
8: Regulations under subsection (7)(a) may—
a: prescribe the maximum hourly rate or rates for the fee payable, and different rates may be prescribed depending on—
i: the type of report:
ii: the complexity of the proceedings:
iii: the number of proceedings in which the report-writer is engaged during a specified period:
b: prescribe the maximum number of hours for which the fee is payable, and different numbers of hours may be prescribed depending on—
i: the type of report:
ii: the complexity of the proceedings:
iii: the number of proceedings in which the report-writer is engaged during a specified period:
c: provide that any rate prescribed under paragraph (a), or any number of hours prescribed under paragraph (b), or both, may be increased by the court in a particular proceeding if the court is satisfied that the increase is justified because of exceptional circumstances.
9: If no regulations are made under subsection (7)(a) in respect of any report writer, the fees payable to that report writer are to be determined by the Registrar of the court.
10: Regulations under subsection (7)(b) may prescribe the following:
a: the types of expenses for which a report writer may claim reimbursement:
b: the rate of reimbursement of those expenses:
c: the circumstances in which expenses may be reimbursed.
8: Section 17 amended (Certain enactments amended)
Repeal section 17(2)
9: New section 17A inserted (Repeals)
After section 17
17A: Repeals
The following provisions are repealed:
a: section 24 of the Adoption Act 1955:
b: section 128 of the Care of Children Act 2004:
c: section 228 of the Child Support Act 1991:
d: section 195 of the Children, Young Persons, and Their Families Act 1989:
e: section 84 of the Domestic Violence Act 1995:
f: sections 4 and 5 of the Family Courts Amendment Act 2008:
g: section 164 of the Family Proceedings Act 1980:
h: section 36 of the Property (Relationships) Act 1976:
i: section 77 of the Protection of Personal and Property Rights Act 1988. OIC LI 2014/92 2014-03-31 Adoption Act 1955 Care of Children Act 2004 Child Support Act 1991 Children, Young Persons, and Their Families Act 1989 Domestic Violence Act 1995 Family Courts Amendment Act 2008 Family Proceedings Act 1980 Property (Relationships) Act 1976 Protection of Personal and Property Rights Act 1988 Consequential amendments. Unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council |
DLM4034212 | 2013 | Members of Parliament (Remuneration and Services) Act 2013 | 1: Title
This Act is the Members of Parliament (Remuneration and Services) Act 2013.
2: Commencement
1: This Act (except sections 39 to 42
2: Sections 39 to 42
1: Preliminary provisions
3: Purposes
1: The primary purpose of this Act is to ensure that the House of Representatives and its members are properly supported in a way that maintains confidence in the integrity of Parliament.
2: To that end, the other purposes of this Act include—
a: providing for the remuneration of members of Parliament; and
b: ensuring that members of Parliament are provided with the services that they require to enable them to carry out their roles and functions; and
c: establishing an efficient and effective system for determining the services to be provided to members of Parliament; and
d: providing for travel services for family members of members of Parliament.
4: Overview of this Act
1: Part 1 deals with preliminary matters, including the purposes of the Act, interpretation, and the application of the Act to the Crown.
2: Part 2
3: Part 3
a: services that must be determined by the Remuneration Authority, namely,—
i: all accommodation services for members of Parliament and qualifying electoral candidates (except certain international accommodation services funded from party and member support funding, accommodation services for members of Parliament nominated to participate in the political exchange programme, and accommodation services for members of Parliament participating in the official inter-parliamentary relations programme); and
ii: in respect of Ministers, accommodation services within New Zealand that are additional or alternative to the accommodation services determined for members of Parliament; and
iii: all travel services for family members of members of Parliament; and
b: directions that must be issued by the Speaker in respect of the entitlements to travel services of members of Parliament and qualifying electoral candidates; and
c: directions that must be issued by the Speaker in respect of other services and funding, namely,—
i: administrative and support services that must be provided to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates; and
ii: communications services for members of Parliament and qualifying electoral candidates; and
iii: funding appropriated as party and member support funding for members of Parliament, parties, and qualifying electoral candidates; and
iv: travel services in respect of members of Parliament participating in the political exchange programme; and
d: travel and accommodation services that must be determined by the Speaker in respect of members of Parliament participating in the official inter-parliamentary relations programme; and
e: services that the Minister Responsible for Ministerial Services must determine in respect of Ministers, namely travel services within New Zealand that are additional or alternative to the entitlements of members of Parliament to travel services provided for in directions issued by the Speaker.
4: Part 4 Schedules 2 3 Civil List Act 1979
5: This section is only a guide to the general scheme and effect of this Act.
5: Interpretation
In this Act, unless the context otherwise requires,— accommodation services
a: the payment of money or an allowance for those services; and
b: any other means of meeting the accommodation needs or obligations of the person; and
c: additional costs that are associated with, or incidental to, accommodation of the person that are not provided for as part of any other entitlement of the person (whether under Part 2 3 allowance section 2 Assistant Speaker authorised person section 46 Chief Executive corrupt practice section 40 declaration day section 40 department responsible for Ministerial Services dependent child
a: who is being maintained as a member of the person's family; and
b: in respect of whom the person either is the sole or principal provider of ongoing daily care or shares ongoing daily care substantially equally with another person; and
c: who is under 18 years of age; and
d: who is not living with another person in a marriage, civil union, or de facto relationship Deputy Speaker electioneering section 3 family member
a: a spouse or partner of the person:
b: a child or stepchild of the person, if that child or stepchild is under 18 years of age:
c: a dependent child of the person Minister Minister Responsible for Ministerial Services ordinary member of Parliament partner party polling day publicly available qualifying electoral candidate Schedule 1 Remuneration Authority section 4(1) Speaker term of Parliament section 17 travel services
a: the payment of money or an allowance for those services; and
b: any other means of meeting the travel needs or obligations of the person; and
c: additional costs that are associated with, or incidental to, travel by the person that are not provided for as part of any other entitlement of the person (whether under Part 2 3 Section 5 Chief Executive inserted 24 October 2019 section 106 Statutes Amendment Act 2019 Section 5 General Manager repealed 24 October 2019 section 106 Statutes Amendment Act 2019
6: Act binds the Crown
This Act binds the Crown.
7: Application of certain provisions of Remuneration Authority Act 1977 to certain functions of Remuneration Authority
Sections 8(3) to (7) 9 21(1) 25(1) and (3) 29 Part 3 sections 41 44
2: Salaries and allowances of members of Parliament
8: Remuneration Authority to determine salaries and allowances
1: The Remuneration Authority must determine the salaries and allowances to be paid to members of Parliament.
2: The salaries and allowances may differ according to—
a: the office that the member of Parliament holds; or
b: the electorate the member represents; or
c: any other considerations that the Remuneration Authority may determine.
3: This section must be read in conjunction with section 16(2)
4: Expenses may be incurred, without further appropriation than this section, to meet the salaries and allowances determined under this section and payments under section 45(2) and (3)
5:
6: A determination under this section is secondary legislation ( see Part 3 1979 No 33 s 16 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 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(5) repealed 20 December 2019 section 11 Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 Section 8(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: How salaries and allowances determined
1: The salaries and allowances under section 8 section 12 see sections 16 17A to 19
2: The Chief Executive section 8 Chief Executive section 16(1)(a)(iv) Section 9(2) amended 24 October 2019 section 106 Statutes Amendment Act 2019
10: Period for which salaries and allowances of members of Parliament payable
1: The salary and allowance of each member of Parliament are payable for the period—
a: starting on the day after polling day for the election at which the member is elected; and
b: ending on the earlier of the following days:
i: polling day for the next general election of members of Parliament:
ii: the day on which the member's seat becomes vacant.
2: Subsection (1)(a) does not apply if—
a: a member is returned at a by-election that is not contested; or
b: a person is declared to be elected to fill a vacancy in the seat of a member elected from a party list.
3: The salary and allowance of a member elected in either of the circumstances referred to in subsection (2) are payable starting on the day that the Electoral Commission publicly declares the member to be elected in accordance with the Electoral Act 1993
4: This section is subject to section 11 1979 No 33 s 18(1), (2)
11: Additional salary payable for 3 months if member does not stand or is not re-elected at general election
1: This section applies to a person who—
a: is a member of Parliament immediately before the dissolution of a Parliament; and
b: is not a candidate at the next general election or is an unsuccessful candidate at that general election.
2: A salary is payable to a person to whom this section applies, starting on the day after the day on which the person's salary ceases to be payable under section 10
a: on the day that is 3 months after polling day; or
b: if the person sooner dies, on the date of the death; or
c: if the person is sooner declared to be elected as a member of Parliament following a by-election or a vacancy in the seat of a member elected from a party list, on the day before the day that the Electoral Commission publicly declares the member to be elected in accordance with the Electoral Act 1993
3: The salary is payable at the following rate:
a: if the person held office as Speaker or Deputy Speaker on polling day,—
i: for the period starting on the day after polling day and ending on the day of the first meeting of the House of Representatives after the general election, at the rate at which the salary determined under section 8
ii: for the period starting on the day after the first meeting of the House of Representatives and ending on the day 3 months after polling day, at the rate at which the salary determined under section 8
b: if the person was a Minister or a Parliamentary Under-Secretary,—
i: for the period starting on the day after polling day and ending on the day that the person ceases to hold that office, at the rate at which the salary determined under section 8
ii: for the period starting on the day after the person ceases to hold that office and ending on the day 3 months after polling day, at the rate at which the salary determined under section 8
c: if paragraph (a) or (b) does not apply to the person, at the rate at which the salary determined under section 8 1979 No 33 s 18(3)
12: Salaries and allowances payable in case of election petition
1: Subsections (2) and (3) apply if there is a trial of an election petition and at the end of the trial the High Court or the Court of Appeal determines—
a: that a person elected or returned was not duly elected or returned; or
b: that the election at which a person was elected or returned was void.
2: If this subsection applies, the person elected or returned must be paid the salary and allowance that he or she would have been entitled to if he or she had been duly elected or returned as a member of Parliament.
3: The salary and allowance are payable for the period—
a: starting on the day after polling day; and
b: ending on the earlier of the following days:
i: the day on which the House of Representatives gives directions under section 246(2)
ii: the day on which the seat becomes vacant.
4: Subsection (5) applies if,—
a: at the end of the trial of an election petition, the High Court or the Court of Appeal determines that a person other than the person who was elected or returned was duly elected; and
b: the return is altered in accordance with section 246(2)
5: If this subsection applies, the person declared elected or returned must be paid the salary and allowance that he or she would have been entitled to if that person's name had been endorsed on the writ or return when it was first returned. 1979 No 33 s 19
13: Deductions from payments if member absent from House of Representatives
1: The payment of salaries to members of Parliament under this Act is subject to this section and section 14
2: If the number of sitting days in a calendar year that a member of Parliament has been absent from the House of Representatives since the start of that year totals 3 (calculated from the beginning of the first day of the calendar year), then for the fourth and each subsequent sitting day on which the member is absent during the calendar year, an amount calculated in accordance with the following formula must be deducted from the member's gross salary: a × b where— a is 0.2% b is the gross yearly salary payable to that member as at the date of the member's absence.
3: Before a deduction is made, the Speaker must certify that—
a: the circumstances described in subsection (2) apply to a member; and
b: the member's gross salary may be deducted in accordance with that subsection.
4: Subject to subsection (3), the deduction must be made as soon as practicable after the sitting day on which the member is absent.
5: A member is not to be treated as being absent on any day on which the member is absent in accordance with the rules of the House of Representatives. 1979 No 33 s 20
14: Deductions from payments if member suspended from service of House of Representatives
1: If the House of Representatives suspends a member from the service of the House, an amount must be deducted from the member's gross yearly salary for each day that the member is suspended.
2: The amount to be deducted must be calculated in accordance with the following formula: a × b where— a is 0.2% b is the gross yearly salary payable as at the date of each day that the member is suspended.
3: Before a deduction is made, the Speaker must certify that—
a: a member has been suspended from the House; and
b: the member is suspended for a specified period (which must be stated in the certificate); and
c: the member's gross salary may be deducted in accordance with subsections (1) and (2).
4: Subject to subsection (3), the deduction must be made as soon as practicable after the day that the member is suspended.
15: No payments for period that person receives salary as head of post or head of mission
Despite anything in this Part, if a person receives a salary as head of mission or head of post (within the meaning of the Foreign Affairs Act 1988 Part 3 1979 No 33 s 21A
3: Services for members of Parliament
16: Principles
1: In making a determination or issuing directions under this Part, the Remuneration Authority, the Speaker, and the Minister Responsible for Ministerial Services must have regard to the following principles:
a: that the entitlements of members of Parliament and Ministers to support services should be determined in a way that—
i: recognises the need for public understanding of the work of those persons and their parties and the services they require to enable them to carry out their roles and functions; and
ii: facilitates the delivery of support services in an efficient and effective manner; and
iii: recognises the need to be fair to the taxpayer; and
iv: promotes transparency in relation to the allocation and use of public money to provide the support services necessary for members of Parliament, Ministers, and parties to carry out their respective roles and functions; and
v: maintains confidence in the integrity of Parliament; and
vi: maintains the independence of the Remuneration Authority:
b: that entitlements to services should be determined in a way that has regard to the particular requirements of any members of Parliament with physical or sensory impairments:
c: that, if changes to services provided increase or decrease any element of remuneration or other private benefit, the value of that increase or decrease should be taken into account by the Remuneration Authority in determining salaries under Part 2
d: that entitlements to services should be—
i: clearly defined so that decisions about whether a person or party is eligible for an entitlement can easily be made; and
ii: determined in a way that is consistent with the objectives of efficient and effective delivery of services; and
iii: simple to administer.
2: If an entitlement to a service under a determination made by the Remuneration Authority under section 17 section 23 section 34 section 27
a: the Remuneration Authority, the Speaker, or the Minister Responsible for Ministerial Services, as the case may be, must—
i: consult the Commissioner of Inland Revenue about the taxation consequences of that entitlement; and
ii: assess the value of the benefit; and
iii: include in the determination or direction a statement of the value assessed under subparagraph (ii); and
b: the value must be taken into account by the Remuneration Authority in determining the salaries and allowances of the relevant members of Parliament or Ministers under section 8
c: the Remuneration Authority must include in its determination of the salaries and allowances under section 8 Section 16(1)(c) replaced 20 March 2015 section 11(1) Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015 (2015 No 5). Section 16(2)(a)(iii) inserted 20 March 2015 section 11(2) Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015 (2015 No 5). Section 16(2)(b) replaced 20 December 2019 section 12 Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2019 Section 16(2)(c) replaced 20 March 2015 section 11(3) Remuneration Authority (Members of Parliament Remuneration) Amendment Act 2015 (2015 No 5). Services determined by Remuneration Authority
17: Services to be determined by Remuneration Authority
1: The Remuneration Authority must determine—
a: the entitlements of members of Parliament and qualifying electoral candidates to all accommodation services within New Zealand; and
b: the entitlements of Ministers to all accommodation services within New Zealand that are additional or alternative to the accommodation services determined for members of Parliament under paragraph (a); and
c: the entitlements of family members of members of Parliament, Ministers, and qualifying electoral candidates to travel services within New Zealand; and
d: the extent (if at all) to which services may continue to be provided under paragraphs (a) to (c) after a member of Parliament vacates his or her seat or, in the case of a Minister, ceases to be a member of the Executive Council, for 1 or more of the following purposes:
i: enabling the member to attend to matters associated with leaving Parliament:
ii: enabling the Minister to attend to matters associated with passing on his or her ministerial responsibilities:
iii: ensuring the efficient and effective use of public resources.
2: The accommodation services that the Remuneration Authority must determine under subsection (1) do not include—
a: accommodation services in respect of members of Parliament participating in the political exchange programme ( see section 23(1)(f)
b: international accommodation services in respect of members of Parliament travelling for parliamentary purposes where the costs of those accommodation services are met from the party and member support funding appropriated in respect of the party of the member undertaking the travel and are a charge against the leadership funding allocation ( see section 23(3)
c: accommodation services in respect of the official inter-parliamentary relations programme ( see section 34
d: international accommodation services in respect of Ministers.
3: A determination 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 It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 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 17(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
18: Procedure for Remuneration Authority's determinations
1: Before making a determination under section 17
a: seek advice from the Speaker about—
i: the accommodation services to be provided for members of Parliament and qualifying electoral candidates; and
ii: the entitlements of family members of members of Parliament, or of family members of qualifying electoral candidates, to travel services within New Zealand; and
b: seek advice from the Minister Responsible for Ministerial Services about the additional or alternative—
i: accommodation services within New Zealand to be provided for Ministers; and
ii: travel services within New Zealand to be provided for family members of Ministers; and
c: after complying with paragraphs (a) and (b), prepare a draft determination; and
d: give members of Parliament and Ministers a reasonable opportunity to consider the draft determination and be heard on it; and
e: consult the Commissioner of Inland Revenue about the taxation consequences of the proposed determination.
2: The Authority must have regard to, but is not bound by, any advice given by the Speaker or the Minister under subsection (1).
19: Remuneration Authority may require information and obtain independent advice
The Remuneration Authority may, at any time in the course of preparing a determination under this Part,—
a: require the Clerk of the House of Representatives, the Chief Executive
b: obtain advice from any professional adviser or other person whose background or experience the Authority considers may assist it in making its determination. Section 19(a) amended 24 October 2019 section 106 Statutes Amendment Act 2019
20: Publication of Remuneration Authority's determinations
1: The Remuneration Authority must give a copy of every determination made by it under section 17
a: the Prime Minister:
b: the Speaker:
c: the Leader of the Opposition:
d: the Minister Responsible for Ministerial Services:
e: the chief executive of the department responsible for Ministerial Services:
f: the Chief Executive
2: Section 20(1)(f) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 20(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
21: Resolution of issues about Remuneration Authority's determinations
1: The Remuneration Authority must prescribe procedures for resolving issues that arise about how any provision of a determination made under section 17
a: procedures that provide for the participation of the Chief Executive
b: procedures that provide for the participation of the chief executive of the department responsible for Ministerial Services or the person nominated by the chief executive as his or her representative for the purposes of this section, in respect of issues concerning entitlements of Ministers or family members of Ministers; and
c: procedures that are required to be followed before any issue may be referred to the Authority for final determination under subsection (3).
2: If it is not possible to resolve an issue by agreement under the resolution procedures prescribed under subsection (1), that issue may be referred to the Remuneration Authority for final determination.
3: On receiving a referral under subsection (2), the Remuneration Authority must—
a: satisfy itself that all procedures for resolving that issue have been followed in accordance with subsection (1) and that it has not been possible to resolve the issue by agreement under those procedures; and
b: make a final determination on the issue about how the provision of the determination is to be interpreted or applied or is to operate; and
c: as soon as practicable, communicate that determination to the Chief Executive
4: This section is subject to section 3E 1977 No 110 s 12(1)(bb) Section 21(1)(a) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 21(3)(c) amended 24 October 2019 section 106 Statutes Amendment Act 2019
22: Permanent appropriations for services determined by Remuneration Authority
1: Expenses may be incurred, without further appropriation than this subsection, to provide the services determined by the Remuneration Authority under section 17
2: Expenses may be incurred, without further appropriation than this subsection, to provide the services determined by the Remuneration Authority under section 17 Services and funding subject to Speaker's directions
23: Services and funding subject to Speaker's directions
1: The Speaker must issue directions that set out—
a: the entitlements of members of Parliament and qualifying electoral candidates to travel services, including the extent (if at all) to which travel services may continue to be provided after a member of Parliament vacates his or her seat for the purpose of enabling the member to attend to matters associated with leaving Parliament; and
b: the administrative and support services that must be provided to members of Parliament, parties, and qualifying electoral candidates to support their parliamentary operations; and
c: the entitlements of members of Parliament and qualifying electoral candidates to communications services (other than services including electioneering), including the extent (if at all) to which communications services may continue to be provided after a member of Parliament vacates his or her seat for either or both of the following purposes:
i: enabling a member to attend to matters associated with leaving Parliament:
ii: ensuring the efficient and effective use of public resources; and
d: how each appropriation made by Appropriation Acts for party and member support funding is allocated; and
e: how party and member support funding must be administered, including what party and member support funding may be used for and the requirements that must be met before payments may be made against claims to entitlements to that funding; and
f: the entitlements to travel services of members of Parliament and employees of the Parliamentary Service nominated to participate in the political exchange programme.
2: The Speaker's directions must not allow for accommodation services for a member of Parliament to be provided from party and member support funding or to be provided as services under subsection (1)(b), except as provided in subsection (3).
3: The Speaker's directions may allow for the costs of international travel and international accommodation services for a member of Parliament travelling for parliamentary purposes, and the costs specified in subsection (4), to be met from the party and member support funding appropriated for that member's party as a charge against the leadership funding allocation.
4: The specified costs for the purposes of subsection (3) are the costs of international travel and international accommodation services for a spouse or partner of a party leader who accompanies the party leader when he or she is travelling for parliamentary purposes.
5: Directions under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must make it available, at all reasonable times, on the Internet site of Parliament 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 23(1)(a) replaced 17 December 2016 section 66 Statutes Amendment Act 2016 Section 23(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
24: Procedure for Speaker's directions
Before issuing directions under section 23
a: take into account any relevant advice given by the Parliamentary Service Commission under section 14(1)
b: consult the Minister Responsible for Ministerial Services; and
c: consult the Remuneration Authority; and
d: consult the Commissioner of Inland Revenue about the taxation consequences of the proposed directions.
25: Publication of Speaker's directions
Section 25 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
26: Resolution of issues about Speaker's directions
1: The Speaker must prescribe procedures for resolving issues that arise about how any provision of the directions issued under section 23
a: procedures that provide for the participation of the Chief Executive
b: procedures that are required to be followed before an issue may be referred to the Speaker for final determination under subsection (3).
2: If it is not possible to resolve an issue by agreement under the resolution procedures prescribed under subsection (1), that issue may be referred to the Speaker for final determination.
3: On receiving a referral under subsection (2), the Speaker must—
a: satisfy himself or herself that all procedures for resolving that issue have been followed in accordance with subsection (1) and that it has not been possible to resolve the issue by agreement under those procedures; and
b: make a final determination on the issue about how the provision of the directions is to be interpreted or applied or is to operate; and
c: as soon as practicable, communicate that determination to the Chief Executive
4: This section is subject to section 3E Section 26(1)(a) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 26(3)(c) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Services determined by Minister Responsible for Ministerial Services
27: Services to be determined by Minister Responsible for Ministerial Services
1: The Minister Responsible for Ministerial Services must determine the entitlements of Ministers to all travel services within New Zealand that are additional or alternative to the entitlements to travel services for members of Parliament set out in the directions issued by the Speaker under section 23
2: A determination 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 make it available, at all reasonable times, on the Internet site of Parliament 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 27(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
28: Procedure for Minister's determination
Before making a determination under section 27
a: consult the Speaker; and
b: consult the Remuneration Authority; and
c: consult the Commissioner of Inland Revenue about the taxation consequences of the proposed directions.
29: Publication of Minister's determination
Section 29 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
30: Resolution of issues about Minister's determinations
1: The Minister Responsible for Ministerial Services must prescribe procedures for resolving issues that arise about how any provision of a determination made under section 27
a: procedures that provide for the participation of the chief executive of the department responsible for Ministerial Services or the person nominated by the chief executive as his or her representative for the purposes of this section; and
b: procedures that are required to be followed before any issue may be referred to the Minister for final determination under subsection (3).
2: If it is not possible to resolve an issue by agreement under the resolution procedures prescribed under subsection (1), that issue may be referred to the Minister Responsible for Ministerial Services for final determination.
3: On receiving a referral under subsection (2), the Minister must—
a: satisfy himself or herself that all procedures for resolving that issue have been followed in accordance with subsection (1) and that it has not been possible to resolve the issue by agreement under those procedures; and
b: make a final determination on the issue about how the provision of the determination is to be interpreted or applied or is to operate; and
c: as soon as practicable, communicate that determination to the chief executive of the department responsible for Ministerial Services. General provisions relating to services
31: Conversion of entitlements
1: This section applies if, in respect of a particular activity,—
a: a member of Parliament is entitled to an accommodation service under a determination made by the Remuneration Authority under section 17(1)(a) section 17(1)(c)
b: the cost of doing the activity in a different way is less than the cost of the entitlement under that determination.
2: If this section applies, the Chief Executive
3: Before granting approval under subsection (2), the Chief Executive
4: The Chief Executive section 17(1)(a) or (c) Chief Executive
5: Subsections (1) to (4) apply, with all necessary modifications, to—
a: entitlements to accommodation services of Ministers and travel services of family members of Ministers under a determination made by the Remuneration Authority under section 17(1)(b) or (c) section 27 Chief Executive
b: entitlements to services under directions issued by the Speaker under section 23 Section 31(2) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 31(3) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 31(4) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 31(5)(a) amended 24 October 2019 section 106 Statutes Amendment Act 2019
32: Frequency of adjustments
1: The Remuneration Authority must make a determination under section 17
2: The Authority must consult the Speaker and the Minister Responsible for Ministerial Services at the beginning of each term about the proposed timing of its determination for that term.
3: A determination continues in force until it is superseded by another determination made in accordance with subsection (1).
4: The Remuneration Authority may amend a determination at any time while it is in force—
a: to remedy a defect or remove an ambiguity; or
b: to deal with a new matter that was not dealt with at the time the determination was made; or
c: if the Authority is satisfied that in all the circumstances there are particular and special reasons that justify amending the determination.
5: Subsections (1) to (4) apply, with all necessary modifications, to directions of the Speaker issued under section 23 section 27
6: However, in addition to the powers of amendment in subsection (4), the Speaker may amend directions issued under section 23 section 27
a: to deal with matters arising from changes that occur from year to year in the amounts appropriated in Appropriation Acts for services and party and member support funding; or
b: to ensure the adequacy of the travel, administrative, and support services for members of Parliament, parties, and qualifying electoral candidates, or, as the case may be, travel services for Ministers.
7: An amendment under this section to a determination or to directions is secondary legislation ( see Part 3 1977 No 110 s 19(3), (4) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section by the Remuneration Authority. Legislation Act 2019 requirements for secondary legislation made under this section by the Remuneration Authority Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 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. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section by the Speaker or Minister. Legislation Act 2019 requirements for secondary legislation made under this section by the Speaker or Minister Publication The maker must make it available, at all reasonable times, on the Internet site of Parliament 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 32(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
33: Quarterly reports on travel and accommodation expenses
1: The Chief Executive
a: the total expenses incurred against the appropriation in section 22(1) section 17
b: the total expenses incurred to provide each category of travel service directed by the Speaker under section 23(1)(a)
c: the total expenses incurred to provide the travel services directed by the Speaker under section 23(1)(f)
d: the total expenses incurred to provide the international travel and international accommodation services directed by the Speaker under section 23(3)
2: The chief executive of the department responsible for Ministerial Services must, as soon as practicable after the end of each quarter, prepare and make publicly available a report setting out, in respect of each Minister,—
a: the total expenses incurred against the appropriation in section 22(2) section 17
b: the total expenses incurred to provide each category of travel service determined by the Minister Responsible for Ministerial Services under section 27 Section 33(1) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Services in respect of official inter-parliamentary relations programme
34: Services in respect of official inter-parliamentary relations programme to be determined by Speaker
1: The Speaker must determine the entitlements to travel and accommodation services in respect of members of Parliament participating in the official inter-parliamentary relations programme.
2: Before making a determination under this section, the Speaker must consult the Commissioner of Inland Revenue about the taxation consequences of the proposed determination.
3: A determination made under this section may be made or amended at any time.
4: In this section and section 35 travel and accommodation services
a: the payment of money for those services; and
b: additional costs that are associated with, or incidental to, travel or accommodation that are not provided for as part of any other entitlement (whether under Part 2
c: provision for those services for the spouse or partner of a member of Parliament participating in the programme who accompanies the member; and
d: any other means of meeting the travel and accommodation needs of a member of Parliament in order for the member to be able to travel as a participant in the programme.
5: The following are secondary legislation ( see Part 3
a: a determination under this section:
b: an amendment to a determination under this section. The following table is small in size and has 3 columns that are grouped under the 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 make it available, at all reasonable times, on the Internet site of Parliament LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 34(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
35: Conversion of entitlements
A determination made under section 34
36: Publication of determinations
Section 36 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
37: Quarterly reports on travel and accommodation expenses
The Clerk of the House of Representatives must, as soon as practicable after the end of each quarter, prepare and make publicly available a report setting out, in respect of each member of Parliament and each party, details of the expenses incurred to provide the travel and accommodation services determined by the Speaker under section 34 Consultation requirement in relation to certain services not under this Part
38: Minister must consult about taxation consequences of certain services for Ministers
The Minister Responsible for Ministerial Services must consult the Commissioner of Inland Revenue about the taxation consequences of the following services for Ministers whenever there is any significant change in the nature or extent of those services:
a: international travel and international accommodation services:
b: communications services (additional or alternative to the communications services for members of Parliament set out in directions issued by the Speaker under section 23(1)(c)
4: Entitlements of former members and others and miscellaneous matters
1: Entitlements of former members, former Prime Ministers, and others
Former members' entitlements
39: Travel entitlements of former members of Parliament
1: This section applies to—
a: a person who was a member of Parliament before the 1999 general election and, on the date of commencement of this Act, is no longer a member of Parliament; and
b: a person who was a member of Parliament before the 1999 general election and, on the date of commencement of this Act, is still a member of Parliament.
2: On and after the commencement of this Act, a person described in subsection (1)(a) will continue to receive the travel entitlements set out in Schedule 2
3: After the commencement of this Act, a person described in subsection (1)(b) will receive the travel entitlements set out in Schedule 2
4: No travel entitlements may be paid to a person, in his or her capacity as a former member,—
a: if the person was elected as a member of Parliament for the first time at or after the 1999 general election; or
b: in respect of any period during which the person was a member of Parliament after 3 October 2008.
5: Nothing in subsection (4)—
a: prevents a person from receiving any entitlement that continues in respect of a member of Parliament in accordance with a determination of the Remuneration Authority under section 17(1)(d)
b: prevents a person from receiving any entitlement in the capacity of former Prime Minister or spouse or partner of a former Prime Minister in accordance with a determination of the Remuneration Authority under section 44
6: This section is subject to section 40 2014-07-01 Members of Parliament (Remuneration and Services) Act 2013 refer to section 2(1). sections 39 to 42 come into force on 1 July 2014.
40: Disqualification from receiving former member travel entitlements
1: None of the travel entitlements set out in Schedule 2
a: the former member has been convicted of either of the following, committed during any of the periods specified in subsection (2):
i: an offence punishable by imprisonment for a term of 2 years or more:
ii: a corrupt practice; or
b: the former member has been reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice and that corrupt practice was committed during any of the periods specified in subsection (2).
2: For the purposes of subsection (1), the specified periods are—
a: when the former member was a member of Parliament:
b: when the former member was a candidate for initial election or a candidate for re-election, in the period between polling day and declaration day:
c: after the former member left Parliament.
3: None of the travel entitlements in Schedule 2
a: the spouse or partner has been convicted of either of the following, committed after the former member left Parliament:
i: an offence punishable by imprisonment for a term of 2 years or more; or
ii: a corrupt practice; or
b: the spouse or partner has been reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice and that corrupt practice was committed after the former member left Parliament.
4: In this section,— corrupt practice Electoral Act 1993 declaration day
a: if the person is a candidate for a seat in the House of Representatives representing an electoral district but not on a party list, means the day on which a person (whether that person or some other person) is declared, under section 179
b: if the person is a candidate whose name is specified in a party list but not a candidate for a seat representing an electoral district, means the day on which the Electoral Commission declares, under section 193(5)
c: if the person is both a candidate for a seat representing an electoral district and a candidate whose name is specified in a party list, means the earliest of the following days:
i: the day on which the person is declared, under section 179
ii: the day on which the person is declared, under section 193(5)
iii: the first day on which both of the following apply:
A: another candidate has been declared, under section 179
B: the Electoral Commission has declared, under section 193(5)
41: Issues concerning former member travel entitlements to be determined by Remuneration Authority
1: The Remuneration Authority must prescribe procedures for resolving issues that arise about a person's eligibility for travel entitlements under section 39 Schedule 2
a: procedures that provide for the participation of the Chief Executive
b: procedures that are required to be followed before any issue may be referred to the Authority for final determination under subsection (3).
2: If it is not possible to resolve an issue by agreement under the resolution procedures prescribed under subsection (1), that issue may be referred to the Remuneration Authority for final determination.
3: The Remuneration Authority must,—
a: on receiving a referral under subsection (2), satisfy itself that all procedures for resolving that issue have been followed in accordance with subsection (1) and that it has not been possible to resolve the issue by agreement under those procedures; and
b: make a final determination on the issue about the person's eligibility for travel entitlements or how the provision of Schedule 2
c: as soon as practicable, communicate that determination to the Chief Executive Section 41(1)(a) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 41(3)(c) amended 24 October 2019 section 106 Statutes Amendment Act 2019
42: Reporting on expenses for travel entitlements of former members of Parliament
A statement setting out, in respect of each former member of Parliament and his or her spouse or partner, the total expenses incurred to provide each type of travel entitlement set out in Schedule 2 section 45B(2) Former Prime Ministers' entitlements
43: Annuity of former Prime Minister and spouse or partner of former Prime Minister
1: If a person has held the office of Prime Minister for not less than 2 years (whether before or after the commencement of this Act, and whether the office was held for a continuous period or for periods totalling 2 years),—
a: that person must be paid an annuity, until he or she dies, at a yearly rate for each year of service up to and including 5 years of service; and
b: the surviving spouse or partner of that person must be paid an annuity, until he or she dies, at half the yearly rate at which an annuity would have been payable to the person under paragraph (a) had that person not died.
2: An annuity is payable under subsection (1) whether or not—
a: the former Prime Minister has died before or after the commencement of this Act; and
b: the surviving spouse or partner remarries or re-partners.
3: However, no annuity may be paid to a person under subsection (1) in respect of any period during which he or she—
a: receives an additional salary under section 11 section 10
b: holds an office for which a salary (other than the salary of an ordinary member of Parliament) is payable under this Act or the Governor-General Act 2010
4: The yearly rate under subsection (1)(a) must be determined by the Remuneration Authority.
5: A determination under this section is secondary legislation ( see Part 3
6: Expenses may be incurred, without further appropriation than this section, to provide the annuities under this section. 1979 No 33 s 22 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 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 43(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
44: Travel entitlements of former Prime Ministers
1: The Remuneration Authority must determine the entitlements (if any) to travel services within New Zealand of former Prime Ministers and their spouses or partners.
2: An entitlement of a spouse or partner determined under subsection (1) continues after the death of the former Prime Minister, regardless of whether the surviving spouse or partner remarries or re-partners.
3: If an issue arises about how any provision of a determination made under this section is to be interpreted or applied or is to operate, that issue must be determined by the Remuneration Authority.
4: Expenses may be incurred, without further appropriation than this section, to provide the travel entitlements under this section.
5: A determination 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 It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 LA19 s 114 Sch 3 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 44(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Member of Parliament dying in office: entitlements of family members
45: Payments to spouse, partner, or dependent children of member of Parliament dying in office
1: This section applies if a member of Parliament dies while in office.
2: If the member is survived by a spouse or partner, the surviving spouse or partner must be paid as income a sum of money equivalent to the salary payable to an ordinary member of Parliament for the 3-month period starting on the day after the date of death.
3: If the member is not survived by a spouse or partner, but is survived by 1 or more dependent children, that child is to be paid as income, or those children are to be paid in equal shares as income, a sum of money equal to the sum referred to in subsection (2).
4: In a case where a sum of money is payable under this section to a person who is under the age of 18, the sum of money may be paid, by direction of the Speaker, to—
a: that person; or
b: a guardian of, or person caring for, that person to be applied for the maintenance, education, advancement, or benefit of that person.
5: The receipt of the guardian or person to whom payment is made is a complete discharge for the payment.
6: Section 8(4) 1979 No 33 s 23(1)–(4) Resolution of conflicting claims to entitlements
46: Conflicting claims
1: If more than 1 person claims to be entitled to an annuity under section 43(1)(b) section 45(2) or (3)
a: whether more than 1 person is entitled to the annuity or payment; and
b: if so, the proportion of the annuity or payment payable to each person entitled to it.
2: In this section, authorised person
a: in relation to an annuity under section 43(1)(b)
b: in relation to a payment made under section 45(2) or (3) Chief Executive
3: An authorised person must pay, or arrange for the payment of, an annuity or payment referred to in this section in accordance with any decision made by the authorised person under subsection (1).
4: If more than 1 person is entitled to an annuity or payment, the total annuity or payment paid to the persons entitled to it must not exceed the amount that would have been paid if only 1 person were entitled to it.
5: If a person who claims to be entitled to an annuity or payment referred to in this section is dissatisfied with a decision made by an authorised person under subsection (1), he or she may appeal against the decision to the High Court.
6: The High Court Rules 2016 sections 126 to 130 section 124
7: The provisions of the Senior Courts Act 2016 1979 No 33 s 27 Section 46(2)(b) amended 24 October 2019 section 106 Statutes Amendment Act 2019 Section 46(6) replaced 1 March 2017 section 261 District Court Act 2016 Section 46(7) amended 1 March 2017 section 183(b) Senior Courts Act 2016
2: Amendments to Parliamentary Service Act 2000
47: Parliamentary Service Act 2000 amended
Sections 48 to 58 Parliamentary Service Act 2000 2013-12-16 Parliamentary Service Act 2000
48: Interpretation
Section 3 qualifying electoral candidate section 5 Remuneration Authority section 5
49: Meaning of funding entitlements for parliamentary purposes
1: Section 3B(1)
c: the provision of accommodation services for members of Parliament and qualifying electoral candidates and travel services for family members of those persons in accordance with a determination made by the Remuneration Authority under section 17(1)
d: the provision of travel services for members of Parliament and qualifying electoral candidates in accordance with directions issued by the Speaker under section 23(1)(a)
e: the provision of communications services (other than services including electioneering) in accordance with directions issued by the Speaker under section 23(1)(c)
f: the provision of travel services in accordance with directions issued by the Speaker under section 23(1)(f)
g: the provision of services and resources to qualifying electoral candidates in accordance with directions issued by the Speaker under section 23
2: Section 3B(2)(d)
a: omitting section 20A of the Civil List Act 1979 section 34
b: omitting travel programme relations programme
50: New section 3E substituted
Section 3E
3E: Interpretation of determinations and directions under Members of Parliament (Remuneration and Services) Act 2013
Every determination made by the Remuneration Authority under section 17 section 23
51: Purposes of this Act
Section 4
d: to provide for regular and independent reviews of the amounts appropriated in Appropriation Acts for services and funding to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
52: Principal duties of Parliamentary Service
Section 7
b: to administer the payment of funding entitlements for parliamentary purposes, except those funding entitlements for parliamentary purposes that the Speaker and the Minister who is, with the authority of the Prime Minister, for the time being responsible for Ministerial Services agree should not be administered by the Parliamentary Service; and
c: to administer the entitlements of members of the Executive under Part 3
d: to administer the payment of the travel entitlements of former members of Parliament.
53: New section 8 substituted
Section 8
8: Services and administration of funding in accordance with Members of Parliament (Remuneration and Services) Act 2013, determinations and directions, etc
1: In carrying out its duties under section 7(a) to (c)
a: Part 3
b: directions issued by the Speaker under subsection (3) in respect of services to be provided to the House of Representatives.
2: In carrying out its duties under section 7(d) sections 39 to 42 section 41
3: The Speaker must, in each financial year, issue directions to the Parliamentary Service as to the nature of the administrative and support services to be provided to the House of Representatives and the objectives to be achieved by the Service in providing those services.
4: The Speaker must take into account any relevant advice and any relevant recommendation of the Parliamentary Service Commission given under section 14(1) before issuing directions under subsection (3).
54: Sections 9A to 9D repealed
Sections 9A to 9D
55: Principal responsibilities of General Manager
Section 11
2: In addition to the responsibilities in subsection (1), the General Manager must—
a: ensure that information is provided in accordance with section 19
b: perform the functions conferred on the General Manager by that Act, and under any procedures prescribed by the Remuneration Authority in accordance with that Act.
3: The General Manager is responsible to the Remuneration Authority for the matters referred to in subsection (2).
56: Functions of Parliamentary Service Commission
1: Section 14
1: The Parliamentary Service Commission has the following functions:
a: to advise the Speaker on the nature of the services to be provided to the House of Representatives, members of Parliament, parties, and qualifying electoral candidates (other than services in respect of members participating in the official inter-parliamentary relations programme):
b: to advise the Speaker on proposed directions relating to the allocation and administration of funding appropriated in Appropriation Acts to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
c: to nominate members of Parliament for participation in the political exchange programme.
2: Section 14(4) ; or
c: any matter for which the Clerk of the House of Representatives has responsibility.
57: Establishment of committee to review appropriations
1: The heading to section 20 annual review
2: Section 20
1: The Speaker may from time to time, and must at least once during every term of Parliament, establish a review committee of up to 3 persons to review the amounts of money appropriated in Appropriation Acts for the following purposes:
a: administrative and support services provided to support the parliamentary operations of members of Parliament, parties, and qualifying electoral candidates:
b: communications services provided to members of Parliament and qualifying electoral candidates:
c: party and member support funding.
58: Work of review committee
Section 21
1: In carrying out its work, the review committee must consider—
a: whether the amounts of money appropriated are being used efficiently; and
b: whether the amounts of money appropriated are adequate to enable members of Parliament, parties, and qualifying electoral candidates to effectively perform their respective functions; and
c: the need for fiscal responsibility.
3: Amendments to Remuneration Authority Act 1977
59: Remuneration Authority Act 1977 amended
Sections 60 to 63 Remuneration Authority Act 1977 2013-12-16 Remuneration Authority Act 1977
60: Functions of Authority
1: Section 12(1)(a)(i) Civil List Act 1979 Members of Parliament (Remuneration and Services) Act 2013
2: Section 12
2AB: For the avoidance of doubt, the superannuation subsidy may only be paid in accordance with subsection (2A)(a) if a member makes a contribution in the actual year to which the subsidy relates, and a member may not, in any year, make a lump sum payment of contributions in respect of past years and claim an entitlement to a subsidy in respect of the contributions paid in that year that relates to past years.
61: Publication of determinations fixing Parliamentary salary and allowances
1: Section 16(1)(a)(iii) ; and :
2: Section 16(1)(a)
iv: the General Manager of the Parliamentary Service; and
62: Obligation to consult before making determinations about Parliamentary salaries and allowances
Section 17A
a: consult the Speaker of the House of Representatives and the Minister who is, with the authority of the Prime Minister, for the time being responsible for Ministerial Services about the services for which they have jurisdiction, including, for the purposes of section 16(2)
i: whether any element of personal benefit or potential personal benefit for members of Parliament, Ministers, or their family members arises under an entitlement to a service; and
ii: in the case of any such benefit arising under directions issued by the Speaker under section 23 or 34 section 27
b: consult the Commissioner of Inland Revenue—
i: about the taxation consequences of the Authority's proposed determination; and
ii: as required under section 16(2)(a)
63: Remuneration of existing holder not to be reduced
Section 24(2) or section 16 or 17
4: Repeal, revocations, consequential amendments, and review
64: Civil List Act 1979 repealed
The Civil List Act 1979 2013-12-16 Civil List Act 1979
65: Determinations and order revoked
1: The following determinations are revoked:
a: Parliamentary (Official Inter-Parliamentary Travel Programme) Travel and Accommodation Determination 2007
b: Parliamentary Travel, Accommodation, Attendance, and Communications Services Determination 2012
c: Executive Travel, Accommodation, Attendance, and Communications Services Determination (No 2) 2009
d: Executive Travel, Accommodation, Attendance, and Communications Services Determination (No 2) 2009 Amendment Determination 2010
2: The Civil List (Pay Periods) Order 1982 2013-12-16 Parliamentary (Official Inter-Parliamentary Travel Programme) Travel and Accommodation Determination 2007 Parliamentary Travel, Accommodation, Attendance, and Communications Services Determination 2012 Executive Travel, Accommodation, Attendance, and Communications Services Determination (No 2) 2009 Executive Travel, Accommodation, Attendance, and Communications Services Determination (No 2) 2009 Amendment Determination 2010 Civil List (Pay Periods) Order 1982
66: Consequential amendments to other enactments
The Acts specified in Schedule 3 2013-12-16 Electoral Act 1993 Finance Act 1988 Goods and Services Tax Act 1985 Government Superannuation Fund Act 1956 Income Tax Act 2007 Parliamentary Superannuation Determination 2003 Petroleum Demand Restraint Act 1981 Stamp and Cheque Duties Act 1971
67: Review of Act
1: The Parliamentary Service and the department responsible for the administration of Ministerial Services must, within the time specified in subsection (3),—
a: review the operation of this Act, since the date of its commencement, in so far as it relates to—
i: services for members of Parliament, Ministers, qualifying electoral candidates, and family members of those persons; and
ii: in relation to the determination of salaries and allowances of members of Parliament, the operation of section 16(2) Part 3
b: prepare a report on the review for the Speaker and the Minister Responsible for Ministerial Services.
2: The review must include recommendations to the Speaker and the Minister Responsible for Ministerial Services on whether any amendments to the Act are necessary or desirable.
3: The review must be completed—
a: as soon as practicable after the Remuneration Authority, the Speaker, and the Minister Responsible for Ministerial Services complete the determination and directions in accordance with section 32(1) and (5)
b: not later than the end of the second complete term of Parliament after this section comes into force.
4: As soon as practicable after receiving the report, the Speaker must present a copy of that report to the House of Representatives.
5: Validations, savings, and transitional provisions
68: Validation of salary payments to list members declared elected under section 137 of Electoral Act 1993
1: This section applies to every payment that, before the commencement of this Act, has been made to a person declared to be elected as a member of Parliament in accordance with section 137
2: Every payment to which this section applies must be taken to be, and to always have been, as lawful as if section 10(3)
69: Validations and savings concerning salaries and allowances of members of Parliament and annuities and travel services for former Prime Ministers
1: Nothing in this Act affects the validity of—
a: a determination made by the Remuneration Authority under section 16 22
b: an agreement made before the commencement of this Act for a former Prime Minister and his or her spouse or partner or surviving spouse or partner to be provided with specified travel services.
2: Despite anything in this Act,—
a: every salary and allowance in respect of which a determination by the Remuneration Authority has been made under section 16 section 8
b: every annuity in respect of which a determination by the Remuneration Authority has been made under section 22 section 43
70: Transitional provision concerning services entitlements
1: Subsections (2) to (5) apply for the transitional period starting on the day on which this Act comes into force and ending on the date of the next general election (the transitional period
2: The entitlements of members of Parliament, Ministers, and qualifying electoral candidates to accommodation services, and the entitlements of family members of those persons to travel services set out in the following documents are deemed to have been determined by the Remuneration Authority, in accordance with section 17
a: the document entitled Directions by the Speaker of the House of Representatives 2011 2011 directions document
b: the document entitled Travel, Accommodation, and Communications Services Available to Members of the Executive Executive Services document Executive Travel, Accommodation, Attendance, and Communications Services Determination (No 2) 2009
3: The directions of the Speaker set out in the 2011 directions document relating to travel services, administrative and support services, communications services, and funding referred to in section 23
4: The entitlements of members of Parliament participating in the official inter-parliamentary relations programme set out in the document entitled Specification for Travel, Accommodation, and Related Services Available to Members of Parliament Participating in the Official Inter-Parliamentary Travel Programme section 34
5: The entitlements of members of the Executive to travel services set out in the Executive Services document are deemed to have been determined by the Minister Responsible for Ministerial Services in accordance with section 27
6: Despite section 32
a: the Remuneration Authority must, before 1 September 2014 or the end of the transitional period, whichever is the earlier, make a determination under section 17
b: the Authority may make a determination amending any entitlement referred to in subsection (2) at any time before it makes a determination in accordance with paragraph (a); and
c: the Speaker must, before 1 September 2014 or before the end of the transitional period, whichever is the earlier, issue directions under section 23 section 34
d: the Speaker may issue directions amending any directions referred to in subsection (3), or make a determination amending any entitlement referred to in subsection (4), at any time before the Speaker issues directions or, as the case may be, makes a determination in accordance with paragraph (c); and
e: the Minister Responsible for Ministerial Services must, before 1 September 2014 or before the end of the transitional period, whichever is the earlier, make a determination under section 27
f: the Minister Responsible for Ministerial Services may make a determination amending any entitlement referred to in subsection (5) at any time before the Minister makes a determination in accordance with paragraph (e).
71: Transitional provision concerning section 22
During the transitional period referred to in section 70(1) section 22 section 70(6)(b)
72: Transitional provision concerning ongoing travel entitlements of former members
Despite the repeal by this Act of the Civil List Act 1979 Parliamentary Travel, Accommodation, Attendance, and Communications Services Determination 2012
a: subpart 3 of Part 6 of the document entitled Directions by the Speaker of the House of Representatives 2011 Speaker's directions
b: the provisions of that subpart must be interpreted, and the entitlements under it must be administered, in accordance with the Speaker's directions as if this Act had not been enacted.
73: Transitional provision concerning tax-treatment of ongoing travel entitlements of former members
Despite the repeal and substitution, by this Act, of sections CW 31 CX 12
a: those sections, as in force on 16 December 2013, do not apply to the travel entitlements of former members paid under section 72
b: those sections, as in force on 15 December 2013, continue to apply to those entitlements. |
DLM5138103 | 2013 | Reserves Amendment Act 2013 | 1: Title
This Act is the Reserves 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 Reserves Amendment Act 2013 Commencement Order 2013
3: Principal Act
This Act amends the Reserves Act 1977 principal Act OIC SR 2013/124 2013-05-24 Reserves Act 1977 This Act comes into force on 24 May 2013 by SR 2013/124.
4: Section 5 amended (Restricting application of this Act)
1: Replace section 5(1)
1: This Act does not apply to any land that is subject to the Forests Act 1949.
2: Repeal the proviso to section 5(2)
3: After section 5(2)
3: Nothing in subsection (2) limits—
a: the power of the Minister—
i: to classify, or change the classification of, any reserve other than a nature reserve or a scientific reserve; or
ii: to recommend to the Governor-General that an Order in Council be made to classify, or change the classification of, a nature reserve or a scientific reserve; or
b: the power of the Governor-General to make an Order in Council under section 16A(3)
5: Section 6 amended (Powers of Minister in cases of doubt)
After section 6(2)
2A: Despite subsections (1) and (2), the Minister must not act under those provisions to—
a: declare any land to be a nature reserve or a scientific reserve or to be included in an existing nature reserve or scientific reserve; or
b: define any reserve as held for the purpose of a nature reserve or a scientific reserve.
2B: Instead, the Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: declare that land specified in the order is or is not a nature reserve or a scientific reserve; or
b: declare that a reserve must be held for the purpose of a nature reserve or a scientific reserve, according to the terms of the order.
6: Section 16 amended (Classification of reserves)
After section 16(11)
12: This section is subject to section 16A
7: New section 16A inserted (Application of section 16 to nature and scientific reserves after commencement of Crown Minerals Amendment Act 2013)
After section 16
16A: Application of section 16 to nature and scientific reserves after commencement of Crown Minerals Amendment Act 2013
1: Despite section 16, on and from the commencement of the Crown Minerals Amendment Act 2013
a: all reserves existing immediately before the commencement of that Act and not yet classified in accordance with section 16 must be classified in accordance with this section if the reserve is to be classified as a nature reserve or as a scientific reserve:
b: all nature and scientific reserves created after the commencement of the Crown Minerals Amendment Act 2013
2: The Minister may recommend to the Governor-General that an Order in Council be made to name and classify a reserve as a nature reserve or as a scientific reserve if the principal or primary purpose of the reserve is the same as that specified for—
a: a nature reserve in section 20; or
b: a scientific reserve in section 21.
3: The Governor-General may, by Order in Council made on the recommendation of the Minister, name and classify a reserve as a nature reserve or as a scientific reserve.
4: Before making a recommendation under subsection (2)
a: refer the proposed name to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa under section 27(2) of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008; and
b: give public notice in accordance with section 119 specifying the name and classification proposed, and must consider in accordance with section 120 all objections and submissions in relation to the proposal, and those sections apply accordingly with any necessary modifications.
5: When classified under this section, each reserve must be held and administered for the purpose or purposes for which it is classified and for no other purpose.
8: Section 24 amended (Change of classification or purpose or revocation of reserves)
1: Repeal section 24(4)
2: After section 24(7)
8: The Minister must not change the classification or purpose, or revoke the reservation status, of the whole or a part of a nature reserve or a scientific reserve under subsection (1).
9: Instead, a change to the classification or purpose, or the revocation of the reservation status, of the whole or a part of a nature reserve or a scientific reserve must be made by the Governor-General by Order in Council, on the recommendation of the Minister.
10: The Minister must not make a recommendation under subsection (9)
a: the Minister is satisfied that the reserve is no longer suitable for the purposes of its classification because of the destruction of its forest, bush, or other vegetation, or of its fauna or natural or scientific features, or for any other similar cause; and
b: the Minister has complied with subsection (2), with any necessary modifications.
11: Subsection (10)(a)
a: nature reserve to scientific reserve or scenic reserve:
b: scientific reserve to nature reserve or scenic reserve.
9: Section 47 amended (Wilderness areas)
1: Replace section 47(1)
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: set apart the whole or any specified part of a reserve as a wilderness area:
b: vary or revoke any order made under this subsection.
2: In section 47(2)(a) administering body Minister (in any case where there is no administering body) or the administering body (if there is one)
3: In section 47(2)(a)(ii) lodge with the Minister or the |
DLM5709101 | 2013 | Health and Safety in Employment Amendment Act 2013 | 1: Title
This Act is the Health and Safety in Employment Amendment Act 2013.
2: Commencement
This Act comes into force on 16 December 2013.
3: Principal Act
This Act amends the Health and Safety in Employment Act 1992 principal Act 2013-12-16 Health and Safety in Employment Act 1992
4: Section 2 amended (Interpretation)
1: In section 2(1) Board section 20D coal section 19L industry health and safety representative section 19L mine operator section 19L mine worker section 19L mineral section 19L mining operation section 19L permit operator section 19L quarrying operation section 19N site health and safety committee section 19L site health and safety representative section 19L site senior executive section 19L tourist mining operation section 19L tunnelling operation section 19O WorkSafe section 5 WorkSafe New Zealand Act 2013 .
2: In section 2(1) approved code of practice approved code of practice section 20A .
3: In section 2(1) hazard notice hazard notice section 19ZF(1) or 46A(1) .
4: In section 2(1), replace the definition of improvement notice improvement notice section 39(1) or (2) or 39A .
5: In section 2(1) prohibition notice prohibition notice section 41(1) or 41A .
5: New section 3G inserted (Provisions affecting application of amendments to this Act)
After section 3F
3G: Provisions affecting application of amendments to this Act
Schedule 1AA see section 63
6: Section 11 amended (Employees to be given results of monitoring)
After section 11(3)
4: An employer is not required under this section to give an employee the results of monitoring to the extent that those results have already been provided to the employee under section 12A
7: New sections 12A and 12B and cross-heading inserted
After section 12 Duties of mine operators in relation to information
12A: Mine workers to be given results of monitoring
1: This section applies to the results of any monitoring of any mine worker or any mining operation undertaken in compliance with this Act or regulations made under this Act if the monitoring was—
a: undertaken by or on behalf of a mine operator; or
b: undertaken by or on behalf of a department (within the meaning of the State Sector Act 1988
2: Subject to subsection (3), every mine operator must ensure that—
a: every mine worker is given all results to which this section applies of monitoring of the mine worker (whether as an individual or as one of a number of mine workers) in relation to health or safety; and
b: all mine workers are given all results to which this section applies of general monitoring of—
i: conditions in the mining operation; or
ii: the health or safety of mine workers there.
3: Every mine operator must ensure that—
a: there are omitted from all results to which this section applies given to any individual mine worker all information that identifies, or discloses anything about, any other individual mine worker; and
b: there are omitted from all results to which this section applies given to any group of mine workers all information that identifies, or discloses anything about, any individual mine worker.
12B: Information for site health and safety representatives
A mine operator must ensure that all site health and safety representatives in the mining operation have ready access to sufficient information about health and safety systems and health and safety issues in the mining operation to enable the representatives to perform their functions and exercise their powers effectively.
8: New section 13AA and cross-heading inserted
After section 13 Duties of mine operators in relation to training and supervision
13AA: Training and supervision of mine workers
Every mine operator must take all practicable steps to ensure that every mine worker who does work of any kind, or uses plant of any kind, or deals with a substance of any kind, in a mining operation—
a: has, or is so supervised by a person who has, such knowledge and experience of similar places, and work, plant, or substances of that kind, as to ensure that the mine worker's doing the work, using the plant, or dealing with the substance is not likely to cause harm to the mine worker or other people; and
b: is adequately trained in the safe use of all plant, objects, substances, and protective clothing and equipment that the mine worker is or may be required to use or handle.
9: Section 19G amended (Minister may approve occupational health and safety training)
After section 19G(4)
5: For the purposes of Part 2B section 19G(2)(b)
10: New section 19J inserted (Relationship of this Part with Part 2B)
After section 19I
19J: Relationship of this Part with Part 2B
Except as provided in this Part or Part 2B
11: New Part 2B inserted
After Part 2A
2B: Worker participation in health and safety in mining sector
19K: Purpose of Part
The purpose of this Part is to require the participation of mine workers in processes relating to health and safety in a mining operation so that—
a: all persons with relevant knowledge and expertise can help make the mining operation healthy and safe; and
b: when making decisions that affect mine workers and their work, a mine operator has information from mine workers who face the health and safety issues in practice.
19L: Interpretation
In this Act,— alluvial mining operation
a: the extraction of gold from river deposits of sand or gravel:
b: the extraction of ironsand from sand or gravel coal
a: includes every other substance worked or normally worked with coal; but
b: does not include coal in the form of peat industry health and safety representative section 19ZU licence or other permission mine operator
a: in respect of a mining operation carried out under a permit granted under the Crown Minerals Act 1991
i: the person appointed by the permit operator to manage and control the mining operation; or
ii: the permit operator, if no such person has been appointed:
b: in respect of a mining operation (not being a mining operation described in paragraph (a)) carried out under a licence or other permission,—
i: the person appointed to manage and control the mining operation by the person who holds the licence or other permission to carry out mining operations; or
ii: the person who holds the licence or other permission to carry out mining operations, if no such person has been appointed:
c: in any other case,—
i: the person appointed to manage and control the mining operation by the owner of the land where the mining operation is being carried out; or
ii: the owner of the land where the mining operation is being carried out, if no such person has been appointed mine worker mineral
a: includes metallic minerals, non-metallic minerals, and precious stones; but
b: does not include clay, coal, gravel, limestone, sand, or stone mining operation section 19M peat permit operator quarrying operation section 19N site health and safety committee site health and safety representative site senior executive tourist mining operation
a: mine education; or
b: mine research; or
c: mine tourism tunnelling operation section 19O
19M: Meaning of mining operation
In this Act, mining operation
a: means the extraction of coal and minerals and the place at which the extraction is carried out; and
b: includes any of the following activities and the place at which they are carried out:
i: exploring for coal:
ii: mining for coal or minerals:
iii: processing coal or minerals associated with a mine:
iv: producing or maintaining tailings, spoil heaps, and waste dumps:
v: the excavation, removal, handling, transport, and storage of coal, minerals, substances, contaminants, and wastes at the place where the activities described in subparagraphs (i) to (iv) are carried out:
vi: the construction, operation, maintenance, and removal of plant and buildings at the place where the activities described in subparagraphs (i) to (iv) are carried out:
vii: preparatory, maintenance, and repair activities associated with the activities described in subparagraphs (i) to (iv); and
c: includes—
i: a tourist mining operation:
ii: a tunnelling operation; but
d: does not include—
i: exploring for minerals:
ii: an alluvial mining operation:
iii: a mining operation wholly on or under the seabed on the seaward side of the mean high-water mark:
iv: a quarrying operation.
19N: Meaning of quarrying operation
1: In this Act, quarrying operation
a: means an activity carried out above ground for the purpose of—
i: extracting any material, other than any coal or any mineral, from the earth; or
ii: processing any material, other than any coal or any mineral, at the place where the material is extracted; and
b: includes the place where an activity described in paragraph (a) is carried out; and
c: includes any place in which any material extracted or processed in a quarry is crushed or screened.
2: Subsection (1) applies whether or not the material is to be extracted or processed for commercial gain and whether or not the material is extracted or processed by the use of explosives.
19O: Meaning of tunnelling operation
In this Act, tunnelling operation
a: means an operation involving extraction of fill with the purpose of creating a tunnel or shaft or enlarging or extending any tunnel or shaft; and
b: includes the place where an operation described in paragraph (a) is carried out; but
c: excludes any tunnelling operation of a kind declared under section 19P
19P: Governor-General may, by Order in Council, exclude operations from section 19O
The Governor-General may, by Order in Council made on the recommendation of the Minister, declare that certain operations or classes of operation are not tunnelling operations for the purposes of section 19O
19Q: General duty to involve mine workers in health and safety matters
1: Every mine operator must ensure that there is, for a mining operation, a documented worker participation system that provides reasonable opportunities for the mine workers to participate effectively in ongoing processes for the improvement of health and safety in the mining operation.
2: Without limiting subsection (1), ongoing processes for the improvement of health and safety sections 6 to 13AA
3: In complying with this Part, a mine operator must take into account any relevant approved code of practice.
4: If a site health and safety committee or a site health and safety representative makes a recommendation regarding health and safety in a mining operation, the mine operator must either adopt the proposal or provide a written statement to the site health and safety committee or site health and safety representative setting out the reasons for not adopting the proposal.
5: In subsection (1), reasonable opportunities
a: the number of mine workers in the mining operation; and
b: the likely potential sources or causes of harm in the mining operation; and
c: the nature of the work that is performed and the way that it is arranged or managed by the mine operator; and
d: the nature of the employment arrangements or contracting arrangements, including the extent and regularity of employment or engagement of temporary mine workers; and
e: the willingness of mine workers and unions to develop worker participation systems; and
f: in relation to employers and employees, the overriding duty to act in good faith. Worker participation system
19R: Development of worker participation system
1: The following persons must co-operate in good faith to seek to develop, agree, implement, and maintain a worker participation system that sets out the ways in which the mine operator must seek to comply with section 19Q(1)
a: the mine operator:
b: the mine workers who wish to be involved:
c: a union or unions representing any of the mine workers.
2: A worker participation system may include any matters that the mine operator, mine workers, and any union representing them, agree comply with this Part.
3: If the system includes provision for site health and safety representatives, those representatives must be elected by the mine workers in the mining operation.
4: If 1 or more mine workers request that the system include provision for site health and safety representatives, there must be provision for the election of at least 1 site health and safety representative.
5: A system may allow for more than 1 site health and safety representative or 1 site health and safety committee and, in that case, each representative or committee may represent a particular type of work of the mine operator, or another grouping agreed in, or determined in accordance with, the system.
19S: Training of site health and safety representatives
1: Sections 19E to 19G
2: A worker participation system may include a provision increasing or decreasing the maximum—
a: number of days' paid leave that the employers of mine workers are required to allow site health and safety representatives who are employees to take for health and safety training under section 19E(1)
b: total number of days' paid leave that employers of mine workers are required to allow site health and safety representatives and health and safety representatives to take for health and safety training under sections 19E(2) and 19F
3: Despite subsection (2) and section 19E(1) and (2)
19T: Review and replacement of worker participation systems
1: A worker participation system must specify a process by which it must be reviewed.
2: At any time after the expiry of 12 months from the date the system is agreed, 1 or more mine workers or a union on their behalf may initiate the development of a new system in accordance with this Act.
3: If a system is no longer in place, or functioning, a new system must be developed, agreed, implemented, and maintained in accordance with section 19R
19U: Prescribed provisions apply if no scheme in place
1: The provisions prescribed in regulations made under this Act apply if a worker participation system is not developed—
a: within 3 months of the date on which a mining operation begins; or
b: if section 19T(3)
2: If the prescribed provisions apply, and have applied continuously for a period of 6 months or more, 1 or more mine workers or a union on their behalf may initiate the development of a new system in accordance with section 19R Site health and safety representatives
19V: Election of site health and safety representatives
If a worker participation system provides for the election of 1 or more site health and safety representatives, but does not provide for the conduct of those elections, the requirements for the conduct of elections prescribed in regulations made under this Act apply.
19W: Functions of site health and safety representatives
The functions of a site health and safety representative are, in relation to the mining operation in respect of which the representative is appointed,—
a: to represent mine workers in matters relating to health and safety:
b: to investigate complaints from mine workers regarding health and safety:
c: if requested by a mine worker, to represent the worker in relation to a matter relating to health and safety (including a complaint):
d: to identify hazards in the mining operation and bring them to the attention of the mine operator or site senior executive:
e: to monitor measures taken by the mine operator that are relevant to health and safety:
f: to provide feedback to the mine operator or site senior executive about whether the requirements of this Act or regulations made under this Act are being complied with:
g: to promote the interests of mine workers who have been harmed at work, including in relation to arrangements for harmed workers' rehabilitation and return to work.
19X: No duty on site health and safety representatives
Nothing in this Act imposes a duty on a site health and safety representative in that capacity. Powers of site health and safety representatives
19Y: Competency requirements for exercise of certain powers
A site health and safety representative must not exercise any power under section 19ZA, 19ZG, or 19ZH
19Z: Power of site health and safety representative to attend interview
With the consent of the mine worker, a site health and safety representative may attend any interview relating to health and safety that the worker has with the mine operator, the site senior executive or any other representative of the mine operator, or an inspector.
19ZA: Power of site health and safety representative to enter and inspect mining operation
1: A site health and safety representative may enter and inspect any area of a mining operation at any reasonable time to perform the functions of the site health and safety representative.
2: Before exercising the power under this section, the site health and safety representative must give reasonable notice to the site senior executive.
3: In exercising the power under this section, the site health and safety representative must comply with any reasonable procedures and requirements applying in the mining operation that relate to health and safety.
19ZB: Power of site health and safety representative to examine and copy documents
A site health and safety representative may examine and copy any documents relevant to health and safety that are held by the mine operator, if the site health and safety representative has reason to believe that the documents contain information required to assess whether procedures at the mining operation are sufficient to achieve compliance with this Act and any regulations made under this Act.
19ZC: Power to require assistance
A site health and safety representative may require the site senior executive or person in charge of the relevant part or aspect of a mining operation to give the site health and safety representative reasonable assistance in the exercise of a power under section 19ZA or 19ZB
19ZD: Power of site health and safety representative to accompany inspector
1: A site health and safety representative may accompany an inspector who has, under section 31
2: An inspector may refuse to allow a site health and safety representative accompanying the inspector under this section to be present—
a: during any discussion in which personal information may be disclosed (unless the person who is the subject of the information has expressly consented to the site health and safety representative being present):
b: if the inspector believes that the presence of the site health and safety representative would prejudice the maintenance of the law, including the investigation and prosecution of offences.
3: In this section, personal information section 2(1)
19ZE: Site health and safety representative may consult inspector
A site health and safety representative may consult with an inspector on any health and safety issue.
19ZF: Trained site health and safety representatives may issue hazard notices
1: In this section,— hazard notice
a: describes a hazard identified in a mining operation; and
b: is in the prescribed form; and
c: may set out suggested steps to deal with the hazard trained site health and safety representative Gazette section 19G
2: Subsection (3) applies if a trained site health and safety representative—
a: believes on reasonable grounds that there is a hazard in the mining operation; and
b: has brought the hazard to the attention of the site senior executive; and
c: has discussed or attempted to discuss with the site senior executive steps for dealing with the hazard.
3: The trained site health and safety representative may give the site senior executive on behalf of the mine operator a hazard notice if—
a: the site senior executive refuses to discuss, or take steps to deal with, the hazard; or
b: the site senior executive and representative do not agree on the steps that must be taken, or the time within which the steps must be taken, to deal with the hazard; or
c: the representative believes on reasonable grounds that the mine operator or site senior executive has failed to meet the requirements of this Act or regulations made under this Act in relation to the hazard within a time agreed during the discussion.
4: If a hazard notice has been given by a trained site health and safety representative, the site senior executive must notify WorkSafe of that fact.
19ZG: Power of site health and safety representative to give notice requiring suspension of mining operation
1: This section applies if a site health and safety representative—
a: believes on reasonable grounds that the whole, or a part or an aspect, of a mining operation is likely to cause serious harm to any person; and
b: has discussed or attempted to discuss the matter likely to cause serious harm with the site senior executive.
2: The site health and safety representative may give a written notice to the site senior executive ordering the suspension of the whole, or a part or an aspect, of the mining operation.
3: The notice must set out the reasons for the site health and safety representative's belief.
4: If the site senior executive receives a notice under subsection (2), the site senior executive must stop the mining operation, or the part or aspect of the mining operation, mentioned in the notice.
5: If a notice ordering the suspension of the whole, or a part or an aspect, of the mining operation has been given by a site health and safety representative, the site senior executive must notify WorkSafe of that fact.
19ZH: Power of site health and safety representative to require mining operation to stop in case of imminent serious harm
1: This section applies if a site health and safety representative believes on reasonable grounds that serious harm to any person is likely to be caused imminently by the whole, or a part or an aspect, of a mining operation.
2: The site health and safety representative may—
a: stop the whole, or a part or an aspect, of the mining operation and immediately advise the person in charge of the operation or part or aspect of the operation; or
b: require the person in charge of the operation or part or aspect of the operation to stop the operation.
3: If a site health and safety representative requires a person to stop the whole, or a part or an aspect, of a mining operation, that person must do so.
4: The site health and safety representative must, as soon as practicable after exercising the power under subsection (2), advise the site senior executive of the action taken under that subsection and the reasons for the action taken.
5: If a site health and safety representative has advised the site senior executive of action taken under subsection (2), the site senior executive must notify WorkSafe of that fact.
19ZI: Inspector may cancel order to suspend mining operation
An inspector may cancel the whole or part of a notice given under section 19ZG section 19ZH(2)
19ZJ: Workers must do other work
If the whole or a part or an aspect of a mining operation is stopped under section 19ZG or 19ZH
19ZK: Work not to restart until no likelihood of serious harm
The site senior executive must ensure that the operation or part or aspect of the mining operation stopped because a notice is given under section 19ZG section 19ZH
19ZL: Protection of site health and safety representatives performing functions or exercising powers
A mine operator or site senior executive must not—
a: prevent or attempt to prevent a site health and safety representative from performing his or her functions or exercising his or her powers; or
b: penalise a site health and safety representative for performing his or her functions or exercising his or her powers.
19ZM: Functions and powers for health and safety purposes only
A site health and safety representative must not perform a function or exercise a power under this Part for a purpose other than a health and safety purpose.
19ZN: Information to be used for health and safety purposes only
1: This section applies to any information obtained by a site health and safety representative in the performance of the site health and safety representative's functions or the exercise of the site health and safety representative's powers under this Act.
2: A site health and safety representative may—
a: disclose or use the information,—
i: if the information is about a person, only with the person's consent:
ii: only to the extent necessary for the performance of the site health and safety representative's functions or the exercise of the site health and safety representative's powers under this Act:
b: disclose the information—
i: to WorkSafe or a person authorised by WorkSafe only if WorkSafe reasonably believes the disclosure is necessary for administering, monitoring, or enforcing compliance with this Act or any relevant health and safety legislation (as defined in section 3 of the WorkSafe New Zealand Act 2013
ii: only if the disclosure is authorised or required by law.
3: In subsection (2), disclose
19ZO: Health and safety representative not to unnecessarily impede production
A site health and safety representative must not unnecessarily impede production at a mining operation when performing functions or exercising powers under this Part.
19ZP: Protection from civil and criminal liability
A site health and safety representative is protected from civil and criminal liability for any act that he or she does or omits to do—
a: in the performance or intended performance of his or her functions or the exercise or intended exercise of his or her powers under this Act; and
b: in good faith.
19ZQ: Obligations of mine operators
A mine operator must—
a: allow a site health and safety representative to spend such time as is reasonably necessary to perform his or her functions and exercise his or her powers; and
b: provide a site health and safety representative with such access to facilities that is reasonably necessary or prescribed in regulations made under this Act to enable the representative to perform his or her functions and exercise his or her powers. Removal of site health and safety representative
19ZR: WorkSafe may remove site health and safety representative
1: WorkSafe may, by notice in writing, remove a site health and safety representative from office if WorkSafe considers that the site health and safety representative has failed to perform his or her functions or exercise his or her powers satisfactorily (for example, if the representative has exercised his or her powers for an improper purpose in breach of section 19ZM section 19ZN
2: The notice under subsection (1) must set out the reasons for WorkSafe's opinion.
19ZS: Election of another site health and safety representative
1: If a site health and safety representative is removed from office by WorkSafe, another site health and safety representative may be elected.
2: Except as provided for in subsection (3), no election for a site health and safety representative to replace the representative who has been removed may be held until the expiry of the period for appeal under section 19ZT
3: One or more mine workers may initiate the election of a temporary site health and safety representative to replace the representative who has been removed.
4: The term of office of any temporary site health and safety representative ends on the expiry of the period for appeal under section 19ZT
5: A temporary health and safety representative has the functions and powers set out in sections 19W and 19Z to 19ZH sections 19X, 19Y, and 19ZI to 19ZQ
19ZT: Site health and safety representative may appeal against removal
1: A site health and safety representative may appeal to a District Court against a decision of WorkSafe to remove him or her.
2: The appeal must be brought within 28 days of the date of the notice under section 19ZR Industry health and safety representatives
19ZU: Appointment of industry health and safety representatives
1: This section and sections 19ZV to 19ZZD
a: a mining operation associated with the extraction of coal and where any person works below ground ( underground coal mining operation
b: mine workers who work in an underground coal mining operation:
c: any union that represents mine workers who work in an underground coal mining operation.
2: A union or group of mine workers may, in any manner determined by the union or group, appoint a person to be an industry health and safety representative.
3: The person appointed must meet the competency requirements for industry health and safety representatives prescribed in regulations made under this Act.
4: The union or group of mine workers that appoints an industry health and safety representative must meet the costs of the representative.
19ZV: Notice to WorkSafe of appointment or cessation of appointment of representative
A union or group of mine workers that appoints an industry health and safety representative must—
a: give notice to WorkSafe of that appointment; and
b: provide the prescribed information in relation to that appointment, and a photograph of the representative authenticated in accordance with any prescribed requirements; and
c: give notice to WorkSafe within 14 days after the date on which the person ceases to be a representative.
19ZW: Functions and powers of industry health and safety representatives
1: An industry health and safety representative has, in respect of any mining operation and any mine worker, the functions and powers set out in sections 19W and 19Z to 19ZH sections 19X and 19ZI to 19ZP
2: In addition to the functions and powers referred to in subsection (1), an industry health and safety representative has the following functions:
a: to participate in investigations into accidents in mining operations that resulted, or could have resulted, in serious harm:
b: to assist with industry-wide initiatives to improve health and safety in mining operations.
19ZX: Further provision concerning scope of functions and powers of industry health and safety representatives
An industry health and safety representative may perform his or her functions and exercise his or her powers in relation to any mining operation or mine worker whether or not,—
a: in the case of a representative appointed by a union, any worker in the mine, or the relevant mine worker, as the case may be, is a member of that union; or
b: in the case of a representative appointed by a group of mine workers, any worker in the mine, or relevant mine worker, as the case may be, is a member of that group.
19ZY: Identity cards
1: WorkSafe must give each industry health and safety representative an identity card.
2: The identity card must be in the prescribed form.
3: A person who ceases to be an industry health and safety representative must return his or her identity card to WorkSafe as soon as possible, but within 14 days, after the date on which the person ceases to be a representative.
19ZZ: Production or display of identity card
1: Before an industry health and safety representative exercises a power under this Part in relation to any person, the representative must—
a: produce his or her identity card to the person; or
b: display the identity card so it is clearly visible to that person.
2: An industry health and safety representative who exercises a power under section 19ZA
a: produce his or her identity card to the person apparently in charge of the part of the mining operation being entered; or
b: display the identity card so it is clearly visible to that person.
3: If the representative is unable, despite reasonable efforts, to comply with subsection (2), the representative must, before leaving the mining operation, leave a written notice stating—
a: the representative's identity; and
b: the address of a place where the representative may be contacted; and
c: the date and time of entry onto the mining operation; and
d: the representative's reasons for entering onto the mining operation.
19ZZA: Removal of industry health and safety representative
Sections 19ZR and 19ZT
19ZZB: Register of industry health and safety representatives
1: WorkSafe must keep and maintain a register of industry health and safety representatives.
2: The purpose of the register is to enable members of the public to know the names and contact details of industry health and safety representatives.
3: The register may be kept in any manner that WorkSafe thinks fit.
4: The register must contain the prescribed information.
19ZZC: Alterations to register
WorkSafe may at any time make any amendments to the register that are necessary to reflect any changes in the information referred to in section 19ZZB(4)
19ZZD: Search of register
1: A person may search the register for a purpose set out in section 19ZZB(2)
2: WorkSafe must—
a: make the register available for public inspection, without fee, at reasonable hours at the head office of WorkSafe; and
b: supply to any person, on request and on payment of a reasonable charge, a copy of the register or any extract from it.
12: Section 20 replaced (Codes of practice)
Replace section 20
20: Codes of practice
1: WorkSafe may from time to time issue any instrument (a code of practice
a: a statement of preferred work practices or arrangements; or
b: a statement of preferred aims, arrangements, practices, or principles (or any 2 or more of those matters) for the design of plant, protective clothing, or protective equipment, of any kind or description; or
c: a statement of preferred arrangements, characteristics, components, configurations, elements, or states (or any 2 or more of those matters) for manufactured plant, manufactured protective clothing, or manufactured protective equipment, of any kind or description; or
d: a statement of preferred characteristics for any manufactured or processed substance used or capable of being used—
i: in or in connection with any protective clothing or protective equipment; or
ii: otherwise for or in connection with protecting people from hazards; or
e: a statement of preferred practices or arrangements relating to employee participation in health and safety in the place of work; or
f: a statement of preferred practices or arrangements relating to worker participation in a mining operation.
2: WorkSafe may issue any amendment or revocation of a code of practice.
3: Subject to subsection (4), a code of practice may incorporate, adopt, or apply, with or without modification, all or any part of any other document prepared or issued by any body or authority, including the Environmental Protection Authority established by section 7
4: WorkSafe must not issue or amend a code of practice in a way that adopts with modification any document previously approved by another Minister of the Crown or any compliance document (within the meaning of the Building Act 2004
20A: Code to be approved by Minister
1: A code of practice, an amendment to a code of practice, or a revocation of a code of practice has no force or effect until it has been approved by the Minister.
2: The Minister must not approve any code, amendment, or revocation, unless—
a: at least 28 days have passed since the publication in the Gazette
b: the Minister has consulted any persons that will be affected by the code, amendment, or revocation (or representatives of those persons), and they have had the opportunity to consider its possible effects and to comment on the effects to the Minister; and
c: the Minister has considered any comments made to the Minister concerning the effects.
3: However, the Minister may approve a code, amendment, or revocation without complying with the requirements of subsection (2)(a) or (b) if the Minister is satisfied that sufficient consultation has already taken place in respect of the matters in the code, amendment, or revocation.
4: When the Minister approves a code, amendment, or revocation, the Minister must—
a: publish a notice of the approval in the Gazette
b: show the date of the approval on the code, amendment, or revocation and publish it in any manner the Minister thinks fit.
5: The fact that the Minister has published a notice of approval in the Gazette
20B: Court may have regard to code
1: A court may, in determining whether or not a person charged with failing to comply with any provision of this Act has complied with the provision, have regard to any approved code of practice that—
a: was in force at the time of the alleged failure; and
b: in the form in which it was then in force, related to matters of a kind to which the provision relates.
2: In any proceedings, a document purporting to be an approved code of practice, or an amendment of an approved code of practice, issued by WorkSafe is, in the absence of proof to the contrary, deemed to be an approved code of practice or an amendment of an approved code of practice.
3: Subsection (2) does not affect any other method of proof of an approved code of practice or an amendment of an approved code of practice.
20C: Codes to be made available
1: WorkSafe must ensure that every approved code of practice is, at all reasonable times, made available to the public for inspection free of charge—
a: in hard copy at every office of WorkSafe; and
b: on an Internet site maintained by, or on behalf of, WorkSafe.
2: WorkSafe may charge any person a reasonable fee for—
a: providing the person with a hard copy of an approved code of practice; or
b: allowing the person to use equipment under WorkSafe's control to copy all or any part of an approved code of practice.
3: Nothing in this section requires WorkSafe to allow any person to use equipment under WorkSafe's control to copy all or any part of an approved code of practice. Competencies in mining industry
20D: New Zealand Mining Board of Examiners
WorkSafe must establish a board to be known as the New Zealand Mining Board of Examiners.
20E: Functions of Board
The Board has the following functions:
a: to advise WorkSafe on competency requirements for mine workers:
b: to examine applicants, or have applicants examined, for certificates of competence:
c: to issue, renew, cancel, and suspend certificates of competence:
d: any other function relating to training and competency requirements for participants in the extractives industry conferred on the Board by regulations made under this Act.
20F: Membership of Board
1: WorkSafe may at any time appoint a member of the Board.
2: The appointment of a member of the board must be for a specified period.
3: WorkSafe must appoint one of the members of the Board as the chairperson of the board.
4: When appointing a member of the Board, WorkSafe must have regard to the need to ensure that the Board has among its members knowledge and experience of—
a: mining operations:
b: health and safety inspection in the mining industry:
c: mining education:
d: mining industry training.
5: Without limiting subsection (4), the Board may include 1 or more employees of WorkSafe.
6: A member of the board may resign by notice in writing to WorkSafe.
7: Clause 15 of Schedule 5 Schedule 5
20G: Proceedings of Board
The Board may determine its own procedure.
20H: Board levy
1: The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, make regulations imposing a levy on mine operators to fund the direct and indirect costs incurred by the Board in performing the Board's functions to the extent they relate to mining operations.
2: The regulations must—
a: specify how the levy rate or rates are calculated:
b: specify the mine operators or classes of mine operators responsible for paying the levy:
c: specify, if the levy is to be paid at different rates, the mine operators, mining operations, thing being extracted, or other things or the classes of mine operators, mining operations, thing being extracted, or other things to which the different rates apply:
d: specify when and how the levy is to be paid:
e: specify the persons or classes of persons, if any, exempt from paying the levy.
3: Without limiting subsections (1) and (2), the regulations may—
a: specify the returns to be made to WorkSafe or some other person or body for the purpose of enabling or assisting the determination of amounts of levy payable:
b: specify the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for paying the levy:
c: for the purpose of ascertaining whether the regulations are being complied with,—
i: require the keeping of accounts, statements, and records of a specified class or description by either or both of WorkSafe and the persons responsible for paying the levy; and
ii: require the retention of the accounts, statements, and records for a specified period:
d: provide for the establishment of a dispute resolution process for disputes relating to levies, including—
i: the appointment of persons to resolve the disputes; and
ii: the procedures to be followed by the persons; and
iii: the remuneration of the persons.
4: Before making a recommendation under this section, the Minister must—
a: receive advice from WorkSafe on the proposed levy; and
b: consult the people responsible for paying the proposed levy.
13: Section 21 amended (Regulations)
Replace section 21(1)(b)
b: without limiting paragraph (a), imposing duties relating to the health or safety of mine workers on—
i: mine operators:
ii: mine workers:
iii: site senior executives:
c: the default worker participation system for the purpose of section 19U
d: the requirements for conducting elections of site health and safety representatives for the purpose of section 19V(1)
e: the form of the identity card to be held by an industry health and safety representative:
f: prescribing the information to be provided to WorkSafe for the purpose of section 19ZV(b)
g: prescribing the information to be contained in the register kept under section 19ZZB
h: prescribing functions of the New Zealand Mining Board of Examiners for the purpose of section 20E(d)
i: providing for any other matters contemplated by this Act and necessary for its administration or necessary for giving it full effect.
14: Section 22 amended (Application of regulations)
In section 22
2: Regulations under section 21(1)(b)
a: on all mine operators:
b: on mine operators of a particular kind or description:
c: on all site senior executives:
d: on site senior executives of a particular kind or description:
e: on all mine workers:
f: on mine workers of a particular kind or description:
g: in relation to all mining operations:
h: in relation to mining operations of a particular class or description.
15: Section 23 amended (Other provisions relating to regulations)
1: In section 23 section 21(1)(a) section 21(1)(a) or (b)
2: After section 23(1)(e)
ea: the competency requirements to be met by site health and safety representatives and industry health and safety representatives: .
3: After section 23(1)(f)
fa: the prescribing by WorkSafe, by notice in the Gazette
i: requirements to be met for the granting of certificates of competence:
ii: other competency requirements for mine workers, site senior executives, site health and safety representatives, and industry health and safety representatives: .
16: Section 31 amended (Powers of entry and inspection)
After section 31(6)
7: In this section, a reference to an employee includes any mine worker and a reference to an employer includes any mine operator.
17: Section 33 amended (Powers to take samples and other objects and things)
After section 33(3)
4: In this section, a reference to an employer includes any mine operator.
18: New section 39A inserted (Inspectors may issue improvement notices in relation to mining operation)
After section 39
39A: Inspectors may issue improvement notices in relation to mining operation
1: An inspector may, in relation to a mining operation, give a person written notice to comply with a provision of this Act or of regulations made under this Act, if the inspector believes on reasonable grounds that the person is failing to comply with that provision or is likely to fail to comply with that provision.
2: An improvement notice must state that the inspector concerned believes that the person to whom or which it relates is failing, or is likely to fail, to comply with the provision, and must specify—
a: the provision; and
b: the inspector's reasons for believing that the person is failing, or is likely to fail, to comply with the provision; and
c: the nature of the failure or likely failure; and
d: a day before which compliance is to be completed.
3: An improvement notice may specify steps that could be taken to ensure compliance with the provision concerned.
4: Every person to whom or to which an improvement notice is given or posted must comply with it.
5: Nothing in this section limits the power of an inspector under section 39
19: New section 41A inserted (Inspectors may issue prohibition notices in relation to mining operation)
After section 41
41A: Inspectors may issue prohibition notices in relation to mining operation
1: This section applies if, in relation to a mining operation,—
a: an inspector believes that there is a likelihood of serious harm to any person because of a failure to comply with any provision of this Act or of regulations made under this Act; or
b: an inspector believes on reasonable grounds that it is likely that a person will fail to comply with any provision of this Act or of regulations made under this Act and that failure would be likely to cause serious harm to any person.
2: The inspector may give written notice to stop, or not start, the carrying on, continuing, operating, storing, transporting, or use of the activity, building, place of work, plant, process, situation, structure, or substance, that the inspector believes to constitute the hazard that is likely to cause serious harm until an inspector is satisfied that measures sufficient to eliminate the hazard, or minimise the likelihood that the hazard will be a source of harm, have been taken.
3: A prohibition notice must specify—
a: the hazard to which it relates; and
b: the inspector's reasons for believing that the hazard is likely to cause serious harm.
4: A prohibition notice may require the withdrawal of all mine workers of a specified kind or description except such mine workers as may be necessary to deal with the hazard.
5: A prohibition notice may specify steps that could be taken to eliminate the hazard or minimise the likelihood that the hazard will be a source of harm.
6: Nothing in this section limits the power of an inspector under section 41
20: Section 42 amended (Service of prohibition notices)
1: In section 42(1) prohibition notice under section 41
2: In section 42(2) notice under section 41
3: After section 42(2)
3: An inspector who gives a prohibition notice under section 41A
a: fix the notice to or near the part of the place of work or plant to which it relates and give a copy of it to the site senior executive, or another representative of the mine operator, on behalf of the mine operator; or
b: give the notice to the site senior executive, or another representative of the mine operator, on behalf of the mine operator.
4: No person may remove a notice under section 41A
21: Section 43 amended (Compliance with prohibition notices)
1: In section 43 notice under section 41
2: In section 43
2: A mine operator to whom a prohibition notice under section 41A
22: Section 50 amended (Other offences)
In section 50(1)(b) 19B, section 19Q(1), section 19ZN(2), section 19ZG(4), section 19ZH(3), section 19ZL
23: Section 56D amended (Inspector may require information)
1: After section 56D(1)(b)(iii)
iiia: a mine operator:
iiib: a mine worker:
iiic: a site senior executive: .
2: After section 56D(2)(b)(i)
ia: a mine operator: .
24: Section 59 amended (Funding)
1: In section 59(1) certain Crown costs
a: WorkSafe carrying out its functions under any enactment:
b: any agency designated under section 28B Hazardous Substances and New Organisms Act 1996
c: the Crown administering the relevant health and safety legislation (within the meaning of section 3
d: collecting the funding levy .
2: In section 59(2) the expected cost to the Crown of the administration of this Act certain Crown costs
3: In section 59(5) the Secretary WorkSafe
25: New section 63 and Schedule 1AA inserted
1: After section 62
63: Application, savings, and transitional provisions
The application, savings, and transitional provisions set out in Schedule 1AA
2: Before Schedule 1 Schedule 1
26: Further amendments
The enactments specified in Schedule 2 2013-12-16 Employment Relations Act 2000 Privacy Act 1993 |
DLM5137305 | 2013 | Conservation Amendment Act 2013 | 1: Title
This Act is the Conservation 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 Conservation Amendment Act 2013 Commencement Order 2013
3: Principal Act
This Act amends the Conservation Act 1987 principal Act OIC SR 2013/123 2013-05-24 Conservation Act 1987 This Act comes into force on 24 May 2013 by SR 2013/123
4: Section 2 amended (Interpretation)
1: In section 2(1) Ramsar Administrative Authority Ramsar Secretariat .
2: In section 2(2) section 18(1) section 18AA(1)
5: Section 8 amended (Conservation area may become reserve, national park, etc)
1: After section 8(1A)
1B: Subsection (1A) is subject to subsection (4)
2: After section 8(3)
4: The Minister must not act under subsection (1A) to declare a conservation area—
a: to be a nature reserve or a scientific reserve under the Reserves Act 1977; or
b: to be included in an existing nature reserve or scientific reserve under that Act.
6: New sections 18AA and 18AB inserted
In Part 4, before section 18
18AA: Governor-General may confer additional protection or preservation requirements
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, declare any conservation area—
a: to be held for the purpose of a wilderness area, a sanctuary area, or both; and
b: to have the official geographic name stated in the order.
2: Before making a recommendation under subsection (1)
a: refer the proposed name to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa for review under subpart 3 of Part 2 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008; and
b: give public notice of the intention to recommend the making of the order that includes the proposed name for the area.
3: Section 49 applies, with the necessary modifications, to a notice given under subsection (2)(b)
4: A conservation area declared to be held for the purpose of a wilderness area, a sanctuary area, or both, under this section must be managed in a manner that is consistent with that purpose or those purposes (as the case may be).
5: The Governor-General may, by Order in Council made on the recommendation of the Minister, vary or revoke the purpose, or all or any of the purposes, for which any conservation area held under subsection (1)
6: Before making a recommendation under subsection (5)
18AB: Governor-General may declare that wetland be notified to Ramsar Secretariat
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: specify a wetland and the details of the area of the wetland; and
b: declare that the Minister for the time being responsible for the Ramsar Administrative Authority must notify the Ramsar Secretariat of the wetland and the details of the area of the wetland; and
c: declare that the wetland is to have the official geographic name stated in the order.
2: Before making a recommendation under subsection (1)
7: Section 18 amended (Minister may confer additional specific protection or preservation requirements)
In section 18(1) a sanctuary area, a wilderness area, |
DLM5621200 | 2013 | Criminal Investigations (Bodily Samples) Amendment Act 2013 | 1: Title
This Act is the Criminal Investigations (Bodily Samples) 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 Criminal Investigations (Bodily Samples) Act 1995 principal Act 2013-12-05 Criminal Investigations (Bodily Samples) Act 1995
4: Section 4A amended (Detained under sentence of imprisonment)
1: In section 4A(1) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule
2: In section 4A(2)(a)
a: replace a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule
b: replace the relevant offence the offence
3: In section 4A(2)(b) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule
4: In section 4A(3) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule
5: Section 24P amended (Information that may be kept on Part 2B temporary databank)
1: In section 24P(a) relevant
2: In section 24P
2: In this section, related offence
a: a related imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, if the bodily sample was taken under section 24J; or
b: a related relevant offence, if the bodily sample was taken under section 24K.
6: Section 36 amended (Withdrawal of consent after sample taken)
In section 36(2) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule
7: Section 39C amended (Date and place for taking of sample to be specified in databank compulsion notice)
In section 39C(3) and (4) relevant
8: Section 40 amended (Databank compulsion notice of no effect if conviction for relevant offence quashed)
1: In the heading to section 40 for relevant offence
2: In section 40(1) relevant
9: Section 41 amended (Databank compulsion notice hearing may be requested on certain grounds)
1: In section 41(2)(a)(i) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule
2: In section 41(2)(a)(ii) relevant
3: In section 41(2)(b) relevant
4: In section 41(2)(e) relevant
5: In section 41(4) relevant
10: Section 43A amended (Change of circumstances before databank compulsion notice hearing takes place or is completed)
In section 43A(1) relevant
11: Section 44 amended (Further databank compulsion notice)
In section 44(2) relevant
12: Section 45 amended (Judge may issue warrant for arrest and detention)
In section 45(3)(b) relevant
13: Section 47 amended (Variation by Judge on application of place and date for taking sample)
In section 47(2)(b) relevant
14: Section 60A amended (Disposal of bodily samples and identifying information obtained under Part 2B)
1: In section 60A(3)(a) relevant
2: After section 60A(4)
5: In this section, related offence
a: a related imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, if the bodily sample was taken under section 24J; or
b: a related relevant offence, if the bodily sample was taken under section 24K.
15: Section 61 amended (Extension of period for which sample may be retained)
1: In section 61(3)(a) relevant
2: After section 61(5)
6: In this section, related offence
a: a related imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, if the bodily sample was taken under section 24J; or
b: a related relevant offence, if the bodily sample was taken under section 24K.
16: Section 62 amended (Disposal of bodily samples and identifying information obtained under Part 3)
In section 62(4)(a) a relevant offence an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule |
DLM5073000 | 2013 | Plumbers, Gasfitters, and Drainlayers Amendment Act 2013 | 1: Title
This Act is the Plumbers, Gasfitters, and Drainlayers 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 Plumbers, Gasfitters, and Drainlayers Act 2006 principal Act 2013-09-14 Plumbers, Gasfitters, and Drainlayers Act 2006
1: Extension of purposes for which Board may impose levy
4: Section 143 amended (Disciplinary levy)
1: In the heading to section 143 Disciplinary and prosecution
2: Replace section 143(1)
1: The Board may, by notice in the Gazette
a: investigations into allegations or complaints against registered persons; and
b: proceedings concerning discipline under Part 3; and
c: investigations into, and prosecutions against persons for, the breach of any Act or regulation relating to sanitary plumbing, gasfitting, or drainlaying.
2: Validation of disciplinary levy and offences fee
5: New sections 171A and 171B inserted
After section 171
171A: Validation of disciplinary levy
1: A disciplinary levy payable during the period beginning on 1 April 2007 and ending on the close of 11 January 2012 is and always has been validly imposed by the Board.
2: Money received by the Board in payment of a disciplinary levy validated by subsection (1)
3: In this section, disciplinary levy payable
a: Plumbers, Gasfitters and Drainlayers Board (Fees) Amendment Notice 2007 ( Gazette
b: Plumbers, Gasfitters and Drainlayers Board (Fees) Amendment Notice (No 2) 2007 ( Gazette Gazette
c: Plumbers, Gasfitters and Drainlayers Board (Fees) Amendment Notice (No 3) 2007 ( Gazette
d: Plumbers, Gasfitters and Drainlayers Board (Fees) Notice 2010 ( Gazette Gazette
e: Plumbers, Gasfitters and Drainlayers Board (Fees) Notice 2010 ( Gazette Gazette Gazette
171B: Validation of offences fee
1: An offences fee payable on and from 12 January 2012 is and always has been validly prescribed by the Board.
2: The Board must not amend an offences fee validated by subsection (1)
3: Money received by the Board in payment of an offences fee validated by subsection (1)
4: In this section, offences fee payable
a: Plumbers, Gasfitters and Drainlayers Board (Fees) Notice 2010 ( Gazette Gazette
b: Plumbers, Gasfitters and Drainlayers (Fees and Disciplinary Levy) Notice 2013 ( Gazette |
DLM4096102 | 2013 | Medicines Amendment Act 2013 | 1: Title
This Act is the Medicines Amendment Act 2013.
2: Commencement
1:
2: The rest of 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 in Council may be made bringing different provisions into force on different dates):
b: 1 July 2014. Section 2(1) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
3: Principal Act amended
This Act amends the Medicines Act 1981 2017-07-01 Medicines Act 1981 ss 5(2), 8, 11–15, 17–21, 29(1), 32, 33(2) & 34. Can be brought into force earlier by OIC. 2014-07-01 Medicines Act 1981 Other than ss 5(2), 8, 11–15, 17–21, 29(1), 32, 33(2) & 34. Can be brought into force earlier by OIC.
1: Amendments to principal Act
4: Interpretation
1: Section 2(1) authorised prescriber authorised prescriber
a: a nurse practitioner; or
b: an optometrist; or
c: a practitioner; or
d: a registered midwife; or
e: a designated prescriber
2: The definition of designated prescriber section 2(1)
a: inserting , nurse practitioner, optometrist, practitioner
b: inserting in paragraph (a) specified prescription medicines, or any any
3: Section 2(1) medical device medical device section 3A
4: Paragraph (a) of the definition of standing order section 2(1) a practitioner or registered midwife a practitioner, registered midwife, nurse practitioner, or optometrist
5: Paragraph (c) of the definition of standing order section 2(1) a practitioner, or midwife a practitioner, registered midwife, nurse practitioner, or optometrist
6: Section 2(1) delegated prescriber delegated prescribing order delegated prescribing rights section 105(1)(qaa) nurse practitioner
a: who is, or is deemed to be, registered with the Nursing Council as a practitioner of the profession of nursing; and
b: for whom the Nursing Council has authorised a scope of practice that includes prescribing medicines Nursing Council optometrist
a: who is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board as a practitioner of optometry; and
b: for whom the Optometrists and Dispensing Opticians Board has authorised a scope of practice that includes prescribing medicines Optometrists and Dispensing Opticians Board regulations responsible authority
5: Meaning of medicine, new medicine, prescription medicine, and restricted medicine
1: Section 3
1: In this Act, unless the context otherwise requires, medicine
a: means any substance or article that—
i: is manufactured, imported, sold, or supplied wholly or principally for administering to 1 or more human beings for a therapeutic purpose; and
ii: achieves, or is likely to achieve, its principal intended action in or on the human body by pharmacological, immunological, or metabolic means; and
b: includes any substance or article—
i: that is manufactured, imported, sold, or supplied wholly or principally for use as a therapeutically active ingredient in the preparation of any substance or article that falls within paragraph (a); or
ii: of a kind or belonging to a class that is declared by regulations to be a medicine for the purposes of this Act; but
c: does not include—
i: a medical device; or
ii: any food within the meaning of section 2 of the Food Act 1981; or
iii: any radioactive material within the meaning of section 2(1) of the Radiation Protection Act 1965; or
iv: any animal food in which a medicine (within the meaning of paragraph (a) or (b)) is incorporated; or
v: any animal remedy; or
vi: any substance or article of a kind or belonging to a class that is declared by regulations not to be a medicine for the purposes of this Act.
2:
3: Section 3(3) prescription medicine prescription medicine
a: sold by retail only under a prescription given by an authorised prescriber, veterinarian, or delegated prescriber; and
b: supplied in circumstances corresponding to retail sale only—
i: under a prescription given by an authorised prescriber, veterinarian, or delegated prescriber; or
ii: in accordance with a standing order; and
c: administered only in accordance with—
i: a prescription given by an authorised prescriber, veterinarian, or delegated prescriber; or
ii: a standing order Section 5(2) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
6: New section 3A inserted
The following section is inserted after section 3
3A: Meaning of medical device
In this Act, unless the context otherwise requires, medical device
a: means any device, instrument, apparatus, appliance, or other article that—
i: is intended to be used in, on, or for human beings for a therapeutic purpose; and
ii: does not achieve its principal intended action in or on the human body by pharmacological, immunological, or metabolic means (but may be assisted in its function by such means); and
b: includes a material that—
i: is intended to be used in or on human beings for a therapeutic purpose; and
ii: does not achieve its principal intended action in or on the human body by pharmacological, immunological, or metabolic means (but may be assisted in its function by such means); and
c: also includes—
i: anything that is intended to be used with a device, instrument, apparatus, appliance, article, or material referred to in paragraph (a) or (b) to enable the device, instrument, apparatus, appliance, article, or material to be used as its manufacturer intends; and
ii: any device, instrument, apparatus, appliance, article, or material of a kind or belonging to a class that is declared by regulations to be a medical device for the purposes of this Act; but
d: does not include a device, instrument, apparatus, appliance, article, or material of a kind or belonging to a class that is declared by regulations not to be a medical device for the purposes of this Act.
7: New section 4 substituted
Section 4
4: Meaning of therapeutic purpose
In this Act, unless the context otherwise requires, therapeutic purpose
a: preventing, diagnosing, monitoring, alleviating, treating, curing, or compensating for, a disease, ailment, defect, or injury; or
b: influencing, inhibiting, or modifying a physiological process; or
c: testing the susceptibility of persons to a disease or ailment; or
d: influencing, controlling, or preventing conception; or
e: testing for pregnancy; or
f: investigating, replacing, or modifying parts of the human anatomy.
8: Functions, powers, and procedures of Medicines Review Committee
Section 8 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
9: Sale of medicines by retail
Section 18 a practitioner, registered midwife, veterinarian, or designated prescriber an authorised prescriber, a veterinarian, or a delegated prescriber
10: Administering prescription medicines
Section 19(1)(a) or delegated prescriber authorised prescriber
11: Restrictions on sale or supply of new medicines
Section 11 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
12: New sections 20A to 23AAB substituted
Section 12 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
13: Interpretation
Section 13 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
14: New sections 23D to 24AA substituted
Section 14 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
15: Exemptions for pharmacists
Section 15 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
16: Exemptions for veterinarians and certain registered health practitioners
1: Section 27(b)
2: Section 27(c)(ii)
17: Exemption for medicine required by medical practitioner
Section 17 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
18: Exemption for clinical trial
Section 18 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
19: Exemptions in respect of importation by the Crown
Section 19 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
20: Revocation and suspension of consents
Section 20 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
21: Control of established medicines
Section 21 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
22: Restriction on authorised prescribers holding interest in pharmacies
1: The heading to section 42C and delegated prescribers authorised prescribers
2: Section 42C(1) or delegated prescriber authorised prescriber
3: Section 42C(2) or delegated prescriber authorised prescriber
4: Section 42C(3)
a: inserting or delegated prescriber the authorised prescriber
b: inserting , or delegated prescriber, of the authorised prescriber
23: Restrictions on possession of prescription medicines
1: Section 43(2)(c)(i)
a: inserting or a delegated prescriber an authorised prescriber
b: inserting or delegated prescriber another authorised prescriber
2: Section 43(6)
24: New section 47A inserted
The following section is inserted after section 47
47A: Effect of grant of delegated prescribing rights
If regulations made under sections 105(1)(qaa) and 105D
a: an authorised prescriber who is not a designated prescriber may, in accordance with the regulations, issue a delegated prescribing order to a specified person belonging to that class of registered health professional; and
b: the person to whom the delegated prescribing order is issued (the delegated prescriber) may prescribe specified prescription medicines, or a specified class or description of prescription medicines, in accordance with the terms of his or her delegated prescribing order.
25: Powers of Minister to prohibit prescribing, etc
1: Section 48(1)(a) specified practitioner, veterinarian, registered midwife, or designated prescriber specified authorised prescriber, veterinarian, or delegated prescriber
2: Section 48(2)
ea: in the case of an optometrist, except on the recommendation of the Optometrists and Dispensing Opticians Board; or
3: Section 48(2)
f: in the case of any other designated prescriber or delegated prescriber, except on the recommendation of the responsible authority for the health profession to which the designated prescriber or delegated prescriber belongs.
26: Restrictions on supply to particular persons
Section 49(2) practitioner, registered midwife, or designated prescriber authorised prescriber or delegated prescriber
27: Statements regarding persons dependent on prescription medicines or restricted medicines
Section 49A(3)
f: authorised prescribers:
g: delegated prescribers:
28: Grant of licences
1: Section 51
1A: In determining, under subsection (1)(b), whether an applicant is a fit and proper person or of good repute (as the case requires), the licensing authority may take into account, among other things,—
a: any conviction of the applicant for—
i: an offence under this Act, or regulations made under it; or
ii: an offence under the Misuse of Drugs Act 1975, or regulations made under it; or
iii: a crime involving dishonesty (within the meaning of section 2(1) of the Crimes Act 1961); and
b: any determination of a professional conduct committee.
2: Section 51
4: A licence—
a: must be in the prescribed form; and
b: is subject to—
i: any conditions that the licensing authority thinks fit; and
ii: any conditions specified in regulations.
4A: The licensing authority may, by written notice to the holder of a licence, revoke or amend any condition imposed under subsection (4)(b)(i) or add any new condition.
3: Section 51
6: If in any case the licensing authority is satisfied that the holder of a licence has failed or is failing to comply with any conditions attached to the licence, the licensing authority may cancel the licence.
6AA: The licensing authority may not cancel a licence under subsection (6) unless the holder has been given a reasonable opportunity to be heard, or to make written submissions, in relation to the matter.
6AAB: The licensing authority may suspend a licence for a reasonable period to enable the licensing authority to consider whether to cancel the licence under subsection (6).
4: Section 51(6A) (6) (4A) or (6)
5: Section 51
8: In this section, professional conduct committee
29: Effect of licences
1:
2: Section 52
3: A licence is subject to—
a: any conditions imposed by the licensing authority under section 51(4)(b)(i) or (4A)
b: any conditions specified in regulations. Section 29(1) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
30: Offences in relation to authorised prescribers
1: The heading to section 76A and delegated prescribers
2: Section 76A or to any delegated prescriber authorised prescriber
31: New section 87 substituted
Section 87
87: Notification of conviction of practitioners, etc
If a person who is a veterinarian, practitioner, pharmacist, nurse, optometrist, designated prescriber, or delegated prescriber is convicted of an offence against this Act or regulations made under it, the court must send particulars of the conviction to—
a: the Registrar of the Veterinary Council of New Zealand, if the person is a veterinarian; or
b: the responsible authority for the health profession to which the person belongs, in any other case.
32: Right of appeal to High Court
Section 32 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
33: Interpretation
1: Section 94(1)
aa: any medical device:
2: Section 33(2) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
34: Certain provisions to apply to related products as if medicines
Section 34 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
35: Regulations
1: Section 105(1)(a) , and the manner of making applications under this Act
2: Section 105(1)
aaa: prescribing, in relation to any application or class of application under this Act, any of the following:
i: the manner in which the application must be made; and
ii: the information that must accompany or be contained in the application; and
iii: the manner in which the application must be determined by the decision-maker; and
iv: any matters that the decision-maker must take into account when determining the application:
3: Section 105(1)
i: specifying, by name or description, substances or articles, or kinds or classes of substances or articles, that are, or are not, medicines or medical devices for the purposes of this Act:
4: Section 105(1)(q) practitioners, veterinarians, registered midwives, and designated prescribers of prescriptions for the supply of any medicine authorised prescribers, veterinarians, and delegated prescribers of prescriptions for the supply of any medicine, including the transmission and storage of prescriptions
5: Section 105(1)
qa: authorising any class of registered health professional to prescribe specified prescription medicines, or a specified class or description of prescription medicines, in accordance with any conditions, limitations, requirements, or restrictions specified in or imposed under the regulations:
qaa: granting and regulating delegated prescribing rights:
6: Section 105
5A: For the purposes of subsection (1)(qa),—
a: specified prescription medicines Gazette
b: specified class or description of prescription medicines Gazette
5B: Before issuing a notice under subsection (5A), the Director-General must consult with those organisations or bodies that appear to the Director-General to be representative of persons likely to be substantially affected by the notice.
36: Regulations relating to practitioners, veterinarians, and registered midwives
1: Section 105A Regulations relating to veterinarians and authorised prescribers who are not designated prescribers
2: Section 105A practitioner, veterinarian, or registered midwife veterinarian, or authorised prescriber who is not a designated prescriber
3: Section 105A(2)
a: in the case of a veterinarian or any class of veterinarian, the Veterinary Council of New Zealand:
b: in any other case, the responsible authority for the health profession to which the person belongs.
37: New sections 105D to 105F inserted
The following sections are inserted after section 105C
105D: Regulations relating to delegated prescribers
Without limiting the generality of section 105(1)(d) or (qaa), regulations may be made under section 105(1)(qaa)
a: granting delegated prescribing rights to any class of registered health professional:
b: regulating the issue of delegated prescribing orders by authorised prescribers:
c: specifying the responsibilities of authorised prescribers who issue delegated prescribing orders:
d: imposing conditions, limitations, requirements, or restrictions in relation to the contents of delegated prescribing orders and their use:
e: requiring any person who belongs to any class of registered health professional with delegated prescribing rights, or a specified class of those persons, before commencing to prescribe prescription medicines or prescription medicines of a specified class or description under a delegated prescribing order, to satisfy 1 or more of the following requirements:
i: to obtain any specified qualification or any qualification specified from time to time by notice in the Gazette
ii: to undertake specified training or any training specified from time to time by notice in the Gazette
iii: to demonstrate, to the satisfaction of the responsible authority, that the person is sufficiently knowledgeable to safely prescribe prescription medicines or prescription medicines of a specified class or description:
f: requiring any delegated prescriber or any class of delegated prescriber to undergo specified training or to undergo training specified from time to time by notice in the Gazette
g: requiring any delegated prescriber or any class of delegated prescriber to undergo an assessment of competence to prescribe prescription medicines of a specified class or description (including an assessment at regular intervals):
h: prohibiting any person who fails to comply with any requirement imposed by or under regulations referred to in paragraphs (e) to (g) from prescribing prescription medicines or prescription medicines of any specified class or description.
105E: Power of Director-General to specify prescription medicines for delegated prescribers
1: The Director-General may, by notice in the Gazette
2: Before issuing a notice under subsection (1), the Director-General must consult with those organisations or bodies that appear to the Director-General to be representative of persons likely to be substantially affected by the notice.
105F: Incorporation by reference
1: Regulations made under section 105 may incorporate the following written material by reference:
a: a standard, framework, code of practice, recommended practice, or requirement of an international or national organisation:
b: a standard, framework, code of practice, recommended practice, or requirement prescribed in any country or jurisdiction, or by any group of countries:
c: any other written material that deals with technical matters and that can reasonably be regarded as being too large or impractical to include in, or publish as part of, the regulations.
2: The provisions of Schedule 3
38: New Schedule 3 added
The principal Act is amended by adding the Schedule 3 Schedule
39: Amendment relating to Legislation Act 2012
Schedule 3 (as added by section 38
6: Application of Legislation Act 2012 to material incorporated by reference
1: Part 2 of the Legislation Act 2012 does not apply to material incorporated by reference in regulations in reliance on section 105F
2: Subpart 1 of Part 3 of the Legislation Act 2012 applies to regulations that incorporate material by reference in reliance on section 105F
3: However, nothing in section 41 of the Legislation Act 2012 requires material that is incorporated by reference in regulations in reliance on section 105F
2: Consequential amendments to other enactments, transitional provisions, and related matters
1: Amendments to Misuse of Drugs Act 1975
40: Amendments to Misuse of Drugs Act 1975
Sections 41 to 47 2014-07-01 Misuse of Drugs Act 1975 Can be brought into force earlier by OIC
41: Interpretation
Section 2(1) nurse practitioner
a: who is, or is deemed to be, registered with the Nursing Council as a practitioner of the profession of nursing; and
b: for whom the Nursing Council has authorised a scope of practice that includes prescribing medicines Nursing Council optometrist
a: who is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board as a practitioner of optometry; and
b: for whom the Optometrists and Dispensing Opticians Board has authorised a scope of practice that includes prescribing medicines Optometrists and Dispensing Opticians Board
42: Exemptions from sections 6 and 7
1: Section 8(1) nurse practitioner, optometrist, midwife,
2: Section 8(2)
3: Section 8(2)(b)(iii) nurse practitioner, optometrist, midwife, dentist,
4: Section 8(2)
5: Section 8(2)
6: Section 8(2)(l) nurse practitioner, optometrist, midwife, medical practitioner,
7: Section 8(2A)(a) designated prescriber or any midwife designated prescriber, nurse practitioner, optometrist, or midwife
43: Statements regarding drug dependent persons
Section 20(3)
fc: nurse practitioners:
fd: optometrists:
44: Powers of Minister to prohibit prescribing, etc
1: Section 23(1)(a) nurse practitioner, optometrist, midwife,
2: Section 23(1)
3: Section 23(2)
da: in the case of a nurse practitioner, except on the recommendation of the Nursing Council; or
db: in the case of an optometrist, except on the recommendation of the Optometrists and Dispensing Opticians Board; or
4: Section 23(6) nurse practitioner, optometrist, midwife,
5: Section 23(7)
45: Treatment of people dependent on controlled drugs
Section 24(1A) , nurse practitioner, optometrist, midwife
46: Section 33 substituted
Section 33
33: Notification of conviction of medical practitioners, etc
1: If a person who is a veterinarian, medical practitioner, pharmacist, dentist, midwife, nurse practitioner, optometrist, or designated prescriber is convicted of any offence against this Act or regulations made under it, the court must send particulars of the conviction to—
a: the Registrar of the Veterinary Council of New Zealand, if the person is a veterinarian; or
b: the responsible authority for the health profession to which the person belongs, in any other case.
2: In this section, responsible authority
47: Regulations
Section 37(1)(g) nurse practitioners, optometrists, midwives,
2: Amendments to, and revocation of, regulations
48: Amendment to Electricity (Safety) Regulations 2010
1: This section amends the Electricity (Safety) Regulations 2010
2: The definition of electrical medical device regulation 4(1) section 2(1) section 3A 2014-07-01 Electricity (Safety) Regulations 2010 Can be brought into force earlier by OIC.
49: Amendment to Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
1: This section amends the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
2: Regulation 5(2)(a) section 3(1)(b) section 3(1)(b)(i) 2014-07-01 Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001 Can be brought into force earlier by OIC.
50: Amendment to Medicines (Database of Medical Devices) Regulations 2003
1: This section amends the Medicines (Database of Medical Devices) Regulations 2003
2: The definition of medical device regulation 3 section 2(1) section 3A 2014-07-01 Medicines (Database of Medical Devices) Regulations 2003 Can be brought into force earlier by OIC.
51: Regulations revoked
The following regulations are revoked:
a: Medicines (Designated Prescriber: Nurse Practitioners) Regulations 2005
b: Medicines (Designated Prescriber: Optometrists) Regulations 2005 2014-07-01 Medicines (Designated Prescriber: Nurse Practitioners) Regulations 2005 Medicines (Designated Prescriber: Optometrists) Regulations 2005 Can be brought into force earlier by OIC.
3: Transitional provision
52: Transitional provision regarding medicines
1: This section applies to any substance or article that—
a: was a medicine within the meaning of section 3
b: on the commencement date became a medical device by virtue of section 3A
c: on the commencement date is part of the existing stockintrade in New Zealand of any person carrying on a business in New Zealand.
2: A substance or an article to which this section applies may be sold or supplied after the commencement date as long as—
a: the substance or article continues to comply with the former law; and
b: any requirements in the former law that relate to or affect the continued sale or supply of the substance or article continue to be complied with.
3: In this section,— commencement date former law |
DLM5621300 | 2013 | Disputes Tribunals Amendment Act 2013 | 1: Title
This Act is the Disputes Tribunals 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 Disputes Tribunals Act 1988 principal Act 2013-12-05 Disputes Tribunals Act 1988
4: Section 7 amended (Appointment of Referees)
In section 7(3) term of 3 years term not exceeding 5 years |
DLM5265560 | 2013 | Unit Titles Amendment Act 2013 | 1: Title
This Act is the Unit Titles Amendment Act 2013.
2: Commencement
The following provisions of this Act come into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Unit Titles Act 2010 principal Act 2013-12-05 Unit Titles Act 2010
4: Section 5 amended (Interpretation)
In section 5(1) access lot access lot
a: a unit title development; or
b: a unit in a unit title development .
5: Section 30 amended (Alteration of proposed unit development plan)
In section 30(1)(b) any of sections 65 to 71 subpart 10 of this Part
6: Section 39 amended (Utility interest (other than for future development units))
Replace section 39(2)
2: The utility interest for a principal unit or accessory unit is the same as the ownership interest fixed under section 38(2), unless the utility interest—
a: is fair and equitable, having regard to the relevant benefits and the costs to units, and is shown on documentation required to be lodged with the unit plan deposited under section 17(1), 21(1), or 24(2)(a); or
b: has been reassessed under section 41.
7: Section 55 amended (Access lots)
Replace section 55(1)(a)
a: the base land to which a unit plan relates has an access lot associated with it; and .
8: Section 56 amended (Sale, lease, or licence of common property)
1: In section 56(1) and (2) lease or licence over the whole or any
2: In section 56(3) sell the whole or any
9: Section 60 amended (Existing easements and covenants affecting base land)
In section 60(3) by the easement or covenant
10: Section 86 amended (Power of body corporate to sign document)
In section 86(5) pursuant to subsection (3) pursuant to subsection (4)
11: Section 89 amended (Requirement for annual general meeting)
Replace section 89(1)
1: The first annual general meeting of a body corporate must be held as soon as practicable, and in any event within 6 months after the earlier of the following dates:
a: the date of the deposit of the unit plan:
b: the date of the settlement of the first sale of a unit.
12: Section 100 amended (Counting of votes if poll requested)
In section 100(3) 50% a majority
13: Section 104 amended (Passing of resolution without general meeting)
In section 104(3) not less than 50% of eligible voters in respect of an ordinary resolution or 75% of eligible voters in respect of a special resolution a majority of eligible voters in respect of an ordinary resolution, and not less than 75% of eligible voters in respect of a special resolution,
14: Section 127 amended (Recovery of money expended where person at fault)
In section 127(1) body corporate rules body corporate operational rules
15: Section 138 amended (Body corporate duties of repair and maintenance)
1: Replace section 138(1) and (2)
1: The body corporate must repair and maintain—
a: the common property; and
b: any assets designed for use in connection with the common property; and
c: any other assets owned by the body corporate; and
d: any building elements and infrastructure that relate to or serve more than 1 unit.
2: In section 138(4) repairs to or maintenance of
3: In section 138(5)(b) development ; and
4: After section 138(5)(b)
c: the duty to repair and maintain includes (without limitation) a duty to manage (for the purpose of repair and maintenance), to keep in a good state of repair, and to renew where necessary.
16: Section 144 amended (Interpretation)
In section 144 contain .
17: Section 147 amended (Pre-settlement disclosure to buyer)
In section 147(3)(b) or be accompanied by
18: Section 148 amended (Buyer may request additional disclosure)
1: In section 148(1) statement or may request some, but not all, of the information required to be in an additional disclosure statement ( specific prescribed information
2: In section 148(4) prescribed information or, if the buyer has requested only specific prescribed information, the specific prescribed information requested
3: In section 148(5) statement or specific prescribed information
19: Section 166 amended (Expiry of lease)
1: In section 166(1) Despite section 50(c), the term The term
2: In section 166(3) Despite section 50(c), at any time At any time
3: In section 166(5) The Registrar, on receiving the certificate, if the Registrar is satisfied that the term of the lease or any extended or renewed term has expired, and subject to the provisions of subsection (6), must— On receiving a certificate of expiry, if the Registrar is satisfied that the term of the lease or any extended or renewed term has expired, he or she must—
4: Replace section 166(7)
7: If the Registrar is served with a copy of an application under subsection (6), the Registrar may not take any action referred to in subsection (5) unless or until the Registrar is satisfied that the application for relief has been withdrawn or refused.
20: Section 171 amended (Jurisdiction of Tenancy Tribunals)
1: After section 171(1)
1A: To avoid doubt, and without limiting subsection (1), a unit title dispute may relate to a claim for unpaid levies.
2: After section 171(3)
3A: Without limiting the provisions of the Residential Tenancies Act 1986 that apply to a Tenancy Tribunal by virtue of section 176 of this Act, a Tenancy Tribunal may, in relation to a unit title dispute within its jurisdiction under this section, do any of the following:
a: order any party to do anything necessary to remedy a breach by that party of an obligation arising under this Act, the body corporate operational rules, or any agreement that is binding on the party and relevant to the unit title dispute:
b: order any party to refrain from doing anything that would constitute a breach of an obligation arising under this Act, the body corporate operational rules, or any agreement that is binding on the party and relevant to the unit title dispute:
c: make any supplementary orders of a consequential or ancillary nature necessary to exercise or perfect the exercise of any of its jurisdiction.
21: Section 173 amended (Jurisdiction of High Court)
After section 173(1)
1A: In addition to the jurisdiction conferred under subsection (1), the High Court also has jurisdiction to hear and determine a unit title dispute relating to the application of insurance money under section 136(4) for amounts in excess of $50,000.
22: Section 210 amended (General relief for minority where resolution required)
After section 210(1)
1A: Subsection (1) does not apply if the resolution is a designated resolution.
23: Section 211 amended (Relief in cases where special resolution required)
After section 211(1)
1A: An application for relief under subsection (1) must be made within 28 days of the close of voting on the resolution. (However, this subclause does not apply if the close of voting was before this subsection comes into force.)
24: Section 213 amended (Notices of designated resolutions)
In section 213(5) has made an application for relief under section 210 or |
DLM5644759 | 2013 | Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 | 1: Title
This Act is the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013.
2: Commencement
This Act comes into force on 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. Section 2 brought into force 28 February 2014 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Commencement Order 2014 Section 2 brought into force 31 October 2015 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Commencement Order 2015
3: Principal Act
This Act Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 principal Act OIC LI 2015/227 2015-10-31 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 This Act comes into force on 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. NB. Section 47(1) of this Act which amends the Maritime Transport Act 1994 comes into force by OIC. LI 2015/227 brings in force all remaining provisions not yet in force. OIC SR 2014/42 2014-02-28 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Sections 4(2), 5(1), 13(1), 15, 18, 25–32, 34–38, 43, 45, 46 into force on 28 February 2014.
4: Section 3 amended (Outline of Act)
1: Replace section 3(5)
5: Subpart 1
5A: Subpart 2
5B: Subpart 3
a: sets out, in sections 21 and 23
b: provides, in section 22
c: requires, in section 24
5C: Subpart 4
a: imposes, in section 25
b: clarifies, in section 26
2: In section 3(8) standard process for applying for a marine consent for a non-notified activity, the standard process for applying for a marine consent for a publicly notifiable activity,
3: After section 3(8)
8A: Subpart 3
4: In section 3(11)(c) under sections 132 and 133
5: In section 3(14) Acts Acts, regulations, and marine protection rules
5: Section 4 amended (Interpretation)
1: In section 4(1) customary marine title group discharge
a: includes any release, disposal, spilling, leaking, pumping, emitting, or emptying; but
b: does not include dumping dumping
a: means,—
i: in relation to waste or other matter, its deliberate disposal or storage; and
ii: in relation to a ship, an aircraft, or a structure, its deliberate disposal or abandonment; but
b: does not include—
i: the disposal into the sea of waste or other matter from a ship, an aircraft, or a structure, or the equipment of a ship, an aircraft, or a structure, if the disposal is incidental to, or derived from, the normal operation of the ship, aircraft, structure, or equipment; or
ii: the disposal or storage of waste or other matter directly arising from, or related to, a mining activity emergency dumping consent section 20H harmful substance incinerate at sea
a: means to deliberately dispose of waste or other matter by thermal destruction on board a ship or a structure at sea; but
b: does not include incinerating on board a ship or structure at sea waste or other matter that has been generated during the normal operation of a ship or a structure while at sea marine discharge consent section 87F marine dumping consent section 87F mineral mining activity
a: the identification of areas of the seabed likely to contain mineral deposits; or
b: the identification of mineral deposits; or
c: the taking or extraction of minerals from the sea or seabed, and associated processing of those minerals mining discharge New Zealand ship
a: means a ship that is registered under the Ship Registration Act 1992; and
b: includes a ship that is not registered under that Act but that is required or entitled to be registered under that Act New Zealand structure
a: a New Zealand citizen; or
b: a person ordinarily resident in New Zealand; or
c: a company registered under the Companies Act 1993 non-notified activity
a: is described in regulations as non-notified; or
b: is an activity for which regulations provide that an application for a marine consent is not to be publicly notified offshore installation
a: includes an artificial structure used or intended to be used in or on, or anchored or attached to, the seabed for the purpose of the exploration for, or the exploitation or associated processing of, any mineral; but
b: does not include a ship or a pipeline protected customary rights group publicly notifiable activity radioactive waste or other radioactive matter ship toxic or hazardous waste working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: a day in the period commencing on 20 December in any year and ending with 10 January in the following year.
2: In section 4(1) activity activity
a: in relation to the exclusive economic zone and continental shelf, means an activity described in section 20 or subpart 2 of Part 2
b: in relation to the sea above the continental shelf beyond the outer limits of the exclusive economic zone, means an activity described in subpart 2 of Part 2
3: In section 4(1) applicant section 38 or 87B
4: In section 4(1) marine consent consent marine consent consent
a: a marine consent granted under section 62; or
b: an emergency dumping consent, a marine discharge consent, or a marine dumping consent
5: In section 4(1) structure
b: includes an offshore installation, an artificial island, or a floating platform; but
6: In section 4(1) waste or other matter waste or other matter
6: Section 9 amended (Application to ships and aircraft of New Zealand Defence Force and foreign States)
After section 9(1)
1A: However, the following provisions of this Act do apply to warships and other ships of the New Zealand Defence Force:
a: subparts 2 3, and 4 of Part 2
b: regulations made under sections 29A and 29C
c: subpart 2A of Part 3
d: sections 134 to 134M
7: Section 10 amended (Purpose)
Replace section 10(1)
1: The purpose of this Act is—
a: to promote the sustainable management of the natural resources of the exclusive economic zone and the continental shelf; and
b: in relation to the exclusive economic zone, the continental shelf, and the waters above the continental shelf beyond the outer limits of the exclusive economic zone, to protect the environment from pollution by regulating or prohibiting the discharge of harmful substances and the dumping or incineration of waste or other matter.
8: Section 11 amended (International obligations)
In section 11
c: the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL):
d: the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter, 1972 (the London Convention).
9: Section 13 amended (Functions of Environmental Protection Authority)
In section 13(1)(d)(i) subparts 2 and 3 subparts 2, 2A,
10: Section 16 amended (Restriction on Environmental Protection Authority's power to delegate)
In section 16 or make a decision on a review of a consent under section 62, 81, or 82 (as appropriate), under section 62 or to make a decision under section 81 or 82 on a review of a consent granted under section 62,
11: Part 2 replaced
Replace Part 2
2: Duties, restrictions, and prohibitions
1: Restrictions on activities other than discharges and dumping
20: Restriction on activities other than discharges and dumping
1: No person may undertake an activity described in subsection (2) section 21, 22, or 23
2: The activities referred to in subsection (1)
a: the construction, placement, alteration, extension, removal, or demolition of a structure on or under the seabed:
b: the construction, placement, alteration, extension, removal, or demolition of a submarine pipeline on or under the seabed:
c: the placement, alteration, extension, or removal of a submarine cable on or from the seabed:
d: the removal of non-living natural material from the seabed or subsoil:
e: the disturbance of the seabed or subsoil in a manner that is likely to have an adverse effect on the seabed or subsoil:
f: the deposit of any thing or organism in, on, or under the seabed:
g: the destruction, damage, or disturbance of the seabed or subsoil in a manner that is likely to have an adverse effect on marine species or their habitat.
3: No person may undertake an activity described in subsection (4) section 21, 22, or 23
4: The activities referred to in subsection (3)
a: the construction, mooring or anchoring long-term, placement, alteration, extension, removal, or demolition of a structure, part of a structure, or a ship used in connection with a structure:
b: the causing of vibrations (other than vibrations caused by the propulsion of a ship) in a manner that is likely to have an adverse effect on marine life:
c: the causing of an explosion.
5: However, this section does not apply to—
a: the discharge of harmful substances; or
b: the dumping of waste or other matter; or
c: lawful fishing for wild fish under the Fisheries Act 1996.
2: Restrictions and prohibitions on discharges and dumping
Discharge of harmful substances
20A: Regulation under this subpart and Maritime Transport Act 1994 of discharges
1: This section describes how the discharge of harmful substances is regulated under this subpart and the Maritime Transport Act 1994, but it does not affect the interpretation or the application of this subpart or that Act.
2: In relation to the discharge of harmful substances, this subpart regulates—
a: discharges into the exclusive economic zone and into or onto the seabed below it from—
i: structures:
ii: submarine pipelines:
iii: ships, if the discharge is a mining discharge:
b: discharges into or onto the continental shelf beyond the exclusive economic zone or into the sea above that part of the continental shelf from—
i: New Zealand structures:
ii: structures (other than New Zealand structures) involved in a mining activity:
iii: submarine pipelines:
iv: ships, if the discharge is a mining discharge.
3: The Maritime Transport Act 1994 regulates—
a: the discharge of harmful substances (other than a mining discharge) from a ship into the sea or seabed of the exclusive economic zone:
b: the discharge of harmful substances (other than a mining discharge) into the sea above the continental shelf beyond the exclusive economic zone and the seabed below that sea from a New Zealand ship or from a foreign ship involved in a mining activity:
c: the discharge of harmful substances from a New Zealand ship into the sea beyond the continental shelf or the seabed below that sea.
20B: Restriction on discharges of harmful substances from structures and submarine pipelines
1: No person may discharge a harmful substance from a structure or from a submarine pipeline into the sea or into or onto the seabed of the exclusive economic zone.
2: No person may discharge a harmful substance into or onto the continental shelf beyond the outer limits of the exclusive economic zone or into the sea above that part of the continental shelf from—
a: a New Zealand structure; or
b: a structure (other than a New Zealand structure) involved in a mining activity; or
c: a submarine pipeline.
3: However, a person may discharge a harmful substance if the discharge is a permitted activity or authorised by a marine consent or section 21, 22, or 23
20C: Restriction on mining discharges from ships
1: No person may discharge a harmful substance (if the discharge is a mining discharge) from a ship—
a: into the sea of the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or
b: into or onto the continental shelf.
2: However, a person may discharge the harmful substance in the circumstance described in subsection (1) section 21, 22, or 23 Dumping of waste or other matter
20D: Regulation under this subpart and Maritime Transport Act 1994 of dumping
1: This section describes how the dumping of waste or other matter is regulated under this subpart and the Maritime Transport Act 1994, but it does not affect the interpretation or the application of this subpart or that Act.
2: In relation to the exclusive economic zone and the continental shelf, this subpart—
a: prohibits—
i: the dumping of radioactive waste or other radioactive matter:
ii: the dumping of toxic or hazardous waste:
iii: the incineration of waste or other matter at sea; and
b: regulates—
i: the disposal of human remains other than ashes:
ii: the dumping of waste or other matter (other than waste or other matter described in paragraph (a)
3: The Maritime Transport Act 1994 regulates the dumping of waste or other matter into the waters beyond the continental shelf.
20E: Prohibition on dumping radioactive waste or other radioactive matter
No person may dump radioactive waste or other radioactive matter—
a: into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or
b: into or onto the continental shelf.
20F: Prohibition on dumping toxic or hazardous waste
No person may dump toxic or hazardous waste—
a: into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or
b: into or onto the continental shelf.
20G: Restriction on dumping waste or other matter
1: This section applies to waste or other matter other than—
a: radioactive waste or other radioactive matter:
b: toxic or hazardous waste:
c: human remains.
2: No person may dump waste or other matter (including ships, aircraft, or structures)—
a: into the sea within the exclusive economic zone or above the continental shelf beyond the outer limits of the exclusive economic zone; or
b: into or onto the continental shelf.
3: However, a person may dump waste or other matter (including ships, aircraft, or structures) if—
a: regulations allow the dumping to be authorised by a marine consent and the dumping is authorised by a marine consent; or
b: the dumping is authorised by an emergency dumping consent and complies with any regulations for emergency dumping made under section 29B
c: the dumping is in accordance with section 248 or 249 of the Maritime Transport Act 1994.
20H: Emergency dumping
1: Any person may apply to the Environmental Protection Authority for an emergency dumping consent to dump waste or other matter in an emergency—
a: into the waters of the exclusive economic zone:
b: into waters beyond the outer limits of the exclusive economic zone but over the continental shelf.
2: The EPA may issue an emergency dumping consent, in accordance with this section and regulations under section 29B
a: an emergency exists; and
b: the emergency poses an unacceptable risk to human health, safety, or the marine environment; and
c: the dumping of the waste or other matter is necessary to remove or reduce the risk; and
d: there is no feasible alternative to the dumping of the waste or other matter.
3: Before the EPA grants an emergency dumping consent, it must—
a: consult Maritime New Zealand and the appropriate competent authority of any country that is likely to be affected by the dumping of the waste or other matter; and
b: notify the International Maritime Organization that it has received an application for an emergency dumping consent.
4: The EPA may grant an emergency dumping consent subject to conditions.
5: The EPA may impose any conditions that it considers appropriate to deal with the effects of the dumping of waste or other matter on the environment or on human health or safety, including conditions that require the person issued with the consent to—
a: monitor, and report to the EPA on, the exercise of the permit and the effects of the dumping on the environment and human health and safety:
b: keep and maintain records of the waste or other matter dumped and the location of the dumping:
c: provide the EPA with any specified information that relates to the permit or its exercise.
6: The EPA may impose as a condition a requirement that the person granted the emergency dumping consent complies with—
a: any procedures for dumping recommended by the International Maritime Organization:
b: any procedures for dumping specified in the consent.
7: Before imposing a condition under subsection (6)
8: The EPA must make its decision on an application for an emergency dumping consent as soon as is reasonably practicable after the EPA is satisfied that the application is complete.
9: The EPA must notify the International Maritime Organization of every decision it makes under subsection (8)
20I: Prohibition on incinerating waste or other matter at sea
1: No person may incinerate waste or other matter in the exclusive economic zone.
2: No person may incinerate waste or other matter on a New Zealand ship or a New Zealand structure in the sea above the continental shelf beyond the outer limits of the exclusive economic zone.
3: However, a person may incinerate waste or other matter on a New Zealand ship or a New Zealand structure if the waste or other matter was generated during the normal operation of the ship or structure. Burial at sea
20J: Burial at sea
1: No person may dispose of human remains in the exclusive economic zone, or into or onto the continental shelf, unless—
a: the disposal complies with regulations made under this Act; and
b: the Environmental Protection Authority certifies, in writing, that the proposed disposal complies with the regulations.
2: However, subsection (1)
3: Existing activities and planned petroleum activities
21: Certain existing activities may continue
1: This section applies to an existing activity if—
a: the activity is classified as a permitted activity by regulations; and
b: new regulations come into force that amend or replace the regulations described in paragraph (a) new regulations
c: the activity is lawfully established before the new regulations come into force; and
d: the effects of the activity on the environment and existing interests are of the same or similar character, intensity, and scale as the effects that existed before the coming into force of the new regulations; and
e: the activity requires a marine consent as a result of the amendment or replacement of the regulations described in paragraph (a)
2: The activity may continue without a marine consent for a prescribed period or, if no period is prescribed for the activity, for 6 months from the date on which the new regulations come into force.
3: If the activity is one that is described in section 20 subsection (2)
a: the application is decided under section 62 and any appeals are determined; or
b: the application is returned as incomplete by the EPA under section 41 and any objections and appeals are determined.
4: If the activity is a discharge of a harmful substance and the person undertaking the activity applies for a marine consent within the period described in subsection (2)
a: the application is decided under section 87F
b: the application is returned as incomplete by the EPA under section 41 and any objections and appeals are determined.
5: If the application for a marine consent described in subsection (3) or (4) subsection (3) or (4)
22: Planned petroleum activities may commence
1: This section applies to a planned petroleum activity if—
a: the activity is classified as a permitted activity by regulations; and
b: new regulations come into force that amend or replace the regulations described in paragraph (a) new regulations
c: the activity requires a marine consent as a result of the amendment or replacement of the regulations described in paragraph (a)
2: The activity may commence without a marine consent after the new regulations come into force.
3: However, before the activity may commence, the person intending to undertake the activity must—
a: prepare an impact assessment for the activity; and
b: provide the impact assessment to the EPA.
4: Section 41 applies to the impact assessment as if it were an application for a marine consent.
5: If the person intending to undertake the activity complies with subsection (3)
6: If the person undertaking the activity applies for a marine consent within the period described in subsection (5)
a: is decided under section 62 and any appeals are determined; or
b: is returned as incomplete by the EPA under section 41 and any objections and appeals are determined.
7: If the activity is a discharge of a harmful substance and the person undertaking the activity applies for a marine consent within the period described in subsection (5)
a: the application is decided under section 87F
b: the application is returned as incomplete by the EPA under section 41 and any objections and appeals are determined.
8: If the application for a marine consent described in subsection (6) or (7) subsection (6) or (7)
9: In this section, planned petroleum activity
a: the exploration, prospecting, or mining for petroleum with which the activity is involved is authorised by a permit that is granted under section 25 of the Crown Minerals Act 1991 or authorised by an existing privilege preserved under clause 12 of Schedule 1 of that Act; and
b: the activity had not commenced.
23: Certain existing activities that become prohibited may continue
1: This section applies to an existing activity if—
a: the activity is classified as a permitted activity by regulations, or was authorised by a marine consent in accordance with the regulations; and
b: new regulations come into force that amend or replace the regulations described in paragraph (a) new regulations
c: the activity becomes a prohibited activity as a result of the amendment or replacement of the regulations described in paragraph (a)
d: the activity is lawfully established before the new regulations come into force.
2: The activity may continue—
a: for the duration of the consent, if the activity is authorised by a marine consent; or
b: for a period prescribed by regulations, if the activity is not authorised by a consent. Unauthorised activities
24: Unauthorised activities must stop
1: This section applies to an activity authorised to continue by section 21, 22, or 23
2: The person undertaking the activity must—
a: stop the activity; and
b: in stopping the activity, comply with any regulations or consent conditions that apply to the stopping of the activity; and
c: comply with any instructions of the Environmental Protection Authority that relate to stopping the activity.
4: General matters
25: Duty of persons operating in exclusive economic zone or on continental shelf
1: This section applies to every person who carries out or proposes to carry out an activity in the exclusive economic zone, in or on the seabed of the continental shelf, or in the sea above the continental shelf beyond the outer limits of the exclusive economic zone.
2: The person has—
a: a general duty to avoid, remedy, or mitigate the adverse effects of the activity on the environment; and
b: a duty to provide—
i: training and supervision to all of the person's employees who are engaged in the activity in order to ensure compliance with this Act, regulations, and any marine consent; and
ii: sufficient resources to the person's employees to ensure compliance with this Act, regulations, and any marine consent, including establishing appropriate management systems.
3: The duties referred to in subsection (2)
4: However, despite subsection (3) subsection (2)(a)
26: Relationship with other legal requirements
To avoid doubt,—
a: compliance with this Act does not remove the need to comply with all other applicable Acts, regulations, and rules of law; and
b: compliance with any Act, regulations, or rule of law does not remove the need to comply with this Act.
12: Cross-heading above section 27 amended
In the cross-heading above section 27 activities and environment of exclusive economic zone and continental shelf certain activities and areas
13: Section 27 amended (Regulations prescribing standards, methods, or requirements)
1: In section 27(1) technical standards, methods, or requirements requirements, methods, or technical standards
2: In section 27(1)(a) activities described in section 20
3: Replace section 27(1)(b)
b: the effects of the activities referred to in paragraph (a)
4: In section 27(2)(d)(i) section 21, 22, or 23 section 21, 22, or 23
14: Section 28 amended (Regulations classifying areas of exclusive economic zone or continental shelf)
1: In section 28(1) section 27 or 29A
2: In section 28(2) activities described in section 20 activities described in section 20 or subpart 2 of Part 2
15: New sections 29A to 29D and cross-headings inserted
After section 29 Regulation of discharges and dumping
29A: Regulations for discharges and dumping
1: This section applies to the exclusive economic zone, continental shelf, and the waters above the continental shelf beyond the outer limits of the exclusive economic zone.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that—
a: prescribe requirements, methods, or technical standards for the discharge of harmful substances, the dumping of waste or other matter, and the effects of the discharge or dumping:
b: in relation to a harmful substance,—
i: prohibit its discharge; or
ii: allow the discharge without a marine consent or describe the discharge as permitted; or
iii: allow the discharge with a marine consent or describe the discharge as discretionary:
c: in relation to the dumping of specified waste or other matter (other than emergency dumping),—
i: prohibit the dumping; or
ii: allow the dumping with a marine consent or describe the dumping as discretionary.
3: However, the Minister must not recommend the making of regulations unless he or she is satisfied that the requirements of sections 32 and 34A
4: The regulations may— Harmful substances
a: prescribe a substance to be a harmful substance:
b: in relation to an offshore installation, regulate—
i: the removal or retention on board of a harmful substance:
ii: the stowage, packaging, containment, marking, labelling, documentation, and notification of a harmful substance carried in packaged form:
iii: plans for emergencies involving a harmful substance:
c: prescribe requirements and procedures for the discharge of water produced from geologic formations by a mining activity: Waste and other matter
d: prescribe waste or other matter to be toxic or hazardous waste:
e: specify the matters an applicant for a marine dumping consent must include in the impact assessment for the activity, in addition to the matters required by section 39:
f: specify sites at which burial at sea may be approved:
g: specify criteria to be considered in deciding an application for a marine dumping consent or an application to change or cancel a condition of a marine dumping consent.
5: Regulations may apply to different classes of persons, ships involved in mining activities, offshore installations, or submarine pipelines.
6: Despite subsection (2)(b)(ii)
a: the activity has or is likely to have adverse effects on the environment or an existing interest that are significant in the circumstances; and
b: it is more appropriate for the adverse effects of the activity to be considered in relation to an application for a marine consent.
7: Section 27(2) applies to regulations made under subsection (2)(a)
8: Section 29(2) and (3) applies to the regulations made under this section.
29B: Regulations for emergency dumping
1: This section applies to the exclusive economic zone, continental shelf, and the waters above the continental shelf beyond the outer limits of the exclusive economic zone.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that prescribe requirements, methods, or technical standards for emergency dumping of waste or other matter.
29C: Regulations implementing international obligations
1: Regulations may be made under section 29A
a: implement New Zealand's international obligations relating to the exclusive economic zone, continental shelf, or the sea above the continental shelf beyond the outer limits of the exclusive economic zone:
b: enable New Zealand to become a party to an international convention, protocol, or agreement relating to the protection of the marine environment:
c: implement international practices and standards relating to the protection of the marine environment recommended by the International Maritime Organization.
2: This section does not limit section 29A Non-notified activities
29D: Non-notified activities
1: Regulations may describe any discretionary activity as non-notified or provide that an application for a marine consent for an activity is not to be publicly notified.
2: Regulations must only provide that a discretionary activity is to be non-notified if, in the Minister's opinion,—
a: the activity has a low probability of significant adverse effects on the environment or existing interests; and
b: the activity is—
i: routine or exploratory in nature; or
ii: an activity of brief duration; or
iii: a dumping activity.
16: Section 31 amended (Application of regulations)
1: In section 31(1) A regulation made under section 27
2: Replace section 31(2)
2: A regulation made under section 29A
a: all or any part of the exclusive economic zone, the continental shelf, and the sea above the continental shelf beyond the outer limits of the exclusive economic zone; and
b: any or all of the activities described in subpart 2 of Part 2
2A: A regulation made under section 27 or 29A
17: Section 32 amended (Process for developing or amending regulations)
1: In section 32(1) section 27 or 30(1)(a) or (c) section 27, 29A
2: In section 32(2)(a)(ii) section 27 section 27 or 29A
18: Section 33 amended (Matters to be considered for regulations)
1: In the heading to section 33 regulations under section 27
2: In section 33(3)(k) permitted or discretionary permitted, discretionary, non-notified, or publicly notifiable
19: Section 34 amended (Information principles)
In section 34(1) section 27 sections 27, 29A 29B
20: New section 34A inserted (Matters to be considered for regulations relating to discharges and dumping)
After section 34
34A: Matters to be considered for regulations relating to discharges and dumping
1: This section applies when the Minister is developing regulations for the purpose of section 29A
2: The Minister must have regard to any comments made under section 32(2).
3: The Minister must take into account—
a: the matters described in section 33(3), except paragraphs (c), (g), (h), and (j); and
b: the effects of the discharge or dumping on human health if the discharge or dumping takes place; and
c: in relation to the dumping of waste or other matter,—
i: any alternative methods of disposal that could be used; and
ii: whether there are practical opportunities to reuse, recycle, or treat the waste.
21: Section 36 amended (Discretionary activities)
1: In section 36(1) discretionary activity if this Act or
2: In section 36(3) section 21 section 21
22: Section 37 amended (Prohibited activities)
1: In section 37(1) described in this Act or
2: In section 37(4) section 23 section 23
23: New section 37A inserted (Application of this subpart)
In subpart 2 Application for marine consent
37A: Application of this subpart
This subpart applies only in relation to an activity described in section 20
24: Section 38 amended (Application for marine consent)
After section 38(2)
3: This section does not apply to the following activities:
a: the discharge of harmful substances:
b: the dumping of waste or other matter.
25: New section 42A inserted (Joint processing and decision-making on related applications)
After section 42
42A: Joint processing and decision making on related applications
1: This section applies if the Environmental Protection Authority receives more than 1 application for a marine consent in relation to the same proposal ( related applications
2: The EPA may extend a time period that applies to the processing of an application for a non-notified activity in order to ensure that—
a: the application and a related application are heard (if both are to be heard) at the same time and place:
b: the EPA makes its decisions on the related applications on the same date.
26: Section 44 amended (Environmental Protection Authority may obtain advice)
1: In the heading to section 44 advice or information
2: In section 44(1)(d) advice or information
27: New sections 44A to 44C and cross-headings inserted
After section 44 Disclosure and hearings of applications for marine consents for non-notified activities
44A: Copy of consent applications for non-notified activities
If the Environmental Protection Authority is satisfied that an application for a marine consent for a non-notified activity is complete, the EPA—
a: must serve a copy of the application on any of the following that the EPA considers may be affected by the application:
i: iwi authorities:
ii: customary marine title groups:
iii: protected customary rights groups:
b: may serve a copy of the application on the following if the EPA considers it appropriate in the circumstances:
i: Ministers with responsibilities that may be affected by the activity for which consent is sought:
ii: Maritime New Zealand:
iii: other persons that the EPA considers have existing interests that may be affected by the application:
iv: regional councils whose regions may be affected by the application.
44B: Hearings in respect of consent applications for non-notified applications
1: The Environmental Protection Authority may conduct a hearing on an application for a marine consent for a non-notified activity if the EPA considers it necessary or desirable.
2: Despite subsection (1)
3: The Schedule Public notification and hearings of applications for marine consents for publicly notifiable activities
44C: Application of sections 45 to 58
Sections 45 to 58 apply to applications for marine consents for publicly notifiable activities.
28: Section 68 amended (Time limits for Environmental Protection Authority's decision)
1: In section 68 an application for a marine consent for a publicly notifiable activity
2: In section 68
2: The EPA must make its decision on an application for a marine consent for a non-notified activity as soon as is reasonably practicable and no later than 50 working days after the date on which the EPA is satisfied that the application is complete.
29: Section 76 amended (Environmental Protection Authority may review duration and conditions)
1: In section 76(2) , in accordance with section 78,
2: After section 76(2)
3: A notice of review must comply with section 77.
30: Section 78 amended (Notice of review to consent holder and public notice)
1: Replace the heading to section 78 Public notice of review
2: In section 78(1) a notice of review of a publicly notifiable activity
31: New section 78A inserted (Copy of notice of review of non-notified activity)
After section 78
78A: Copy of notice of review of non-notified activity
If the Environmental Protection Authority serves a notice of review of a non-notified activity on a consent holder, the EPA must serve a copy of the notice on the persons specified in section 44A(a)
32: Section 79 amended (Further information, advice, submissions, and hearing)
1: In section 79(1) Sections 42 to 58 apply, with all necessary modifications, to a review of a marine consent Sections 42 to 44 and 45 to 58 apply, with all necessary modifications, to a review of a marine consent for a publicly notifiable activity
2: After section 79(1)
1A: Sections 42 to 44B the Schedule
33: New subpart 2A of Part 3 inserted
After section 87
2A: Marine discharge consents and marine dumping consents
87A: Application
1: This subpart applies in relation to an activity described in subpart 2 of Part 2
2: Subpart 2 of this Part applies in relation to an activity described in subsection (1)
87B: Application for marine discharge consent or marine dumping consent
1: Any person may apply to the Environmental Protection Authority for a marine discharge consent or a marine dumping consent to undertake a discretionary activity.
2: An application must—
a: be made in the prescribed form; and
b: fully describe the proposal; and
c: include an impact assessment prepared in accordance with section 39 and any regulations.
87C: Process before Environmental Protection Authority makes decision
1: Sections 40 to 58 apply to an application made under section 87B
2: However, section 43(3) applies as if the reference to section 59 were a reference to section 87D
87D: Environmental Protection Authority's consideration of application
1: This section and sections 87E and 87F
2: The EPA must take into account,—
a: in relation to the discharge of harmful substances,—
i: the matters described in section 59(2), except paragraph (c); and
ii: the effects on human health of the discharge of harmful substances if consent is granted; and
b: in relation to the dumping of waste or other matter,—
i: the matters described in section 59(2), except paragraphs (c), (f), (g), and (i); and
ii: the effects on human health of the dumping of waste or other matter if consent is granted; and
iii: any alternative methods of disposal that could be used; and
iv: whether there are practical opportunities to reuse, recycle, or treat the waste.
3: Section 59(3) applies to the application for a marine discharge consent or a marine dumping consent.
87E: Information principles relating to discharges and dumping
1: When considering an application for a marine dumping consent or a marine discharge consent, the Environmental Protection Authority must—
a: make full use of its powers to request information from the applicant, obtain advice, and commission a review or a report; and
b: base decisions on the best available information; and
c: take into account any uncertainty or inadequacy in the information available.
2: If, in relation to making a decision on the application, the information available is uncertain or inadequate, the EPA must favour caution and environmental protection.
3: In this section, best available information
87F: Decision on application for marine discharge consent or marine dumping consent
1: After complying with sections 87D and 87E
a: grant an application for a marine discharge consent or a marine dumping consent, in whole or in part, and issue a consent; or
b: refuse the application.
2: However, the EPA must refuse an application for a marine dumping consent if—
a: the EPA considers that the waste or other matter may be reused, recycled, or treated without—
i: adverse effects on human health or the environment that are more than minor; or
ii: imposing costs on the applicant that are unreasonable in the circumstances; or
b: the waste or other matter is identified in such a way that it is not possible to assess the potential effects of dumping the waste or other matter on human health or the environment; or
c: the EPA considers that dumping the waste or other matter is not the best approach to the disposal of the waste or other matter in the circumstances.
3: To avoid doubt, the EPA may refuse an application for a marine discharge consent or a marine dumping consent if the EPA considers that it does not have adequate information to determine the application.
4: If the EPA grants the application, it may issue the consent subject to conditions under section 63, but not under section 63(2)(b).
87G: Conditions and decision-making process
The following provisions apply to a marine dumping consent or a marine discharge consent granted under section 87F
a: sections 65 to 67, which relate to conditions:
b: sections 68 to 72, which relate to time limits for making decisions, the form and notification of the decision, commencement of the consent, and the nature of the consent.
87H: Duration of marine discharge consents and marine dumping consents
1: The duration of a marine discharge consent or a marine dumping consent is the term specified in the consent.
2: However, the duration must not be more than 35 years.
3: If no duration is specified in a consent, its duration is 5 years.
4: When determining the duration of a consent, the Environmental Protection Authority must comply with sections 73(2)(b) and (c), 87D, and 87E
87I: Exercise of consents, transfer, review, and minor changes
1: The following provisions apply to a marine dumping consent or a marine discharge consent granted under section 87F
a: sections 74 and 75, which relate to the exercise of a consent while applying for a new consent and the transfer of consents:
b: sections 76 to 82, which relate to the review of the conditions and duration of consents:
c: sections 83 to 86, which relate to minor changes and corrections to consent conditions, and the lapsing and cancellation of consents not exercised.
2: However,—
a: section 80(a) applies as if—
i: the reference to sections 59 and 60 were a reference to section 87D
ii: the reference to section 61 were a reference to section 87E
b: section 81(2) applies as if Sections 63 to 71 Sections 63 (but not subsection (2)(b)) and 65 to 71
87J: Change or cancellation of marine dumping consent or marine discharge consent on application by consent holder
1: The holder of a marine dumping consent or a marine discharge consent granted under section 87F
2: Sections 87B to 87G
a: the request were an application for a marine dumping consent or a marine discharge consent; and
b: the references to a marine dumping consent or a marine discharge consent were references only to the change or cancellation of a condition; and
c: the references to the activity were references only to the effects of the change or cancellation.
3: Section 87(3) to (6) apply to the request.
34: Section 93 amended (Environmental Protection Authority may require joint application)
1: In section 93(3)(a) proceed with the notification continue with the processing
2: In section 93(3)(b) return to
35: Section 94 amended (Decision to separate joint application for consent)
Replace section 94(2)(b)
b: one application must be publicly notified, but not the other; or
36: Section 96 amended (Environmental Protection Authority to administer process)
1: In section 96(2)(b) the application is if both applications must be publicly notified, they are
2: In section 96(2)(c) submissions (if applicable)
3: In section 96(2)(e) and notify and (if applicable) notify
4: In section 96(3) ensure that (where applicable)
37: Section 99 amended (Application for consent for nationally significant cross-boundary activity referred to board of inquiry)
1: Replace section 99(3) and (4)
3: If the EPA delegates its functions under subsection (2), sections 44B
a: the EPA must process the application for a marine consent together with the associated application for a resource consent; and
b: the provisions of the Resource Management Act 1991 specified in subsection (5) apply to the processing of the application for a marine consent as if the application were part of the associated application for a resource consent.
4: If subsection (3)
a: the EPA must, if the application must be publicly notified under section 45(2) of this Act,—
i: notify the application, if it has not already been notified; and
ii: receive submissions made under section 46; and
b: the board of inquiry must apply sections 59 to 67 in making its decision on the application as if the board were the EPA.
2: Replace section 99(5)(c) and (d)
c: section 149R (which requires the board to produce a final report), but not subsections (3)(e) and (f) and (4)(b) and (c):
d: section 149RA(1) and (2) (which allows the board to make minor corrections to board decisions and resource consents):
da: section 149S (which allows the Minister to extend the time by which the board must report), but not subsection (4)(b):
3: After section 99(5)
6: An application for a resource consent is associated with an application for a marine consent if the applications relate to the same cross-boundary activity.
38: Section 105 amended (Appeals on question of law)
In section 105(2)(c) section 81(2) section 81(3)
39: Sections 132 to 134 and cross-heading above section 132 replaced
Replace sections 132 to 134 Offences and defences in relation to activities regulated under section 20
132: Offences in relation to activities regulated under section 20
1: This section applies if an activity described in section 20(2) or (4) section 20(1) or (3)
2: The following persons commit an offence:
a: if the activity involves a structure, the owner of the structure:
b: if the activity involves a ship, the master and owner of the ship:
c: if the activity involves a submarine pipeline, the owner of the pipeline:
d: if the activity involves a submarine cable, the owner of the cable:
e: if the activity is one described in section 20(2)(d) to (g)
f: if the activity is one described in section 20(4)(b) or (c)
3: In this section and sections 134 and 134B to 134D owner
a: in relation to a ship, includes—
i: a person who is the legal or equitable owner, or both, of the ship; and
ii: a person in possession of the ship; and
iii: a charterer, a manager, or an operator of the ship, or any other person (other than a pilot) responsible for the navigation or management of the ship:
b: in relation to an offshore installation, includes—
i: the person having a right, privilege, or licence to explore for or exploit minerals in connection with which the installation is being, has been, or is to be used; and
ii: the manager, lessee, licensee, or operator of the installation; and
iii: any agent or employee of the owner, manager, lessee, licensee, or operator of the installation, or the person in charge of any operations connected with the installation:
c: in relation to a structure other than an offshore installation, includes any manager, lessee, licensee, or operator of the structure, or the person in charge of the structure:
d: in relation to a submarine pipeline or submarine cable, includes any manager, lessee, licensee, or operator of the pipeline or cable.
133: Strict liability and defences
1: In a prosecution for an offence of breaching, or permitting a breach of, section 20
2: It is a defence to a prosecution of the kind referred to in subsection (1)
a: that—
i: the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property, or avoiding an actual or likely adverse effect on the environment or existing interests; and
ii: the conduct of the defendant was reasonable in the circumstances; and
iii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or
b: that the action or event to which the prosecution relates resulted from an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case—
i: the action or event could not reasonably have been foreseen or been provided against by the defendant; and
ii: the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.
3: Subsection (2)
a: stating that the defendant intends to rely on subsection (2)
b: specifying the facts that support his or her reliance on subsection (2)
4: However, the court may grant leave to the defendant to rely on subsection (2) subsection (3) Offences and defences in relation to discharge or escape of harmful substances
134: Offences in relation to discharge of harmful substances
1: This section applies if a harmful substance is discharged into the sea or onto or into the seabed in breach of 1 or more of sections 20B and 20C
2: The following persons commit an offence:
a: if the discharge is from an offshore installation, the owner of the offshore installation:
b: if the discharge is from a submarine pipeline, the owner of the pipeline:
c: if the discharge is from a ship, the master and the owner of the ship:
d: if the discharge is as a result of mining activity, the person in charge of and the person carrying on the mining activity:
e: if the discharge is of a kind referred to in paragraph (a), (b), or (c)
134A: Defence
It is a defence to proceedings for an offence against section 134
a: the harmful substance was discharged for the purpose of securing the safety of a ship or offshore installation or for the purpose of saving life, and the discharge was a reasonable step to take to effect that purpose; or
b: the harmful substance escaped as a consequence of damage to the ship or its equipment, to an offshore installation or its equipment, to a pipeline, or to any apparatus (other than a ship) used in connection with any mining activity and—
i: the damage occurred without the negligence or deliberate act of the defendant; and
ii: as soon as practicable after the damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance or, if any escape could not be prevented, to minimise the escape. Offences and defences in relation to dumping
134B: Offences in relation to dumping of radioactive waste or other radioactive matter
The following persons each commit an offence if radioactive waste or other radioactive matter is dumped in breach of section 20E
a: the master and the owner of a ship, if the dumping is from the ship:
b: the person in possession of, and the owner of, an aircraft, if the dumping is from the aircraft:
c: the owner of an offshore installation, if the dumping is from the offshore installation.
134C: Offences in relation to dumping of toxic or hazardous waste
The following persons each commit an offence if toxic or hazardous waste is dumped in breach of section 20F
a: the master and the owner of a ship, if the dumping is from the ship:
b: the person in possession of, and the owner of, an aircraft, if the dumping is from the aircraft:
c: the owner of an offshore installation, if the dumping is from the offshore installation.
134D: Offences in relation to dumping and incineration of waste and other matter
1: The master and the owner of a ship each commits an offence if—
a: waste or other matter is dumped from the ship in breach of section 20G
b: the ship is dumped in breach of section 20G
2: The person in possession of, and the owner of, an aircraft each commits an offence if—
a: waste or other matter is dumped from the aircraft in breach of section 20G
b: the aircraft is dumped in breach of section 20G
3: The owner of an offshore installation commits an offence if—
a: waste or other matter is dumped from the offshore installation in breach of section 20G
b: the offshore installation is dumped in breach of section 20G
4: The following persons each commit an offence if waste or other matter is incinerated at sea in breach of section 20I
a: the owner and master of a ship, if the incineration occurs on the ship; or
b: the owner of a structure, if the incineration occurs on the structure.
5: The following persons each commit an offence if human remains are disposed of in breach of section 20J
a: the owner and master of a ship, if the remains are disposed of from the ship:
b: the person in possession of, and the owner of, an aircraft, if the remains are disposed of from the aircraft:
c: the owner of a structure, if the remains are disposed of from the structure.
134E: Defence in relation to dumping of waste or other matter
In a prosecution for an offence against section 134D
a: was necessary—
i: to save or prevent danger to human health or safety, or the marine environment; or
ii: to avert a serious threat to the ship, aircraft, or offshore installation; or
iii: in the case of force majeure caused by stress of weather, to secure the safety of the ship, aircraft, or offshore installation; and
b: was a reasonable step to take in all the circumstances; and
c: was likely to result in less damage than would otherwise have occurred; and
d: was taken or omitted in such a way that the likelihood of damage to human or marine life was minimised. Other offences
134F: Offence in relation to enforcement order, abatement notice, section 24, or section 167
A person commits an offence against this Act who breaches, or permits a breach of, any of the following:
a: an enforcement order or an abatement notice:
b: section 24
134G: Other offences
1: A person commits an offence against this Act who breaches, or permits a breach of, any of the following:
a: a requirement under section 35(3) to notify the Environmental Protection Authority of a permitted activity to be undertaken:
b: a requirement to provide certain information to an enforcement officer under section 140:
c: a direction given by the EPA under section 158 in relation to the protection of sensitive information:
d: an order (other than an enforcement order) made by the Environment Court or the High Court.
2: A person commits an offence against this Act who—
a: wilfully obstructs, hinders, resists, or deceives any person in the execution of a power conferred on that person by or under this Act; or
b: contravenes or permits a contravention of a summons or order to give evidence issued or made under section 55. Penalties
134H: Penalties
1: A person who commits an offence against this Act (other than against section 134G
a: in the case of a natural person, to a fine not exceeding $300,000:
b: in the case of a person other than a natural person, to a fine not exceeding $10 million.
2: The person is also liable on conviction, if the offence is a continuing one, to a fine not exceeding $10,000 for every day or part of a day during which the offence continues.
3: The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act is a continuing offence.
134I: Additional penalties for discharge and dumping offences
A person who commits an offence against section 134, 134B, 134C, or 134D
a: removing, containing, rendering harmless, or dispersing any harmful substance to which the offence relates; and
b: removing or dispersing any waste or other matter to which the offence relates.
134J: Penalties for section 134G offences
1: A person who commits an offence against section 134G(1)
2: A person who commits an offence against section 134G(2)
134K: Court orders
1: This section applies if a person is convicted of an offence against this Act.
2: The court may, instead of or in addition to imposing a fine, make 1 or more of the following orders:
a: an order specified in section 115:
b: an order requiring the Environmental Protection Authority to serve notice, under section 76(2), of the review of a marine consent held by the person, but only if the offence involves an act or omission that breaches the consent.
134L: Additional penalty for offence involving commercial gain
1: A court may order a person convicted of an offence against this Act to pay an amount not exceeding 3 times the value of any commercial gain resulting from the commission of the offence if the court is satisfied that the offence was committed in the course of producing commercial gain.
2: The penalty imposed under subsection (1)
3: The court must assess the value of any gain for the purpose of subsection (1)
4: The amount of the additional penalty imposed under subsection (1)
134M: Application of fines for discharge and dumping offences
1: A court that convicts a person for an offence against section 134, 134B, 134C, or 134D
2: The specified person must apply the money towards meeting the costs of either or both—
a: removing, containing, rendering harmless, or dispersing the harmful substance or waste or other matter:
b: repairing the damage resulting from the discharge of the harmful substance or dumping of waste or matter.
40: Section 136 amended (Commencement of offence proceedings)
In section 136 under against
41: New section 136A inserted (Commencement of proceedings against natural person)
After section 136
136A: Commencement of proceedings against natural person
1: Criminal proceedings may not be commenced against a natural person in relation to an offence under this Act unless—
a: the natural person is—
i: a New Zealand citizen; or
ii: a person who is ordinarily resident in New Zealand; or
b: in the case of any other person, the Attorney-General consents to the commencement of the proceedings and certifies that it is expedient to do so.
2: However, before the Attorney-General's consent has been obtained,—
a: a person described in subsection (1)(b) may be arrested or a warrant for the person's arrest may be issued and executed; and
b: the person may be remanded in custody or on bail.
3: This section overrides any other enactment that is inconsistent with this section.
42: Section 143 amended (Principles of cost recovery)
In section 143(2)(c) section 22, section 22
43: New sections 158A and 158B inserted
After section 158
158A: EPA and Maritime New Zealand to share information
1: The Environmental Protection Authority may provide Maritime New Zealand with any information that the EPA holds and that the EPA considers may assist Maritime New Zealand in the performance of Maritime New Zealand's functions under the Maritime Transport Act 1994.
2: Maritime New Zealand may provide the EPA with any information that Maritime New Zealand holds and that it considers may assist the EPA in the performance of the EPA's functions under this Act.
3: If any information provided by the EPA under subsection (1)
158B: EPA may provide information to other regulatory agencies for purposes of this Act
1: A regulatory agency may provide to the EPA any information or a copy of any document that the agency believes would assist the EPA in the performance or exercise of the EPA's functions, duties, or powers under this Act.
2: The EPA may provide to a regulatory agency any information or a copy of any document that the EPA believes would assist the agency in the performance or exercise of its functions, duties, or powers under a specified Act.
3: A person or an agency that receives information provided under this section must not disclose the information to any other person or organisation unless—
a: the disclosure is made for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed by this Act or a specified Act on the person or agency; or
b: the information is publicly available; or
c: the disclosure is made with the consent of the person to whom the information relates or to whom the information is confidential; or
d: the disclosure is made in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or
e: the disclosure is required by another enactment; or
f: the disclosure is required by a court of competent jurisdiction.
4: In this section,— regulatory agency
a: a consent authority as that term is defined in section 2(1) of the Resource Management Act 1991:
b: a department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of any specified Act specified Act
44: New sections 164A and 164C and cross-heading inserted
After section 164 Transitional provisions relating to discharges and dumping
164A: Dumping permits issued under Maritime Transport Act 1994
A permit issued before the commencement of this section by the Director of Maritime New Zealand under section 262 of the Maritime Transport Act 1994 must be treated as if it were a marine dumping consent granted under section 87F
164B: Provisions of discharge management plans approved under Maritime Transport Act 1994 become marine discharge consents
1: This section applies to a discharge management plan for an offshore installation approved before the commencement of this section by the Director of Maritime New Zealand in accordance with rule 200.7 of Part 200 of the Marine Protection Rules.
2: The provisions of the discharge management plan that specify the following matters must be treated as if they were a marine discharge consent granted under section 87F
a: harmful substances that may be discharged in accordance with the discharge management plan:
b: a method for continuously measuring the oil content of production water, displacement water, or offshore processing drainage discharged from the offshore installation:
c: procedures for reporting oil spills:
d: environmental monitoring methods for identifying the environmental impacts of discharges:
e: matters described in clause 1(2) to (6) of Schedule 1 of Part 200 of the Marine Protection Rules as if the words in a form acceptable to the Director in the prescribed form
f: matters described in Schedule 2 of Part 200 of the Marine Protection Rules other than in clause 5(f).
3: Part 200 of the Marine Protection Rules does not apply to the provisions of the discharge management plan that are to be treated as a marine discharge consent under subsection (2)
4: Despite subsection (3)
a: rule 200.13:
b: rule 200.14(1), (2), and (5)(a), as if a reference to the Director in those provisions were a reference to the Environmental Protection Authority, and (8):
c: rule 200.15:
d: rule 200.16(1):
e: rule 200.17, as if the reference to rule 200.19 were a reference to that rule as it was before this section comes into force:
f: rule 200.18:
g: rule 200.22, as if—
i: the words in a form approved by the Director in the prescribed form
ii: the reference in subrule (4) to the Director were a reference to the Environmental Protection Authority:
h: rule 200.23(1) and (3), as if in each case paragraph (b) were replaced with:
b: the Environmental Protection Authority and the Director, if the spill occurs in the exclusive economic zone; or
c: the Director, if the spill occurs beyond the exclusive economic zone,
i: rule 200.24 as if the reference to the Director in subrule (2)(a) included a reference to the Environmental Protection Authority:
j: rule 200.25 as if the reference to the Director in subrule (2) were a reference to the Environmental Protection Authority.
5: The marine protection rules described in subsection (4)
164C: Completion of certain matters pending at commencement of sections 164A and 164B
1: If a person makes an application for a permit under section 262 of the Maritime Transport Act 1994 and it has not been decided before section 164A section 164A
2: Section 164A subsection (1)
3: If a person makes an application for the approval of a discharge management plan under rule 200.5 of Part 200 of the Marine Protection Rules and that application has not been decided before section 164B section 164B
4: Section 164B subsection (3)
45: New section 167A and cross-heading inserted
After section 167 Transitional and savings provision relating to regulations
167A: Transitional and savings provision relating to regulations
Any consultation undertaken before the commencement of this section by the Minister on proposals as to whether certain discretionary activities should be classified as non-notified activities may be taken to be consultation for the purposes of section 32(2) for the first non-notified activities regulations made after this section comes into force. 2000 No 91 s 114
46: New Schedule inserted
After section 177 Schedule 2
47: Consequential amendments to maritime transport legislation
1: Amend the Maritime Transport Act 1994 Part 1
2: Amend the Marine Protection Rules: Part 180 in the manner set out in Part 2 OIC LI 2015/227 2015-10-31 Maritime Transport Act 1994 This Act is amended on 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. |
DLM5623300 | 2013 | Insolvency Amendment Act 2013 | 1: Title
This Act is the Insolvency 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 Insolvency Act 2006 principal Act 2013-12-05 Insolvency Act 2006
4: Section 364 amended (Debtor disqualified from entry to no asset procedure in certain cases)
In section 364(b) the bankrupt he or she |
DLM3941902 | 2013 | Privacy Amendment Act 2013 | 1: Title
This Act is the Privacy Amendment Act 2013.
2: Commencement
1: Section 11 Schedule
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 3 October 2013 Privacy Amendment Act 2013 Commencement Order 2013
3: Principal Act amended
This Act Privacy Act 1993 2013-02-27 Privacy Act 1993 SR 2013/341 2013-10-03 Privacy Act 1993 section 11 (which inserts Schedule 2A); brought into force on 3 October 2013 by SR 2013/341/2.
4: Interpretation
1: The definition of personal information section 2(1) (as defined by the Births, Deaths, Marriages, and Relationships Registration Act 1995)
2: Section 2(1) serious threat
a: the likelihood of the threat being realised; and
b: the severity of the consequences if the threat is realised; and
c: the time at which the threat may be realised
5: Information privacy principles
1: Information privacy principle 10(d) in section 6 serious and imminent threat serious threat (as defined in section 2(1))
2: Information privacy principle 11(f) in section 6 serious and imminent threat serious threat (as defined in section 2(1))
6: Functions of Commissioner
Section 13
1AA: Without limiting subsection (1), the functions of the Commissioner in relation to information sharing under Part 9A
a: to make submissions on an information sharing agreement for which approval by Order in Council under section 96J
b: to report to a relevant Minister, under section 96P(1)
c: to publish a copy of a report referred to in paragraph (b) section 96P(3)
d: to receive and investigate complaints about any alleged interference with privacy under an approved information sharing agreement in accordance with Part 8:
e: if appropriate under the circumstances, to exempt an agency, under section 96R section 96Q
f: to conduct a review under section 96W
g: to report to a relevant Minister under section 96X section 96W
h: to require a public sector agency to report, in accordance with section 96S
1AB: In subsection (1AA) adverse action approved information sharing agreement information sharing agreement lead agency relevant Minister section 96C
7: Interference with privacy
Section 66(1)(a)
iia: the action breaches an information privacy principle or a code of practice as modified by an Order in Council made under section 96J
iib: the provisions of an information sharing agreement approved by an Order in Council made under section 96J
8: New Part 9A inserted
The following Part is inserted after Part 9
9A: Information sharing
1: Preliminary matters
96A: Purpose of Part
1: The purpose of this Part is to enable the sharing of personal information to facilitate the provision of public services.
2: To achieve that purpose, this Part—
a: provides a mechanism for the approval of information sharing agreements for the sharing of information between or within agencies; and
b: authorises exemptions from or modifications to—
i: any of the information privacy principles (except principles 6 and 7, which relate respectively to the right to have access to, and correct, personal information):
ii: any code of practice (except any code of practice that modifies principles 6 and 7); and
c: reduces any uncertainty about whether personal information can be lawfully shared for the provision of the public services, and in the circumstances, described in approved information sharing agreements.
96B: Relationship between this Part and other law relating to information sharing
1: To avoid doubt, nothing in this Part—
a: limits the collection, use, or disclosure of personal information that is authorised or required by or under any enactment; and
b: compels agencies to enter into an information sharing agreement if those agencies are already allowed to share personal information—
i: by or under any other enactment:
ii: in circumstances where an exemption from or a modification to any 1 or more of the information privacy principles or any code of practice is not required to make the sharing of the information lawful.
2: Without limiting subsection (1)(a)
a: this Part does not limit section 7, 54 or 57; and
b: this Part and Parts 10 and 11 do not limit one another.
3: An information sharing agreement may—
a: duplicate an information sharing provision by providing for an agency to share the same personal information as specified in the information sharing provision—
i: with the same agencies specified in the information sharing provision; and
ii: for the same purposes specified in the information sharing provision; or
b: extend an information sharing provision that is not a restricted information sharing provision by providing for an agency to share the same personal information as specified in the information sharing provision—
i: with the same agencies specified in the information sharing provision for a purpose not specified in the information sharing provision; or
ii: with an agency not specified in the information sharing provision for a purpose specified in the information sharing provision; or
iii: with an agency not specified in the information sharing provision and for a purpose not specified in the information sharing provision; or
c: duplicate a restricted information sharing provision by providing for an agency to share the same personal information as specified in the restricted information sharing provision—
i: with the same agencies specified in the restricted information sharing provision; and
ii: for the same purposes specified in the restricted information sharing provision; or
d: extend in any manner specified in paragraph (b)
i: the restricted information sharing provision is an information matching provision (as defined in section 97); or
ii: there is express statutory authorisation to do so.
4: In subsection (3) information sharing provision restricted information sharing provision
96C: Interpretation
In this Part, unless the context otherwise requires,— adverse action approved information sharing agreement code of practice department
a: the New Zealand Police:
b: the New Zealand Transport Agency information sharing agreement agreement lead agency
a: the agreement; and
b: the Order in Council approving the agreement local authority Order in Council sections 96V(3) and 96Z section 96J(1) organisation
a: an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975; and
b: an organisation named in Schedule 1 of the Official Information Act 1982 private sector agency public sector agency public service
a: by or under law; or
b: by a policy of the Government relevant Minister sharing
a: collecting the information:
b: storing the information:
c: checking the information:
d: using the information:
e: disclosing the information:
f: exchanging the information:
g: if necessary, assigning a unique identifier to an individual.
2: Information sharing agreements
Authority for information sharing
96D: Information sharing between agencies
An approved information sharing agreement may authorise an agency to share any personal information with 1 or more other agencies in accordance with the terms of the agreement.
96E: Information sharing within agencies
An approved information sharing agreement may authorise a part of an agency to share any personal information with 1 or more parts of the same agency in accordance with the terms of the agreement. Parties
96F: Parties to information sharing agreement
1: Any 2 or more of the following may enter into an information sharing agreement:
a: a public sector agency:
b: a private sector agency:
c: a part of a public sector agency:
d: a part of a private sector agency.
2: Subsection (1) subsections (3) and (4)
3: An overseas agency may not enter into an information sharing agreement.
4: At least 1 of the agencies that enters into an information sharing agreement must be—
a: a public sector agency that is a department; or
b: part of a public sector agency that is a department.
96G: Representative parties
1: An agency that represents the interests of a class of agencies may enter into an information sharing agreement with a department if that agency is—
a: a public sector agency that is not a department; or
b: a private sector agency.
2: If an agreement is proposed to be entered into under subsection (1) Schedule of Parties
3: At any time after an agreement has been entered into the lead agency may, with or without the consent of any agency,—
a: amend the Schedule of Parties to add or remove agencies as parties:
b: substitute a new Schedule of Parties.
4: An agency that becomes a party to the agreement under subsection (2) or (3)
5: Unless the context otherwise requires, every reference in this Part subsection (2) or (3) Lead agency
96H: Determining which party is lead agency
1: If only 1 public sector agency that is a department enters into an information sharing agreement, it must be designated as the lead agency for the agreement.
2: If more than 1 public sector agency that is a department enters into an information sharing agreement, the parties to the agreement may agree between themselves which of those public sector agencies is to be designated as the lead agency. Form and content
96I: Form and content of information sharing agreement
1: An information sharing agreement must be in writing.
2: An information sharing agreement must—
a: specify with due particularity the purpose of the information sharing agreement:
b: set out the information referred to in section 96K
c: contain an overview of the operational details about the sharing of information under the agreement:
d: specify the safeguards that will apply to protect the privacy of individuals and ensure that any interference with their privacy is minimised:
e: if a party to the agreement is a private sector agency, state which public sector agency will be responsible for dealing with complaints about an alleged interference with privacy if the private sector agency is unable to be held to account for those complaints:
f: state that every party to the agreement must give any reasonable assistance that is necessary in the circumstances to allow the Commissioner or an individual who wishes to make a complaint about an interference with privacy to determine the agency against which the complaint should be made:
g: if entered into under section 96G
i: identify the party that is a public sector agency or private sector agency representing the interests of a class of agencies; and
ii: describe that class of agencies; and
iii: include a schedule that sufficiently identifies the public sector agencies or private sector agencies within that class that are parties to the agreement.
3: An information sharing agreement may specify any other terms or conditions that the parties may agree, including—
a: the fees and charges that are payable under the agreement; and
b: any other business processes relating to the sharing of information under the agreement. Approval of information sharing agreements
96J: Governor-General may approve information sharing agreement by Order in Council
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, approve an information sharing agreement.
2: An Order in Council may grant an exemption from or modify the application of—
a: any 1 or more of the information privacy principles (except principles 6 and 7):
b: any code of practice (except any code of practice that modifies principles 6 and 7).
3: An Order in Council that, under subsection (2)
4: An Order in Council that, under subsection (2)
96K: Requirements for Order in Council
An Order in Council must—
a: state, if applicable,—
i: the nature of the exemption granted under section 96J(2)
ii: how any of the information privacy principles or any code of practice will be modified under section 96J(2)
b: state the public service or public services the provision of which the information sharing agreement is intended to facilitate:
c: specify with due particularity the personal information or the type of personal information to be shared under the agreement:
d: set out the parties, or classes of parties, to the agreement and designate 1 of the parties as the lead agency:
e: for every party to the agreement,—
i: describe the personal information or type of personal information that the party may share with each of the other parties; and
ii: state how the party may use the personal information; and
iii: state the adverse actions that the party can reasonably be expected to take as a result of sharing personal information under the agreement; and
iv: specify the procedure that the party must follow before taking adverse action against an individual as a result of sharing personal information under the agreement if the requirement in section 96Q(1) section 96R(a)(ii)
f: state how a copy of the agreement can be accessed.
96L: Further provisions about Order in Council
1: An Order in Council must provide that it comes into force on a date specified in the Order in Council (which must not be a date that is before the date on which it is made).
2: An Order in Council remains in force until it—
a: expires on a date appointed in the Order in Council (if any); or
b: is revoked.
3: An Order in Council must insert into Schedule 2A
a: a description of each of the following:
i: the information sharing agreement that is approved by the Order in Council:
ii: the public service or the public services the provision of which the agreement is intended to facilitate:
iii: the personal information or type of personal information that may be shared between or within the agencies that are party to the agreement; and
b: the name of the agreement; and
c: the name of the lead agency for the agreement; and
d: the Internet site address where a copy of the agreement can be accessed.
96M: Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989
An Order in Council is a regulation for the purposes of—
a: the Acts and Regulations Publication Act 1989; and
b: the Regulations (Disallowance) Act 1989. Procedure for recommending Order in Council
96N: Matters to which relevant Minister must have regard before recommending Order in Council
1: Before recommending the making of an Order in Council, the relevant Minister must—
a: be satisfied of the matters set out in subsection (2)
b: have regard to any submissions made under section 96O(1)(a)
2: The matters referred to in subsection (1)(a)
a: that the information sharing agreement will facilitate the provision of any public service or public services:
b: that the type and quantity of personal information to be shared under the agreement are no more than is necessary to facilitate the provision of that public service or those public services:
c: that the agreement does not unreasonably impinge on the privacy of individuals and contains adequate safeguards to protect their privacy:
d: that the benefits of sharing personal information under the agreement are likely to outweigh the financial and other costs of sharing it:
e: that any potential conflicts or inconsistencies between the sharing of personal information under the agreement and any other enactment have been identified and appropriately addressed.
96O: Consultation on proposed information sharing agreement
1: The agencies proposing to enter into an information sharing agreement must, before the proposed agreement is concluded,—
a: consult with, and invite submissions on the proposed agreement from,—
i: the Commissioner; and
ii: any person or organisation that the agencies consider represents the interests of the classes of individuals whose personal information will be shared under the proposed agreement; and
iii: any other person or organisation that the agencies consider should be consulted; and
b: have regard to any submissions made under paragraph (a)
2: The Commissioner—
a: must consider the privacy implications of the proposed agreement; and
b: may make any submissions under subsection (1)(a)(i)
3: The agencies must give the relevant Minister a copy of the submissions made under subsection (1)(a) Commissioner's report on approved information sharing agreement
96P: Commissioner may prepare and publish report on approved information sharing agreement
1: If an information sharing agreement is approved by Order in Council, the Commissioner may prepare a report to the relevant Minister on any matter relating to privacy that arises or is likely to arise in respect of the agreement.
2: Without limiting subsection (1)
a: any comment that he or she wishes to make about the consultation that the agencies carried out under section 96O(1)(a)
b: any submissions that he or she made to the agencies under section 96O(1)(a)(i)
3: The Commissioner—
a: may publish a report under subsection (1)
b: must consult the relevant Minister before doing so.
3: Matters relating to operation of approved information sharing agreements
Notice of adverse action
96Q: Requirement to give notice of adverse action
1: A party to an approved information sharing agreement must give written notice to an individual before it takes any adverse action against the individual on the basis (whether wholly or in part) of personal information about the individual that was shared under the agreement.
2: The notice must—
a: give details of the adverse action that the party proposes to take and the personal information about the individual on which the action is based; and
b: state that the individual has 10 working days from the receipt of the notice in which to dispute the correctness of that personal information.
3: To avoid doubt, an individual who is given the notice may take any steps that are available under any enactment to dispute any proposed adverse action against him or her, but he or she may show cause under this section as to why the proposed adverse action should not be taken only on the basis that it is based on incorrect personal information.
96R: When requirement to give notice of adverse action applies
The requirement to give notice under section 96Q
a: an approved information sharing agreement provides that a party to the agreement may—
i: give a shorter period of notice than the 10-working-day period referred to in section 96Q(2)(b)
ii: dispense with the giving of the notice; or
b: if an approved information sharing agreement does not provide in the manner specified in paragraph (a)
i: give a shorter period of notice than the 10-working-day period referred to in section 96Q(2)(b)
ii: dispense with the giving of the notice. Responsibilities of lead agency
96S: Responsibilities of lead agency
1: A lead agency for an information sharing agreement must, if the agreement is approved by Order in Council under section 96J(1)
a: make a copy of the agreement—
i: available for inspection, free of charge, at the lead agency's head office on any working day; and
ii: accessible, free of charge, on an Internet site maintained by or on behalf of the lead agency; and
b: prepare a report on the operation of the agreement at the intervals required by the Commissioner under section 96U
c: carry out any other responsibilities imposed by this Part.
2: A lead agency does not need to comply with subsection (1)(a)(ii)
3: To avoid doubt, nothing in this section applies to a party to an information sharing agreement that is not the lead agency except as provided in subsection (2)
96T: Report of lead agency
1: A report prepared by a lead agency under section 96S(1)(b)
a: the costs of reporting:
b: the degree of public interest in information about the matters prescribed in those regulations:
c: the significance of the privacy implications of the approved information sharing agreement.
2: A report must be included—
a: in the lead agency's annual report under the Public Finance Act 1989, if it is required annually; or
b: in the lead agency's annual report under the Public Finance Act 1989 that immediately follows the end of each interval specified under section 96U(1)(b)
96U: Commissioner may specify frequency of reporting by lead agency
1: The Commissioner may require a lead agency to prepare a report under section 96S(1)(b)
a: annually; or
b: at less frequent intervals that the Commissioner may specify.
2: In determining the appropriate frequency in subsection (1) section 96S(1)(b)
a: the costs of reporting:
b: the degree of public interest in information about the matters prescribed in regulations made under this Act:
c: the significance of the privacy implications of the approved information sharing agreement. Amendment of approved information sharing agreements
96V: Amendment of approved information sharing agreement
1: This section applies if the parties to an approved information sharing agreement amend the agreement (whether in accordance with the Commissioner's recommendation in a report under section 96X(1)
2: As soon as practicable after the amendment is made, the lead agency must—
a: give written notice of the amendment to—
i: the Commissioner; and
ii: the relevant Minister; and
b: make a copy of the amendment—
i: available for inspection, free of charge, at the lead agency's head office on any working day; and
ii: accessible, free of charge, on the Internet site where a copy of the agreement is accessible.
3: The information sharing agreement approved by Order in Council continues to have effect as if the amendment notified under subsection (2)
4: Sections 96J to 96P
5: Nothing in subsection (2)(a), (3), or (4)
a: the fees and charges payable under the agreement; or
b: the name or description of a party to the agreement; or
c: any terms or conditions of the agreement that the lead agency considers, after consulting the Commissioner, do not, or are unlikely to, have any effect on the privacy implications of the agreement. Review of approved information sharing agreement
96W: Review of operation of approved information sharing agreement
1: The Commissioner may, on his or her own initiative, conduct a review of the operation of an approved information sharing agreement—
a: at the end of a period of 12 months after the Order in Council approving the agreement is made; and
b: at any time that the Commissioner considers appropriate for any subsequent reviews.
2: In conducting a review, the Commissioner must—
a: consult the following about the review:
i: the parties to the agreement:
ii: any person or organisation that the Commissioner considers represents the interests of the classes of individuals whose personal information is being shared under the agreement; and
b: consider any submissions made on the review.
3: The parties to the agreement must take all reasonable steps to co-operate with the review.
96X: Report on findings of review
1: After completing a review under section 96W
a: operating in an unusual or unexpected way (that is, in a way that was not foreseen by the Commissioner or the parties to the agreement at the time the agreement was entered into):
b: failing to facilitate the provision of the public service or public services to which it relates:
c: unreasonably impinging on the privacy of individuals:
d: operating in such a way that the costs of sharing personal information under the agreement outweigh the benefits of sharing it.
2: The Commissioner may recommend in the report that—
a: the parties to the agreement should amend it in 1 or more material respects; or
b: the Order in Council by which the agreement was approved should be revoked.
96Y: Relevant Minister must present to House of Representatives copy of report under section 96X(1) and report setting out Government's response
The relevant Minister must—
a: present a copy of a report under section 96X(1)
b: as soon as possible after complying with paragraph (a) section 96X(1)
4: Miscellaneous
96Z: Power to amend Schedule 2A
1: Without limiting the matters that an Order in Council made under section 96J Schedule 2A section 96L(3)
a: make any amendments to Schedule 2A
i: to recognise the abolition or dissolution of any agency that is party to an approved information sharing agreement or any change in the name of such an agency; or
ii: to reflect any change in the Internet site address where a copy of an approved information sharing agreement can be accessed; or
iii: to reflect any amendments to an approved information sharing agreement that are approved under section 96V
iv: to correct any error or omission in any description in that schedule:
b: remove any description or matter in Schedule 2A
c: otherwise amend or replace Schedule 2A
2: To avoid doubt, any of the matters set out in this section may be included in an Order in Council made under section 96J
9: Regulations
Section 128
aa: prescribing the matters that the Commissioner may specify to a lead agency as matters that are to be included in a report by the lead agency under section 96S(1)(b)
10: New sections 129A and 129B inserted
The following sections are inserted after section 129
129A: Amendment relating to Legislation Act 2012
Section 129B
129B: New section 96M substituted
Section 96M
96M: Application of Legislation Act 2012
An Order in Council—
a: is a legislative instrument for the purposes of the Legislation Act 2012; and
b: is a disallowable instrument for the purposes of the Legislation Act 2012; and
c: must be presented to the House of Representatives under section 41 of that Act.
11: New Schedule 2A inserted
The Schedule 2A Schedule Schedule 2 |
DLM4439205 | 2013 | Immigration Amendment Act 2013 | 1: Title
This Act is the Immigration 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 Immigration Act 2009 principal Act 2013-06-19 Immigration Act 2009
1: Substantive amendments
4: Section 4 amended (Interpretation)
1: In section 4 mass arrival group section 9A .
2: In section 4 warrant of commitment warrant of commitment
a: means a warrant of commitment issued under section 317, 318, or 323; and
b: includes—
i: a mass arrival warrant issued under section 317B
ii: a further warrant of commitment issued under section 317E(1)(a) .
5: New section 9A inserted (Meaning of mass arrival group)
After section 9
9A: Meaning of mass arrival group
1: In this Act, mass arrival group
a: on board the same craft; or
b: on board the same group of craft at the same time; or
c: on board the same group of craft and within such a time period or in such circumstances that each person arrived, or intended to arrive, in New Zealand as part of the group.
2: In subsection (1) craft
6: Section 26 amended (How claims and applications for visas and entry permission processed)
1: After section 26(3)
3A: Subsection (3) applies unless regulations made under section 400 require otherwise.
2: In section 26(10)(b) transit visas ; or
3: After section 26(10)(b)
c: regulations made under section 400.
7: New section 135A inserted (Suspension of determination of claim)
After section 135
135A: Suspension of determination of claim
1: This section applies to a claim if the processing of the claim is suspended in accordance with regulations made under section 400.
2: For the duration of the suspension, a refugee and protection officer must not—
a: determine the claim in accordance with sections 136 and 137; or
b: make a decision on the claim in accordance with section 138.
8: Section 140 amended (Limitation on subsequent claims)
1: In section 140(1) as a refugee or a protected person
2: In section 140(1)(b)(ii) section 129 any of sections 129 to 131
3: Replace section 140(3)(b)
b: repeats any claim previously made (including a subsequent claim).
9: Section 233 replaced (When Tribunal must or may provide oral hearing)
Replace section 233
233: When Tribunal must or may provide oral hearing
1: The Tribunal must provide an oral hearing in the case of an appeal against liability for deportation by a resident or permanent resident.
2: The Tribunal may, in its absolute discretion, provide an oral hearing in any other appeal against liability for deportation.
3: The Tribunal must provide an oral hearing in the case of an appellant or affected person currently or previously recognised as a refugee or a protected person, or a claimant for such recognition, unless—
a: the person was interviewed by a refugee and protection officer (or a refugee status officer under the former Act) in the course of determining the relevant issue at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and
b: the Tribunal considers that the appeal or other contention of the person—
i: is prima facie manifestly unfounded or clearly abusive; or
ii: relates to a subsequent claim for refugee or protection status.
4: The Tribunal may, in its absolute discretion, provide an oral hearing in the case of an appeal that relates to a subsequent claim for refugee or protection status.
10: Section 249 amended (Restriction on review)
Replace section 249(1)
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.
1A: 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.
1B: Review proceedings may then only be brought in respect of a decision or matter described in subsection (1) or (1A)
1C: 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)
11: Section 307 amended (Purpose of Part)
In section 307
2: The purposes of the warrant of commitment regime for members of a mass arrival group under this Part are—
a: to provide a practicable and administratively workable time period within which arrival processing of the mass arrival group can be completed; and
b: to provide a practicable and administratively workable time period within which any threat or risk to security or to the public arising from, or that may arise from, the members of the mass arrival group, whether collectively or individually, may be properly assessed; and
c: to avoid disrupting the efficient functioning of the Department, the courts, or any prison or premises identified in a relevant warrant of commitment.
12: New sections 317A to 317E inserted
After section 317
317A: Application for mass arrival warrant
1: An immigration officer may apply to a District Court Judge for a warrant of commitment authorising the detention, for a period of not more than 6 months, of the members of a mass arrival group (a mass arrival warrant
a: the warrant is necessary—
i: to effectively manage the mass arrival group; or
ii: to manage any threat or risk to security or to the public arising from, or that may arise from, 1 or more members of the mass arrival group; or
iii: to uphold the integrity or efficiency of the immigration system; or
iv: to avoid disrupting the efficient functioning of the District Court, including the warrant of commitment application procedure; and
b: the members of the mass arrival group are detained in custody under this Part; and
c: it becomes apparent that, before the expiry of the period for which detention is authorised, 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1) will apply to each member of the mass arrival group.
2: Every application under this section must—
a: be made on oath; and
b: include—
i: the number of persons to whom the warrant is to apply; and
ii: identity information in respect of each of the persons; and
iii: particulars of the craft, or of each of the group of craft, on which the persons arrived (if known); and
iv: a description of the circumstances in which the craft, or the group of craft, arrived; and
c: include a statement of—
i: why the warrant is necessary in terms of subsection (1)(a)
ii: how subsection (1)(c)
3: An application under this section may, but is not required to, include any other supporting evidence or information relating to the members of the mass arrival group.
4: The Judge must determine an application under section 317B
5: Nothing in this section permits an immigration officer to include a person under 18 years of age in an application for a mass arrival warrant unless the person has a parent, guardian, or relative who is a member of the mass arrival group.
6: In subsection (2)(b)(ii) identity information
a: a name of the person (which may be the name that the person is known by or a name assigned to the person):
b: biometric information in relation to the person:
c: a physical description of the person.
317B: Decision on application for mass arrival warrant
1: On an application for a mass arrival warrant under section 317A
a: if satisfied of the matters in subsection (2) subsection (3)
b: if not satisfied of the matters in subsection (2) subsection (4)
2: The matters are that—
a: the application relates to a mass arrival group; and
b: the warrant is necessary for 1 or more of the reasons stated in section 317A(1)(a)
c: 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1) will apply in respect of each member of the mass arrival group; and
d: the requirements of section 317A(2)(a) to (c)
3: The Judge must issue the warrant in the prescribed form authorising the detention of each member of the mass arrival group in a place or the places named in the warrant—
a: for the period sought in the application; or
b: for a specified shorter period, if he or she is satisfied that, after the expiry of the shorter period,—
i: the reasons for the necessity of the warrant in terms of section 317A(1)(a)
ii: the circumstances described in paragraphs (a) to (d) of section 316(1) will no longer apply in respect of each member of the mass arrival group.
4: The Judge must—
a: treat the application as if it were applications made under section 316 in respect of each member of the mass arrival group; and
b: determine the applications in accordance with subsection (3) of that section.
317C: Variation of mass arrival warrant
1: If a mass arrival warrant is issued under section 317B section 317A
2: Every application under this section must—
a: be made on oath; and
b: include—
i: a copy of the original application and warrant; and
ii: identity information (within the meaning of section 317A(6)
iii: a statement of how section 317A(1)(c)
3: On an application under this section, a District Court Judge must,—
a: if satisfied of the matters in subsection (4) subsection (5)
b: if not satisfied of the matters in subsection (4) subsection (6)
4: The matters are that—
a: the persons are members of the mass arrival group; and
b: 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1) will apply in respect of each of those persons; and
c: the requirements of subsection (2)
5: The Judge must vary the existing warrant to include the persons specified in the application, but must not extend the period of the warrant.
6: The Judge must—
a: treat the application as if it were applications made under section 316 in respect of each person the immigration officer has sought to be included in the mass arrival warrant; and
b: determine the applications in accordance with subsection (3) of that section.
7: Nothing in this section permits an immigration officer to include a person under 18 years of age in an application for a variation of a mass arrival warrant unless the person has a parent, guardian, or relative who is a member of the mass arrival group.
317D: District Court may impose reporting requirements
1: When issuing a mass arrival warrant under section 317B section 317C section 317A(1)(a)
2: A District Court Judge may shorten the period of a mass arrival warrant or a varied mass arrival warrant, and vary the warrant accordingly, if, after receiving a report, he or she is satisfied that those reasons will no longer apply after the expiry of the shortened period.
317E: Application for further warrant of commitment in respect of mass arrival group
1: An immigration officer may apply to a District Court Judge for a further warrant of commitment authorising the continued detention of—
a: all or specified members of a mass arrival group, as members of a mass arrival group; or
b: 1 or more members of a mass arrival group as individuals.
2: An application for a further warrant of commitment under subsection (1)(a)
a: comply with section 317A(2)
b: be determined by a District Court Judge in accordance with section 317B
3: An application for a further warrant of commitment under subsection (1)(b)
4: If a member of a mass arrival group is dealt with under subsection (3)
a: he or she—
i: is no longer to be treated as a member of a mass arrival group for the purposes of this Act; and
ii: must, from the time of the Judge's determination, be dealt with under this Act as any other individual would be; and
b: the Judge must consequentially amend the warrant of commitment relating to the mass arrival group to exclude the member from the warrant.
5: Subsection (4)(a)
13: Section 324 amended (Review of warrant of commitment or release on conditions)
1: In section 324
1AA: In this section, warrant of commitment
a: a mass arrival warrant issued under section 317B
b: a further warrant of commitment issued under section 317E(1)(a)
2: In section 324(6) in accordance with having regard to
14: New section 324A inserted (Review of mass arrival warrant)
After section 324
324A: Review of mass arrival warrant
1: In this section, warrant of commitment
a: a mass arrival warrant issued under section 317B
b: a further warrant of commitment issued under section 317E(1)(a)
2: At any stage during the currency of a warrant of commitment, an immigration officer may apply to a District Court Judge for a variation of the warrant for either or both of the following reasons:
a: to shorten the period that the warrant applies:
b: to provide for 1 or more persons detained under the warrant to be detained in a place or places other than the place or places currently specified in the warrant for those persons.
3: An application made under subsection (2)
a: be made on oath; and
b: include—
i: a copy of the warrant to be varied; and
ii: a statement of the reasons for the application.
4: On an application under subsection (2)(a)
a: to the period sought in the application; or
b: to a specified shorter period, if he or she is satisfied that, after the expiry of the shorter period,—
i: the reasons for the necessity of the warrant in terms of section 317A(1)(a)
ii: the circumstances described in paragraphs (a) to (d) of section 316(1) will no longer apply in respect of each person subject to the varied warrant.
5: On an application under subsection (2)(b)
6: At any stage during the currency of a warrant of commitment, an immigration officer may, in respect of a particular individual detained under the warrant, apply to a District Court Judge for—
a: a warrant of commitment for the individual as an individual; or
b: an order that the individual be released on conditions under section 320; or
c: an order that the individual be released.
7: An application for a warrant of commitment under subsection (6)(a)
8: An application for release on conditions under subsection (6)(b)
9: If a member of a mass arrival group is dealt with under subsection (6)
a: he or she—
i: is no longer to be treated as a member of a mass arrival group for the purposes of this Act; and
ii: must, from the time of the Judge's determination, be dealt with under this Act as any other individual would be; and
b: the Judge must consequentially amend the warrant of commitment relating to the mass arrival group to exclude the member from the warrant.
10: Subsection (9)(a)
15: Section 343 amended (Aiding and abetting)
1: In section 343(1)(b) (by arriving in New Zealand in a manner that does not comply with section 103 or by arriving in New Zealand without holding a visa where the other person requires a visa to travel to New Zealand)
2: After section 343(2)
3: For the purposes of subsection (1)(b), a person unlawfully enters New Zealand if the person—
a: arrives in New Zealand in a manner that does not comply with section 103; or
b: arrives in New Zealand without holding a visa, if the person requires a visa to travel to New Zealand; or
c: arrives in New Zealand as the holder of a visa but the visa was—
i: granted in a false identity; or
ii: procured through fraud, forgery, false or misleading representation, or concealment of relevant information; or
d: is granted a visa on arrival in New Zealand but the visa is—
i: granted in a false identity; or
ii: procured through fraud, forgery, false or misleading representation, or concealment of relevant information; or
e: is granted entry permission but the entry permission is—
i: granted on the basis of a visa granted in a false identity; or
ii: procured through fraud, forgery, false or misleading representation, or concealment of relevant information; or
f: enters New Zealand in any other manner and, in doing so, does not comply with the requirements of this Act.
4: To avoid doubt, a person unlawfully enters New Zealand within the meaning of subsection (3)
16: Section 403 amended (Regulations in respect of refugee and protection matters)
1: After section 403(k)
ka: specify, by reference to 1 or both of the following matters, the claims that a refugee and protection officer must not process or determine or make a decision on under sections 136 to 138:
i: common circumstances or common characteristics of the claims:
ii: common circumstances or common characteristics of the claimants making the claims: .
2: In section 403
2: No regulations may be made under section 400 in respect of the matters specified in subsection (1)(ka)
a: has recommended the making of the regulations to the Governor-General; and
b: before doing so, is satisfied that the regulations are necessary for 1 or both of the following reasons:
i: there are problems in accessing information or assessing information that is relevant to determining or making a decision on the claims to be specified in the regulations:
ii: the circumstances to which the claims to be specified in the regulations relate, or the circumstances of the claimants making those claims, are otherwise of a nature, or subject to such a degree of change or uncertainty, that determination or decision of the claims under sections 136 to 138 is unlikely to produce a robust outcome.
3: Regulations made under section 400 in respect of the matters specified in subsection (1)(ka)
a: are deemed to be revoked on the date that is 6 months after their commencement or on any earlier date specified in the regulations; and
b: have no continuing effect after the date on which they expire.
2: Consequential amendments
17: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 1
18: Consequential amendments to Immigration (Certificate and Warrant Forms) Regulations 2010
1: This section amends the Immigration (Certificate and Warrant Forms) Regulations 2010
2: After regulation 6(2)
3: A warrant of commitment issued by a District Court Judge under section 317B(3) or 317E(1)(a) form 5
3: In the Schedule form 4 Schedule 2 2013-06-19 Immigration (Certificate and Warrant Forms) Regulations 2010 |
DLM5617003 | 2013 | Family Proceedings Amendment Act (No 2) 2013 | 1: Title
This Act is the Family Proceedings Amendment Act (No 2) 2013.
2: Commencement
This Act comes into force on 1 October 2014 Section 2 brought into force 31 March 2014 Family Proceedings Amendment Act (No 2) 2013 Commencement Order 2014
3: Principal Act
This Act Family Proceedings Act 1980 principal Act OIC LI 2014/94 2014-03-31 Family Proceedings Act 1980 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council
4: Section 2 amended (Interpretation)
In section 2
a: approved marriage or civil union guidance organisation or counselling organisation
b: attachment order
c: charging order
d: child of the civil union
e: counsellor
f: employer
g: family chattels
h: family home
i: mediation conference
j: salary wages
5: Section 5 repealed (Marriage or civil union guidance or counselling organisations)
Repeal section 5
6: Part 2 repealed
Repeal Part 2
7: Section 160 amended (Applications may be heard together)
In section 160(1) Care of Children Act 2004 or under the
8: Section 162 replaced (Appointment of barrister or solicitor to assist court or represent children)
Replace section 162
162: Appointment of lawyer to represent child in proceedings
1: In any proceedings under this Act (other than criminal proceedings), a court may appoint a lawyer to represent any child who is—
a: the subject of the proceedings; or
b: a party to the proceedings.
2: An appointment under subsection (1)
162A: Appointment of lawyer to assist court
In any proceedings under this Act (other than criminal proceedings), a court may—
a: appoint a lawyer to assist the court; or
b: direct the Registrar of the court to appoint a lawyer to assist the court.
162B: Fees and expenses of lawyer appointed under section 162 or 162A
1: The fees and expenses of a lawyer appointed under section 162 or 162A 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 162 or 162A 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 in any proceedings a lawyer has been appointed under section 162 or 162A and the fees and expenses relating to that appointment have been paid under subsection (1), the court must make an order under section 162C, unless the court declines to do so in accordance with that section.
5: However, no order under section 162C may be made—
a: against the Crown, whether acting through the department for the time being responsible for the administration of this Act or otherwise; or
b: in respect of an appointment under section 162A, where a lawyer has been appointed under that section to provide to the court independent legal advice on any complex legal issue.
162C: Order requiring reimbursement of costs payments
1: An order referred to in section 162B(4) must require the parties to reimburse to the Crown the prescribed proportion of the amount paid by the Crown, under section 162B(1)(b), in respect of the fees and expenses of a lawyer appointed under section 162 or 162A.
2: Despite subsection (1), the court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party.
3: Each party against whom an order is made under subsection (1)
4: Despite subsection (3), if the court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court may substitute, for that party, a different amount not exceeding the prescribed proportion.
5: In this section,— dependent child, prescribed proportion section 135A serious hardship
a: includes significant financial difficulties that arise because of—
i: the party's inability to meet minimum living expenses according to normal community standards; or
ii: the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
iii: a serious illness suffered by the party or by a dependent child of the party; or
iv: the cost of education for a dependent child of the party:
b: does not include significant financial difficulties that arise because—
i: the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
ii: the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.
162D: Enforcement of orders made under section 162C
1: The amount that a party is ordered to reimburse under section 162C is a debt due to the Crown by that party and may be enforced in a District Court or the High Court, as the case may require, in the same manner as a judgment of that court.
2: Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable—
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.
9: Section 165 amended (Power of District Court or Family Court to call witnesses)
Replace section 165(4)
4: A witness called by the court under this section may be—
a: examined and re-examined by the court, or by a lawyer appointed to assist the court; and
b: cross-examined by or on behalf of any party to the proceedings.
10: Section 171 amended (Costs)
After section 171(2)
3: This section is subject to section 162B
11: Section 174 amended (Appeals from decisions of District Courts and Family Courts)
1: In section 174(1AA) (other than criminal proceedings or proceedings under section 130)
2: In section 174(1) subsection (1A) subsection (1AA)
3: Replace section 174(1A)
1A: However, no appeal may be made to the High Court under subsection (1) in relation to—
a: criminal proceedings; or
b: a decision under—
i: section 162
ii: section 162A
1B: The High Court Rules 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.
12: Section 187 amended (Regulations)
Repeal section 187(a), (ca), (cb), and (cc)
13: New sections 193 and 194 inserted
After section 192
193: Transitional provision for counselling or mediation arranged before commencement of Family Proceedings Amendment Act (No 2) 2013
If any counselling or mediation has been arranged under Part 2 before the date of commencement of the Family Proceedings Amendment Act (No 2) 2013
a: the counselling or mediation may be commenced or completed on or after the date of commencement of the Family Proceedings Amendment Act (No 2) 2013 Family Proceedings Amendment Act (No 2) 2013
b: the counselling or mediation may not be commenced or continued 4 months after the date of commencement of the Family Proceedings Amendment Act (No 2) 2013
194: Transitional provision for proceedings commenced before commencement of Family Proceedings Amendment Act (No 2) 2013
1: This section applies to proceedings under this Act that were commenced before the date of commencement of the Family Proceedings Amendment Act (No 2) 2013 pending proceeding
2: The following provisions do not apply to a pending proceeding:
a: section 162A
b: section 162B
c: section 162C
d: section 162D
3: Section 162, as in force immediately before the date of commencement of the Family Proceedings Amendment Act (No 2) 2013 Family Proceedings Amendment Act (No 2) 2013
14: Schedule 2 amended
In Schedule 2 Family Proceedings Amendment Act 2008 (2008 No 79) Family Proceedings Amendment Act 2013 (2013 No 47) |
DLM5623403 | 2013 | Local Electoral Amendment Act (No 2) 2013 | 1: Title
This Act is the Local Electoral 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 Local Electoral Act 2001 principal Act 2013-12-05 Local Electoral Act 2001
4: Section 138 amended (Duty to take action in respect of offences)
Replace section 138(1)(a)(ii)
ii: Part 5A; or
iii: this Part; or . |
DLM4274700 | 2013 | Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 | 1: Title
This Act is the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013.
2: Commencement
This Act comes into force on 1 January 2014.
3: Principal Act
This Act amends the Holidays Act 2003 principal Act 2014-01-01 Holidays Act 2003
4: Purpose
The purpose of this Act is to amend the public holiday provisions of the principal Act
5: New section 45A inserted (Transfer of Waitangi Day and ANZAC Day public holidays)
After section 45
45A: Transfer of Waitangi Day and ANZAC Day public holidays
1: For the purposes of this subpart, if Waitangi Day or ANZAC Day—
a: falls on a Saturday or a Sunday, and the day would otherwise be a working day for the employee, the public holiday must be treated as falling on that day:
b: falls on a Saturday or a Sunday, and the day would not otherwise be a working day for the employee, the public holiday must be treated as falling on the following Monday.
2: To avoid doubt, this section does not entitle an employee to more than 1 public holiday for Waitangi Day or more than 1 public holiday for ANZAC Day.
6: Consequential amendment to Anzac Day Act 1966
1: This section amends the Anzac Day Act 1966
2: After section 5
5A: Relationship with Holidays Act 2003
This Act is subject to section 45A 2014-01-01 Anzac Day Act 1966
7: Consequential amendments to Waitangi Day Act 1976
1: This section amends the Waitangi Day Act 1976
2: Repeal section 4(2)
3: After section 4
6A: Relationship with Holidays Act 2003
This Act is subject to section 45A 2014-01-01 Waitangi Day Act 1976
8: Consequential amendments to other enactments
Amend the enactments specified in Schedules 1 2 3 2014-01-01 Biosecurity Act 1993 Companies Act 1955 Regulations 1994 Conservation Act 1987 Criminal Procedure Act 2011 Crown Pastoral Land Act 1998 Fish and Game Council Elections Regulations 1990 Interpretation Act 1999 Justices of the Peace Act 1957 Ngāti Manuhiri Claims Settlement Act 2012 Residential Tenancies Act 1986 Resource Management Act 1991 Social Security Act 1964 Social Workers Registration Act 2003 Supreme Court Act 2003 Telecommunications Act 2001 Temporary Safeguard Authorities Act 1987 Trade Marks Act 2002 Agricultural Compounds and Veterinary Medicines Act 1997 Animal Welfare Act 1999 Arms Act 1983 Broadcasting Act 1989 Building Act 2004 Children, Young Persons, and Their Families Act 1989 Citizens Initiated Referenda Act 1993 Civil Defence Emergency Management Act 2002 Commerce Act 1986 Companies Act 1993 Construction Contracts Act 2002 Copyright Act 1994 Credit Contracts and Consumer Finance Act 2003 Crown Minerals Act 1991 Defamation Act 1992 Electoral Act 1993 Electricity Act 1992 Films, Videos, and Publications Classification Act 1993 Financial Reporting Act 1993 Fisheries Act 1996 Forests Act 1949 Gas Act 1992 Geographical Indications (Wine and Spirits) Registration Act 2006 Goods and Services Tax Act 1985 Government Roading Powers Act 1989 Hazardous Substances and New Organisms Act 1996 Historic Places Act 1993 Immigration Act 2009 Immigration Advisers Licensing Act 2007 Income Tax Act 2007 Intelligence and Security Committee Act 1996 Local Government Act 1974 Local Government Act 2002 Local Government Official Information and Meetings Act 1987 Ministries of Agriculture and Forestry (Restructuring) Act 1997 Ministry of Agriculture and Fisheries (Restructuring) Act 1995 Motor Vehicle Sales Act 2003 Ngāi Tahu Claims Settlement Act 1998 Official Information Act 1982 Overseas Investment Act 2005 Personal Property Securities Act 1999 Postal Services Act 1998 Privacy Act 1993 Property Law Act 2007 Protected Disclosures Act 2000 Public Finance Act 1989 Public Works Act 1981 Referenda (Postal Voting) Act 2000 Sale of Liquor Act 1989 Securities Act 1978 Summit Road (Canterbury) Protection Act 2001 Tauranga District Council (Route K Toll) Empowering Act 2000 Trans-Tasman Mutual Recognition Act 1997 Weathertight Homes Resolution Services Act 2006 Wheat Industry Research Levies Act 1989 Domestic Violence (Programmes) Regulations 1996 Energy Efficiency (Energy Using Products) Regulations 2002 Fisheries (Kaimoana Customary Fishing) Regulations 1998 Fisheries (South Island Customary Fishing) Regulations 1999 Housing Restructuring and Tenancy Matters (Appeals) Regulations 2000 Human Rights Regulations 1993 Income Tax (Determinations) Regulations 1987 Marine Mammals Protection Regulations 1992 Ozone Layer Protection Regulations 1996 Registered Architects Rules 2006 Taxation Review Authorities Regulations 1998 Maraeroa A and B Blocks Claims Settlement Act 2012 Nga Wai o Maniapoto (Waipa River) Act 2012 Ngāti Apa (North Island) Claims Settlement Act 2010 Ngāti Manawa Claims Settlement Act 2012 Ngati Porou Claims Settlement Act 2012 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Ngāti Whare Claims Settlement Act 2012 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 Ngaa Rauru Kiitahi Claims Settlement Act 2005 Ngai Tāmanuhiri Claims Settlement Act 2012 Ngāti Awa Claims Settlement Act 2005 Ngāti Mākino Claims Settlement Act 2012 Ngāti Mutunga Claims Settlement Act 2006 Ngāti Pāhauwera Treaty Claims Settlement Act 2012 Ngati Ruanui Claims Settlement Act 2003 Ngati Tama Claims Settlement Act 2003 Ngāti Tūrangitukua Claims Settlement Act 1999 Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005 Ngāti Whātua Ōrākei Claims Settlement Act 2012 Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 Pouakani Claims Settlement Act 2000 Rongowhakaata Claims Settlement Act 2012 Te Arawa Lakes Settlement Act 2006 Te Roroa Claims Settlement Act 2008 Te Uri o Hau Claims Settlement Act 2002 Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Act 2011 Children, Young Persons, and Their Families Act 1989 Education Act 1989 Fisheries (Location and Inspection of Aquaculture Agreements Register) Notice 2007 Fisheries (Location and Inspection of Fish Farmer Register) Notice 2007 Fisheries (Location and Inspection of Registers) Notice 2007 Immigration Act 2009 Industrial and Provident Societies Regulations 1952 War Pensions Regulations 1956 |
DLM5788402 | 2013 | Carriage of Goods Amendment Act 2013 | 1: Title
This Act is the Carriage of Goods Amendment Act 2013.
2: Commencement
This Act comes into force on the day that is 6 months after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Carriage of Goods Act 1979 2014-06-17 Carriage of Goods Act 1979
4: Limitation of amount of carrier's liability
Section 15(1) $1,500 $2,000 |
DLM5739901 | 2013 | Financial Reporting (Amendments to Other Enactments) Act 2013 | 1: Title
This Act is the Financial Reporting (Amendments to Other Enactments) Act 2013.
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 may be made appointing different dates for different provisions and for different purposes.
2: To the extent that it is not previously brought into force under subsection (1), the rest of this Act comes into force on 1 April 2017.
3: In this section, provision Section 2(1) brought into force 1 April 2015 clause 3(2) Financial Reporting Legislation Commencement Order 2014 Section 2(1) brought into force 1 April 2014 clause 3(1) Financial Reporting Legislation Commencement Order 2014
3: Overview
This Act makes amendments to other enactments in connection with the Financial Reporting Act 2013 Amendments to Building Societies Act 1965
4: Principal Act
Sections 5 to 15 Building Societies Act 1965 principal Act OIC LI 2014/52 2014-04-01 Building Societies Act 1965 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
5: Section 2 amended (Interpretation)
1: In section 2(1) financial year financial year section 41 Financial Reporting Act 2013 .
2: In section 2(1) licensed auditor registered audit firm
3: In section 2(1) applicable auditing and assurance standard section 5 Financial Reporting Act 2013 financial statements section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 .
6: Sections 90 to 94 and cross-heading above section 90 replaced
Replace sections 90 to 94 Accounting records and financial reporting
90: Accounting records must be kept
Every society must comply with subpart 2 of Part 7
91: Financial reporting
1: Every society must comply with subpart 3 of Part 7
2: The directors of every society must ensure that the financial statements of the society are laid before the society at the annual general meeting.
92: Half-yearly financial statements must be prepared
1: Every society must ensure that, within 3 months after the end of the first half of the financial year, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the society and that first half of the financial year; and
b: dated and signed on behalf of the society by 2 directors of the society.
2: The financial statements referred to in subsection (1)
a: published in the manner, or distributed to the persons, that are prescribed; and
b: audited by a qualified auditor if required by regulations made under this Act.
7: Sections 95 to 97B replaced
Replace sections 95 to 97B
95: Directors' report
1: The directors must prepare for submission at the annual general meeting a report on the state of the affairs of the society.
2: The directors' report must be attached to the financial statements laid before that meeting.
3: The directors of every society must ensure that every copy of the financial statements of the society referred to in section 91
a: a copy of the directors' report; and
b: a copy of the auditor's report on those statements.
96: Distribution of copies of financial statements and reports
1: The directors of every society must ensure that a copy of the financial statements to be laid before the society at the annual general meeting, a copy of the auditor's report on those statements, and a copy of the directors' report are, not less than 14 days before the date of the meeting,—
a: sent to each member of the society; or
b: published in major daily newspapers circulating generally in those parts of New Zealand where members reside.
2: The directors of every society must ensure that a copy of the directors' report is sent to the Registrar for registration within the time frame referred to in subsection (1)
3: Subsection (1)(b)
97: Depositors and members entitled to be supplied with copy of financial statements
1: Every depositor in or member of a society is entitled, on demand and without charge, to be supplied with copies of the last financial statements and reports of the society that are required to be laid before that society at the annual general meeting.
2: The directors of the society must ensure that the depositor or member is sent copies of the financial statements and reports within 7 days after the demand is made.
3: However, this section does not apply if the depositor in or member of the society—
a: has previously been sent copies of the financial statements and reports; or
b: has already demanded and received copies of the financial statements and reports under this section.
97A: Offences relating to laying financial statements before annual general meeting, half-yearly financial statements, directors' report, and distribution of financial statements
1: If any of sections 91(2), 92, 95, 96, and 97
2: It is a defence to a director of a society charged with an offence under this section in respect of a requirement referred to in section 91(2), 92, 95, 96, or 97
a: the society took all reasonable and proper steps to ensure that the requirement would be complied with; or
b: the director took all reasonable steps to ensure that the requirement would be complied with; or
c: in the circumstances, the director could not reasonably have been expected to take steps to ensure that the requirement would be complied with.
8: Section 98 amended (Appointment of auditors)
Repeal section 98(2) and (2A)
9: Section 100 replaced (Disqualifications for appointment as auditor)
Replace section 100
100: Qualifications of auditors and access to information
1: No person is qualified for appointment as auditor of a society unless he or she is a qualified auditor (within the meaning of section 35 Financial Reporting Act 2013
2: See sections 37 to 39 Financial Reporting Act 2013
10: Section 101 amended (Auditors' report, right of access to books, and right to attend meetings)
1: In the heading to section 101 , right of access to books,
2: In section 101(1) on the accounts examined by them, and
3: Replace section 101(2) to (6)
2: An auditor must, in carrying out an audit for the purposes of subsection (1) or section 92
3: The auditor's report must comply with the requirements of all applicable auditing and assurance standards.
11: Section 102 repealed (Accounts of groups in terminating society)
Repeal section 102
12: Section 106 amended (Auditors' report on annual return)
In section 106(3)(c) books of account and records accounting and other records
13: Section 121B amended (Registration of documents)
In section 121B(1)(b) section 97A(1) section 96(1)
14: Section 130 amended (Form in which records may be kept)
In section 130(1) and (2) book of account accounting record
15: Section 137 amended (Regulations)
1: Repeal section 137(1)(aa)
2: Replace section 137(1)(ac)
ac: requiring financial statements required under section 92 .
16: Consequential amendments to Building Societies Regulations 1989
1: This section amends the Building Societies Regulations 1989
2: In the Part 2 Financial statements and annual Annual
3: Revoke regulations 17 to 38 regulations 17 23 25 38
4: Revoke Schedule 4 OIC LI 2014/52 2014-04-01 Building Societies Regulations 1989 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
17: Transitional provision
1: The Building Societies Act 1965, as amended by sections 5 to 15
2: The Building Societies Act 1965 Building Societies Regulations 1989 Financial Reporting Act 2013
3: This section is subject to sections 55 and 56 Financial Reporting Act 2013 Financial Reporting Act 1993 Amendments to Charities Act 2005
18: Principal Act
Sections 19 to 21 Charities Act 2005 principal Act OIC LI 2014/52 2015-04-01 Charities Act 2005 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2015 by LI 2014/52.
19: Section 41 amended (Duty to prepare annual return)
Replace section 41(2)
2: The annual return of a charitable entity must—
a: be in the form, contain the particulars, and comply with the directions as to the preparation of those returns that are prescribed by the chief executive under section 42; and
b: be accompanied by a copy of the financial statements of the charitable entity (or, in the case of section 46(1A)(b)
20: New sections 42A and 42B inserted
After section 42
42A: Content of financial statements
1: The financial statements referred to in section 41(2)(b)
a: in the case of financial statements of a specified not-for-profit entity, generally accepted accounting practice; or
b: in any other case, either generally accepted accounting practice or a non-GAAP standard that applies for the purposes of this section.
2: In this section and sections 41 and 42B
a: specified not-for-profit entity section 46 Financial Reporting Act 2013
b: accounting period applicable financial reporting standard financial statements generally accepted accounting practice non-GAAP standard section 5 Financial Reporting Act 2013
3: If a charitable entity is subject to another Act that imposes duties relating to the preparation, audit, registration, or lodgement of financial statements, the entity must, in addition to complying with this Act, comply with the requirements of that other Act.
42B: Offence to knowingly fail to comply with standards
1: A charitable entity and every officer of the charitable entity commit an offence and are liable on conviction to a fine not exceeding $50,000 if—
a: the financial statements of the charitable entity referred to in section 41(2)(b)
b: the charitable entity or officer (as the case may be) knows, at the time that the financial statements accompany the annual return when it is sent or delivered under section 41, that the financial statements fail to so comply.
2: If financial statements are prepared on a consolidated basis in respect of a single entity under section 46(1A)(a) subsection (1)
21: Section 46 amended (Board or chief executive may treat parent entity and 1 or more other entities as forming part of single entity on certain terms and conditions)
1: After section 46(1)
1A: If the duty under section 41 (duty to prepare annual return) is to be complied with by the parent entity in relation to the single entity, the terms and conditions under subsection (1) may provide that the financial statements that must accompany an annual return that is sent or delivered by the parent entity are prepared—
a: on a consolidated basis in respect of the single entity; or
b: separately in respect of each entity that forms part of the single entity.
1B: The Board or the chief executive must, in deciding whether subsection (1A)(a) or (b)
a: the needs of users of the financial statements; and
b: the purpose of this Act set out in section 3.
2: In section 46(4)(b) that section (but see subsection (1A)
22: Transitional provision
1: The Charities Act 2005, as amended by sections 19 to 21
2: The Charities Act 2005 Financial Reporting Act 2013 Amendments to Companies Act 1993
23: Principal Act
Sections 24 to 43 Companies Act 1993 principal Act OIC LI 2014/52 2014-04-01 Companies Act 1993 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
24: Section 2 amended (Interpretation)
1: In section 2(1) balance date balance date section 41 Financial Reporting Act 2013 .
2: In section 2(1) exempt company
3: In section 2(1) financial statements financial statements section 6 Financial Reporting Act 2013 .
4: In section 2(1) group financial statements group financial statements section 7 Financial Reporting Act 2013 .
5: In section 2(1) group of companies
6: In section 2(1) applicable auditing and assurance standard section 5 Financial Reporting Act 2013 applicable financial reporting standard section 5 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 .
7: After section 2(5)
6: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
7: If an example and a provision to which it relates are inconsistent, the provision prevails.
25: Section 4 amended (Meaning of solvency test)
1: Replace section 4(2)(a)(i)
i: the most recent financial statements of the company that are prepared under this Act or any other enactment (if any); and
ia: the accounting records of the company; and .
2: Replace section 4(3)(a)(i)
i: the most recent financial statements of each amalgamating company that are prepared under this Act or any other enactment (if any); and
ia: the accounting records of the amalgamating company; and .
26: Section 80 amended (Financial assistance not exceeding 5% of shareholders' funds)
1: In section 80(1)(a) most recent financial statements of the company that comply with section 10 of the Financial Reporting Act 1993 relevant statements or records
2: After section 80(1)
1A: In subsection (1), relevant statements or records
a: financial statements of the company prepared for the most recently completed accounting period in accordance with generally accepted accounting practice; or
b: if those financial statements have not been prepared, the accounting records of the company.
27: Section 120 amended (Annual meeting of shareholders)
Replace section 120(1) to (3)
1: The board of a company must call an annual meeting of shareholders to be held—
a: not later than 6 months after the balance date of the company; and
b: not later than 15 months after the previous annual meeting.
2: However, a company does not have to hold its first annual meeting in the calendar year of its registration but must hold that meeting within 18 months after its registration.
28: Section 122 amended (Resolution in lieu of meeting)
Replace section 122(3)(a)
a: in the case of a resolution under section 207I or 207J .
29: Section 189 amended (Company records)
Replace section 189(1)(h)
h: copies of all financial statements and group financial statements required to be completed by this Act or any other enactment for the last 7 completed accounting periods of the company: .
30: Part 11 replaced
Replace Part 11
11: Accounting records and financial reporting
1: Accounting records
194: Accounting records must be kept
1: The board of a company must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the company; and
b: will enable the company to ensure that the financial statements or group financial statements of the company comply with generally accepted accounting practice (if the company is required to prepare such statements under this Act or any other enactment); and
c: will enable the financial statements or group financial statements of the company to be readily and properly audited (if those statements are required to be audited).
2: The board of a company must establish and maintain a satisfactory system of control of its accounting records.
3: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English.
4: If the board of a company fails to comply with the requirements of this section, every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(3)
195: Place accounting records to be kept
1: A company need not keep its accounting records in New Zealand.
2: If the records are not kept in New Zealand,—
a: the company must ensure that accounts and returns for the operations of the company that satisfy the following requirements are sent to, and kept at, a place in New Zealand:
i: the accounts and returns must enable the preparation of the company's financial statements or group financial statements required by this Act or any other enactment; and
ii: the accounts and returns must enable the preparation of any other document required by this Act; and
b: notice of the place where the accounting records and the accounts and returns required under paragraph (a)
3: If a company fails to comply with subsection (2)
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(2):
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2).
2: Financial reporting
196: Overview
1: This subpart imposes financial reporting requirements on—
a: every large company; and
b: every large overseas company that carries on business in New Zealand; and
c: every other company with 10 or more shareholders (unless the shareholders of the company opt out of compliance); and
d: every other company with fewer than 10 shareholders if shareholders of the company holding at least 5% of the voting shares require the company to comply.
2: This section is only a guide to the general scheme and effect of this subpart.
197: Non-application of subpart if alternative financial reporting duties under financial markets legislation
This subpart does not apply to a company or an overseas company in relation to an accounting period if financial statements of the company or overseas company, or group financial statements of the group that comprises the company or overseas company and its subsidiaries, are required to be prepared for that period under subpart 3 of Part 7 section 55 Financial Reporting Act 2013
198: Interpretation
In this subpart,— group large company section 45 Financial Reporting Act 2013 large overseas company
a: carries on business in New Zealand within the meaning of section 332; and
b: is large under section 45 Financial Reporting Act 2013 public entity qualified auditor section 35 Financial Reporting Act 2013 subsidiary
a: means a subsidiary within the meaning of sections 5 to 8; and
b: includes, except in section 207D voting share
a: during a period in which a payment or distribution (or part of a payment or distribution) in respect of the share is in arrears or some other default exists:
b: on a proposal that affects rights attached to the share:
c: during the liquidation of the company:
d: in respect of a special, immaterial, or remote matter that is inconsequential to control of the company.
199: Determining number of shareholders
1: For the purposes of this subpart and section 208
2: Joint holders of a parcel of shares must be counted as a single shareholder. Example
ABC Limited has an accounting period of 1 April 2014 to 31 March 2015. ABC Limited is not large ( see section 45 Financial Reporting Act 2013 At the close of 1 April 2014, 16 shareholders hold ordinary voting shares. (The company also has 12 shareholders who hold non-voting preference shares, but non-voting shares are not relevant to the calculation under this section). Two of those shareholders hold their parcel of ordinary voting shares jointly. These shareholders are counted as a single shareholder. For the purposes of this subpart and section 208 section 207I Preparation of financial statements
200: Application of preparation provisions
1: Sections 201 and 202
a: every large company; and
b: every company that is a public entity; and
c: every large overseas company; and
d: every other company with 10 or more shareholders unless the company has opted out of compliance with the provision in accordance with section 207I
e: every other company with fewer than 10 shareholders if the company has opted into compliance with the provision in accordance with section 207K
2: However, section 201 does not apply to a company or an overseas company in relation to a balance date if the company or overseas company has, on that date, 1 or more subsidiaries ( see section 202
201: Financial statements must be prepared
Every company or overseas company to which this section applies ( A
a: completed in relation to A and that balance date; and
b: dated and signed on behalf of A by 2 directors of A, or, if A has only 1 director, by that director. 1993 No 106 ss 10(1), 11(1)
202: Group financial statements must be prepared
1: Every company or overseas company to which this section applies ( A
a: completed in relation to that group and that balance date; and
b: dated and signed on behalf of A by 2 directors of A, or, if A has only 1 director, by that director.
2: Group financial statements are not required under subsection (1)
a: on the balance date, A is a subsidiary of a body corporate that is incorporated in New Zealand ( B
b: group financial statements in relation to a group comprising B, A, and all other subsidiaries of B that comply with generally accepted accounting practice are completed in relation to that balance date under this Act or any other enactment. 1993 No 106 ss 13(1), 14(1)
203: Recognition of financial reporting requirements of overseas countries
1: Subsection (2) A
a: the financial statements of A comply with the requirements of the law in force in the country where A is incorporated or constituted; and
b: those requirements are—
i: substantially the same as those of this Act; or
ii: sufficiently equivalent, in relation to the quality of financial reporting they achieve, to the requirements of this Act.
2: The financial statements must be treated as complying with generally accepted accounting practice.
3: Subsection (4) A
a: the group financial statements of the group that comprises A and its subsidiaries comply with the law in force in the country where A is incorporated or constituted; and
b: those requirements are—
i: substantially the same as those of this Act; or
ii: sufficiently equivalent, in relation to the quality of financial reporting they achieve, to the requirements of this Act.
4: The group financial statements must be treated as complying with generally accepted accounting practice. 1993 No 106 ss 11(3), 14(5)
204: Financial statements for overseas company must include financial statements for large New Zealand business
1: If an overseas company is required to prepare financial statements under section 201
2: If an overseas company is required to prepare group financial statements under section 202
3: In this section, the New Zealand business or the group's New Zealand business is large
a: as at the balance date of each of the 2 preceding accounting periods, the total assets of the business exceed $20 million:
b: in each of the 2 preceding accounting periods, the total revenue of the business exceeds $10 million.
4: A financial reporting standard (or a part of a standard) issued by the External Reporting Board that is expressed as applying for the purposes of subsection (3)
5: If an overseas company has been granted an exemption under section 207L section 201 section 202 subsection (1) or (2) 1993 No 106 ss 8(2), 9(2)
205: Balance date of subsidiaries
1: The board of a company or an overseas company that is required to comply with section 202
2: If the balance date of a subsidiary of a company or an overseas company referred to in subsection (1) 1993 No 106 s 7(7), (11) Audit of financial statements
206: Application of audit requirement
1: Section 207
a: every large company unless subsection (2)
b: every company that is a public entity; and
c: every large overseas company; and
d: every company with 10 or more shareholders unless the company has opted out of compliance with that section in accordance with section 207I
e: every company with fewer than 10 shareholders if the company has opted into compliance with the section in accordance with section 207K
2: Subsection (1)(a) A
a: A has opted out of compliance with section 207 section 207J
b: the following requirements are satisfied:
i: A is a wholly-owned subsidiary of another company ( B B
ii: group financial statements in relation to a group comprising B, A, and all other subsidiaries of B that comply with generally accepted accounting practice are completed and signed within the time specified in section 202
iii: a copy of the group financial statements referred to in subparagraph (ii)
207: Financial statements must be audited
1: Every company or overseas company to which this section applies ( A section 201, 202, or 204
2: See sections 37 to 39 Financial Reporting Act 2013
207A: Audit must be carried out in accordance with auditing and assurance standards
1: An auditor must, in carrying out an audit for the purposes of section 207
2: Subsection (3) A overseas standards
a: substantially the same as the applicable auditing and assurance standards referred to in subsection (1)
b: sufficiently equivalent, in relation to the quality of auditing they achieve, to the applicable auditing and assurance standards referred to in subsection (1)
3: The auditor of A's financial statements or group financial statements may, in carrying out the audit of those statements and in preparing the auditor's report, comply with the overseas standards instead of the applicable auditing and assurance standards.
4: This section does not apply to a company that is a public entity.
207B: Auditor must report to shareholders
1: The auditor of a company must make a report to the shareholders on the financial statements or group financial statements audited by the auditor.
2: The auditor's report must comply with the requirements of all applicable auditing and assurance standards.
3: Subsection (2) section 207A(3)
207C: Auditor's report must be sent to Registrar and External Reporting Board if requirements have not been complied with
If the auditor's report indicates that the requirements of this Act have not been complied with, the auditor must, within 7 working days after signing the report, send a copy of the report and a copy of the financial statements or group financial statements to which it relates to the Registrar and the External Reporting Board. 1993 No 106 s 16(2) Registration of financial statements of overseas companies and other companies with significant overseas ownership
207D: Application of registration provisions
1: Section 207E
a: every large overseas company:
b: every large company in which shares that in aggregate carry the right to exercise or control the exercise of 25% or more of the voting power at a meeting of the company are held by—
i: a subsidiary of a body corporate incorporated outside New Zealand; or
ii: a body corporate incorporated outside New Zealand; or
iii: a person not ordinarily resident in New Zealand.
2: However, section 207E A
a: A is a subsidiary of a company that is incorporated in New Zealand ( B
b: group financial statements in relation to a group comprising B, A, and all other subsidiaries of B that comply with generally accepted accounting practice are completed and signed within the time specified in section 202
c: a copy of the group financial statements referred to in paragraph (b)
3: For the purposes of subsection (1) ordinarily resident in New Zealand
a: is domiciled in New Zealand; or
b: is living in New Zealand and the place where that person usually lives, and has been living for the immediately preceding 12 months, is in New Zealand, whether or not that person has on occasions been away from New Zealand during that 12-month period. 1993 No 106 s 19(1), (2)
207E: Financial statements must be registered
1: A company or an overseas company to which this section applies must ensure that, within 5 months after the balance date of the company or overseas company, copies of its financial statements or group financial statements completed in relation to that balance date under section 201, 202, or 204
2: The company or overseas company must, when the financial statements or group financial statements are registered, pay to the Registrar the prescribed registration fee (if any).
3: Any person may, on payment of the prescribed fee (if any), inspect the copies of the financial statements, group financial statements, and auditor's report on those statements delivered to the Registrar under this section. 1993 No 106 s 19(3) Shareholders may request copy of financial statements prepared for tax purposes
207F: Shareholders may request copy of financial statements prepared for tax purposes
1: This section applies if—
a: neither financial statements in relation to a company nor group financial statements in relation to a company's group are prepared under this Act or Part 7
b: financial statements in relation to the company, or group financial statements in relation to its group, are prepared under, or for the purposes of, any of the Inland Revenue Acts (as defined in section 3(1) of the Tax Administration Act 1994).
2: A shareholder of the company may at any time make a written request to the company for a copy of the financial statements or group financial statements (or both) referred to in subsection (1)(b)
3: The company must, within 10 working days of receiving a request under subsection (2) Financial reporting offences
207G: Financial reporting offences
1: This section applies if—
a: a company or an overseas company is required to comply with section 201
i: are not completed and signed within the time specified in that section; or
ii: fail to comply with an applicable financial reporting standard; or
b: a company or an overseas company is required to comply with section 202
i: are not completed and signed within the time specified in that section; or
ii: fail to comply with an applicable financial reporting standard; or
c: an overseas company is required to comply with section 204
i: are not completed and signed within 5 months after the balance date of the overseas company; or
ii: fail to comply with an applicable financial reporting standard; or
d: a company or an overseas company fails to comply with section 207
e: a company or an overseas company fails to comply with section 207E
f: a company fails to comply with section 207F
2: The company or overseas company commits an offence and is liable on conviction to a fine not exceeding $50,000.
3: Every director of the company or overseas company commits an offence and is liable on conviction to the penalty set out in section 374(3)
4: See 1993 No 106 ss 36, 38, 39 Provisions relating to opting out and opting in
207H: Period during which company may opt in or opt out
In sections 207I to 207K opting period section 207I(3), 207J(3), or 207K(2)
a: the date that is 6 months after the start of the accounting period:
b: the date of the annual meeting to be held in the accounting period:
c: in the case of an accounting period that is shorter than 6 months (as a result of the date of the registration of the company or a change of the balance date of the company), the balance date of the period.
207I: Companies with 10 or more shareholders may opt out
1: This section applies to a company with 10 or more shareholders.
2: However, this section does not apply—
a: if the constitution of the company expressly provides that this section does not apply; or
b: if the company is a large company or a public entity.
3: The shareholders of the company may, at a meeting of shareholders held within the opting period, opt out of compliance with 1 or more of the following provisions in relation to the accounting period by way of a resolution approved by not less than 95% of the votes of those shareholders entitled to vote and voting on the question:
a: sections 201 and 202
b: section 207
c: section 208
4: If the shareholders opt out of compliance with a provision in relation to an accounting period under this section, the provision does not apply to the company in relation to that period. Example
ABC Limited has an accounting period of 1 April 2014 to 31 March 2015. ABC Limited is not a large company in relation to that period ( see section 45 Financial Reporting Act 2013 Under section 199 The opting period ends no later than the close of the date of the annual meeting to be held in that period. At the annual meeting, a resolution to opt out of the preparation provisions ( sections 201 and 202 section 207
207J: Large companies may opt out of audit requirement
1: This section applies to a large company.
2: However, this section does not apply if—
a: the constitution of the company expressly provides that this section does not apply; or
b: the company is a public entity; or
c: the company is required to register financial statements under section 207E
3: The shareholders of the company may, at a meeting of shareholders held within the opting period, opt out of compliance with section 207
4: If the shareholders opt out of compliance with section 207
207K: Companies with fewer than 10 shareholders may opt in
1: This section applies to a company (other than a large company) with fewer than 10 shareholders.
2: A shareholder of the company who holds, or shareholders of the company who together hold, not less than 5% of the voting shares may, by written notice given to the company within the opting period but not later than 5 working days before the end of that period, require the company to comply with 1 or more of the following provisions in relation to the accounting period:
a: section 201 or 202
b: section 207
c: section 208
3: If a notice is given under subsection (2) Registrar may grant exemptions to overseas companies
207L: Registrar may grant exemptions to overseas companies
1: The Registrar may, by notice in the Gazette sections 201, 202, 207, and 207E
2: The Registrar must not grant an exemption under this section unless he or she is satisfied that—
a: compliance with the relevant provision would require the overseas company to comply with requirements that are unduly onerous or burdensome; and
b: financial reporting requirements must be complied with in relation to the overseas company under the law in force in the country where the overseas company is incorporated or constituted and that those requirements are satisfactory; and
c: the extent of the exemption is not broader than what is reasonably necessary to address the matters that gave rise to the exemption.
3: The exemption may be granted on any terms and conditions that the Registrar thinks fit.
4: The Registrar may vary or revoke an exemption in the same way as an exemption may be granted under this section. 1993 No 106 s 35B(1)–(3), (5)
207M: Publication and status of exemptions
1: The Registrar may give notice of the exemption in any publications he or she thinks fit (in addition to notifying the exemption in the Gazette
2: Each notice published in the Gazette section 207L
3: The Registrar's reasons for granting an exemption (including why the exemption is appropriate) must be notified in the Gazette 1993 No 106 s 35B(4), (6), (7)
207N: Consultation
In deciding whether or not to grant, amend, or revoke an exemption under section 207L
a: may consult with any persons or organisations that the Registrar thinks fit; but
b: must consult with the Commissioner of Inland Revenue if the exemption involves any provision of section 201 or 202 1993 No 106 s 35C
207O: Exemption may apply to accounting period before exemption is granted
An exemption under section 207L section 207E 1993 No 106 s 35D
3: Miscellaneous auditing provisions
207P: Auditor must be appointed if financial statements must be audited
1: This section applies to a company in relation to an accounting period if financial statements or group financial statements of the company for that period are required to be audited under this Act, the Financial Markets Conduct Act 2013, or any other enactment.
2: A company must, at the annual meeting held in the accounting period referred to in subsection (1)
a: hold office from the conclusion of the meeting until the conclusion of the next annual meeting; and
b: audit the financial statements or group financial statements referred to in subsection (1)
3: However, if a company is a public entity, the Auditor-General is its auditor in accordance with that Act and subsection (2)
4: The first auditor of a company may be appointed by the directors of the company before the first annual meeting, and, if so appointed, holds office until the conclusion of that meeting.
207Q: Registrar may appoint auditor
1: The Registrar may appoint an auditor if,—
a: at an annual meeting of a company, no auditor is appointed or reappointed as required by section 207P
b: a casual vacancy in the office of auditor is not filled within 1 month of the vacancy occurring and the company is required to comply with section 207P
2: A company must, within 5 working days of the power becoming exercisable, give written notice to the Registrar of the fact that the Registrar is entitled to appoint an auditor under this section.
3: If a company fails to comply with subsection (2)
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(2); and
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2).
207R: Resignation and casual vacancy
1: An auditor may resign at any time by giving written notice to the board of the company, and the company must, as soon as practicable, notify its shareholders of the auditor's resignation.
2: If a company fails to comply with subsection (1)
3: The board of a company may fill any casual vacancy in the office of auditor, but while the vacancy remains the surviving or continuing auditor, if any, may continue to act as auditor.
207S: Auditor's fees and expenses
The fees and expenses of an auditor of a company must be fixed,—
a: if the auditor is appointed at a meeting of the company, by the company at the meeting or in the manner that the company determines at the meeting:
b: if the auditor is appointed by the directors, by the directors:
c: if the auditor is appointed by the Registrar, by the Registrar:
d: if the auditor is the Auditor-General, in accordance with the Public Audit Act 2001.
207T: Automatic reappointment
1: An auditor of a company, other than an auditor appointed under section 207P(4)
a: the auditor is not a qualified auditor; or
b: the company passes a resolution at the meeting appointing another person to replace him or her as auditor; or
c: the company is not required to appoint an auditor at the meeting ( see section 207P
d: the auditor has given notice to the company that the auditor does not wish to be reappointed.
2: An auditor is not automatically reappointed if the person who it is proposed will replace the auditor dies, or is or becomes incapable of, or disqualified from, appointment.
207U: Replacement of auditor
1: A company must not appoint a new auditor in the place of an auditor who is a qualified auditor, unless—
a: at least 20 working days' written notice of a proposal to do so has been given to the auditor; and
b: the auditor has been given a reasonable opportunity to make representations to the shareholders on the appointment of another person either in writing or by the auditor or the auditor's representative speaking at a shareholders' meeting (whichever the auditor may choose).
2: The auditor is entitled to be paid by the company reasonable fees and expenses for making the representations to shareholders.
207V: Auditor not seeking reappointment or resigning
1: If an auditor gives the board of a company written notice that the auditor does not wish to be reappointed or of the auditor's resignation, the board must, if requested to do so by that auditor,—
a: distribute, as soon as practicable, to all shareholders, at the expense of the company, a written statement of the auditor's reasons for the auditor's wish not to be reappointed or for the auditor's resignation; or
b: permit the auditor or the auditor's representative to explain at a shareholders' meeting the reasons for wishing not to be reappointed or for resigning.
2: An auditor is entitled to be paid by the company reasonable fees and expenses for making the representations to shareholders.
207W: Auditor's attendance at shareholders' meeting
1: The board of a company must ensure that an auditor of the company—
a: is permitted to attend a meeting of shareholders of the company; and
b: receives the notices and communications that a shareholder is entitled to receive that relate to a meeting of shareholders; and
c: may be heard at a meeting of shareholders that the auditor attends on any part of the business of the meeting that concerns the auditor as auditor.
2: If the board of a company fails to comply with subsection (1)
4: Infringement offence for failing to register financial statements
207X: Interpretation in this subpart
In this subpart,— infringement fee infringement notice section 207Z infringement offence section 207G(2) or (3) section 207G(1)(e)
207Y: Infringement offences
1: If a person is alleged to have committed an infringement offence, that person may—
a: be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
b: be served with an infringement notice as provided in section 207Z
2: Proceedings commenced in the way described in subsection (1)(a)
207Z: Infringement notices
1: The Registrar may issue an infringement notice to a person if the Registrar believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
2: The Registrar may revoke an infringement notice before the infringement fee is paid, or before an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.
3: An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked.
207ZA: Procedural requirements for infringement notices
1: An infringement notice may be served on a person—
a: by delivering it, or a copy of it, personally to the person who appears to have committed the infringement offence; or
b: by sending it, or a copy of it, by post, addressed to the person at the person's last known place of residence or business.
2: An infringement notice sent under subsection (1)(b)
3: An infringement notice must be in the prescribed form and must contain—
a: details of the alleged infringement offence that are sufficient to fairly inform a person of the time, place, and nature of the alleged infringement offence; and
b: the amount of the infringement fee; and
c: an address at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10) 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 does not pay the fee and does not request a hearing; and
h: any other prescribed matters.
4: If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957 and, in that case,—
a: reminder notices may be prescribed under regulations made under this Act; and
b: in all other respects, section 21 of the Summary Proceedings Act 1957 applies with all necessary modifications.
5: Reminder notices must contain the prescribed information.
207ZB: Payment of infringement fee
The Registrar must pay all infringement fees received into a Crown Bank Account.
31: Section 208 replaced (Obligation to prepare annual report)
Replace section 208
208: Obligation to prepare annual report
1: This section applies to—
a: every large company (within the meaning of section 198
b: every company that is a public entity; and
c: every company that is required to prepare financial statements or group financial statements under Part 7 section 55 Financial Reporting Act 2013
d: every company with 10 or more shareholders unless the company has opted out of compliance with this section in accordance with section 207I subsection (2)
e: every company with fewer than 10 shareholders if the company has opted into compliance with this section in accordance with section 207K subsection (2)
2: The board of every company to which this section applies must, within 5 months after the balance date of the company, prepare an annual report on the affairs of the company during the accounting period ending on that date.
3: If the board of a company fails to comply with subsection (2)
32: Section 209 amended (Obligation to make annual report available to shareholders)
1: After section 209(1)
1A: Subsection (1) does not apply if the annual report is not required to be prepared under section 208
2: Replace section 209(5)
5: For the purposes of this section and sections 209A and 209B, every concise annual report for a company must, in relation to an accounting period, include,—
a: in relation to a company that has, on the balance date of the company, no subsidiaries,—
i: financial statements for the accounting period that comply with generally accepted accounting practice and any auditor's report on those financial statements; or
ii: summary financial statements for the accounting period that comply with generally accepted accounting practice:
b: in relation to a company that has, on the balance date of the company, 1 or more subsidiaries,—
i: group financial statements for the accounting period that comply with generally accepted accounting practice and any auditor's report on those group financial statements; or
ii: summary financial statements for the accounting period, prepared in relation to the group comprising the company and its subsidiaries, that comply with generally accepted accounting practice.
33: Section 209A amended (Board must send copy of annual report or concise annual report on request)
After section 209A(2)
2A: Subsection (2) does not require a company to send a copy of an annual report on the affairs of the company during a particular accounting period if the board of the company is not required to comply with section 208
34: Section 211 amended (Contents of annual report)
1: Replace section 211(1)(b)
b: include any financial statements or group financial statements for the accounting period that are required to be prepared under Part 11 Part 7
c: if an auditor's report is required under Part 11 Part 7 .
2: In section 211(3) all shareholders shareholders who together hold at least 95% of the voting shares (within the meaning of section 198
3: Repeal section 211(4)
35: Section 211A repealed (Obligations to prepare and make available annual reports or financial statements do not apply to non-active companies)
Repeal section 211A
36: Section 212 amended (Shareholders may elect not to receive documents)
After section 212(2)
3: Subsection (2)(b) does not apply if the board of the company is not required to comply with section 209(1) in respect of an accounting period.
37: Section 300 amended (Liability if proper accounting records not kept)
Replace section 300(1)(a)
a: a company that is in liquidation and is unable to pay all its debts has failed to comply with—
i: section 194
ii: section 201 or 202 .
38: New section 340A inserted (Financial reporting requirements for large overseas companies)
After section 340
340A: Financial reporting requirements for large overseas companies
Subpart 2 of Part 11 section 198
39: Section 373 amended (Penalty for failure to comply with Act)
Replace section 373(2)(h) to (j)
h: section 195(3)(a)
i: section 207Q(3)(a) .
40: Section 374 amended (Penalties that may be imposed on directors in cases of failure by board or company to comply with Act)
1: Replace section 374(2)(15) to (20)
15: section 195(3)(b)
16: section 207Q(3)(b)
17: section 207R(2)
18: section 207W(2)
19: section 208(3) .
2: After section 374(2)
3: A director of a company who is convicted of an offence against any of the following sections of this Act is liable to a fine not exceeding $50,000:
a: section 194(4)
b: section 207G(3)
41: Section 386F amended (Exception in relation to non-dormant phoenix company known by pre-liquidation name of failed company for at least 12 months before liquidation)
In section 386F(2) section 194(2) section 194(1)
42: Schedule 1 amended
In Schedule 1, after clause 2(2)(b)
ba: the text of any resolution for the purposes of section 207I or 207J .
43: Schedule 4 amended
1: In Schedule 4 section 18 or section 19 of the Financial Reporting Act 1993 applied to the company the financial statements or group financial statements of the company were required to be registered or lodged under any Act
2: In Schedule 4
k: in the case of a company that has passed a resolution under section 207I or 207J
ka: in the case of a company in respect of which a notice has been given under section 207K .
44: Transitional provision
1: The Companies Act 1993 sections 24 to 43
2: The Companies Act 1993 Financial Reporting Act 1993 section 54(2) and (3) Financial Reporting Act 2013
3: Unless the context otherwise requires, a reference to financial statements or group financial statements in the Companies Act 1993 sections 200 to 207O Financial Reporting Act 1993 section 55 Financial Reporting Act 2013
4: This section is subject to sections 55 56 Financial Reporting Act 2013 Financial Reporting Act 1993 Amendments to Financial Markets Conduct Act 2013
45: Principal Act
Sections 46 to 61 Financial Markets Conduct Act 2013 principal Act OIC LI 2014/52 2014-04-01 Financial Markets Conduct Act 2013 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
46: Section 6 amended (Interpretation)
1: In section 6(1) accounting period applicable auditing and assurance standard applicable financial reporting standard financial statements FMC reporting entity generally accepted accounting practice group group financial statements licensed insurer
a: has the same meaning as in section 6 of the Insurance (Prudential Supervision) Act 2010; but
b: in Part 7 .
2: In section 6(1) balance date balance date .
3: In section 6(1) Part 7 financial reporting provision Part 7 financial reporting provision .
4: In section 6(1) qualified auditor qualified auditor section 461E .
5: In section 6(1) subsidiary subsidiary
a: has the meaning set out in section 5 of the Companies Act 1993; and
b: in Part 7, includes any entity that is classified as a subsidiary in any applicable financial reporting standard .
47: Section 351 amended (Regulations modifying Part for licensed markets)
1: In the heading to section 351 Part this Part or Part 7
2: After section 351(1)(a)
ab: providing that section 451(d) does not apply in respect of persons that are listed issuers only in respect of a licensed market or class of licensed markets, and providing for replacement or modified requirements to apply relating to accounting records and financial reporting: .
48: Part 7 replaced
Replace Part 7
7: Financial reporting
1: Overview, application, and interpretation
450: Overview
1: This Part provides for FMC reporting entities to—
a: keep proper accounting records; and
b: prepare financial statements, to have those financial statements audited, and to lodge those financial statements.
2: This section is only a guide to the general scheme and effect of this Part.
451: Meaning of FMC reporting entity
In this Act, FMC reporting entity
a: every person who is an issuer of a regulated product (but see
b: every person who holds a licence under Part 6 (other than an independent trustee of a restricted scheme):
c: every licensed supervisor:
d: every listed issuer (but see section 351(1)(ab)
e: every operator of a licensed market (other than a market licensed under section 317 (overseas-regulated markets)):
f: every recipient of money from a conduit issuer ( see
g: every registered bank:
h: every licensed insurer:
i: every credit union:
j: every building society:
k: every person that is an FMC reporting entity under clause 27A of Schedule 1.
452: Company that issues equity securities not FMC reporting entity if fewer than 50 shareholders
1: A company within the meaning of section 2(1) of the Companies Act 1993 is not an FMC reporting entity under section 451(a)
a: has fewer than 50 shareholders or fewer than 50 parcels of shares that are voting products; and
b: would, but for this section, be an FMC reporting entity by reason only of being an issuer of equity securities that are both voting products and regulated products.
2: In this section, shareholder 1993 No 106 s 6(g); 1993 No 107 s 2A
453: Recipients of money from conduit issuers
In section 451, a person ( A recipient of money from a conduit issuer
a: A is an associated person of another person (the conduit issuer
b: the conduit issuer raises an amount of money by the issue of financial products under—
i: a regulated offer; or
ii: an offer made, in the prescribed circumstances, in reliance upon an exclusion in Schedule 1; and
c: that money is raised as part of an agreement under which 75% or more of that money is provided, directly or indirectly and whether by 1 transaction or a series of transactions, for the use of—
i: A; or
ii: A and 1 or more third persons that are associated persons of A; and
d: the money that is provided to A under paragraph (c) is 10% or more of the money that is raised under paragraph (b); and
e: all or part of the money that is provided under paragraph (c) has not yet been repaid or returned to the conduit issuer. 1993 No 106 s 4A
454: Miscellaneous provisions relating to application
1: If a person ceases to be an FMC reporting entity during an accounting period, that person must be treated as continuing to be an FMC reporting entity in relation to that accounting period for the purposes of this Act and every other enactment.
2: Nothing in this Part or clause 20 of Schedule 4 requires an FMC reporting entity to ensure the completion of financial statements or group financial statements and the lodgement of those financial statements in relation to an accounting period that ended before the accounting period in which that person became an FMC reporting entity. 1993 No 106 ss 5, 21
2: Accounting records
455: FMC reporting entities must keep proper accounting records
1: Every FMC reporting entity must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the FMC reporting entity; and
b: in the case of a manager of a registered scheme, correctly record the transactions of the scheme; and
c: will enable the FMC reporting entity to ensure that the financial statements of the FMC reporting entity and of any such scheme comply with generally accepted accounting practice and any prescribed requirements; and
d: will enable the financial statements of the FMC reporting entity and of any such scheme to be readily and properly audited.
2: Every FMC reporting entity must establish and maintain a satisfactory system of control of its accounting records.
3: In this subpart, financial statements 1978 No 103 s 53
456: Place where accounting records to be kept
1: Accounting records required to be kept by this subpart must be kept—
a: at the registered office of the FMC reporting entity (if any); or
b: at another place that the directors of the FMC reporting entity think fit.
2: The accounting records may be kept at a place outside New Zealand only if there are sent to, and kept at a place in, New Zealand documents in respect of the business dealt with in those accounting records that will enable the preparation in accordance with this Act of—
a: the financial statements of the FMC reporting entity and any registered scheme referred to in section 455; and
b: any other document annexed to any of those statements that gives information that is required by any enactment. 1978 No 103 s 53A
457: Accounting records to be in English
1: Accounting records required to be kept by this subpart and the documents referred to in section 456(2) must be kept—
a: in written form and in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English.
2: An FMC reporting entity that contravenes this section commits an offence and is liable on conviction to a fine not exceeding $50,000.
3: The offence in this section is an infringement offence ( see 1978 No 103 s 53B
458: Period for which accounting records to be kept
Accounting records kept under this subpart, or copies of them, must be retained by the FMC reporting entity for a period of at least 7 years after the later of—
a: the date the records are made; and
b: the date of completion of the transaction to which the records relate. 1978 No 103 s 53C
459: Inspection of accounting records
1: Every FMC reporting entity must make the accounting records required to be kept under this subpart and the documents referred to in section 456(2) available, in written form in English at all reasonable times for inspection without charge, to—
a: the directors of the FMC reporting entity; and
b: any supervisor (if the FMC reporting entity is an issuer of debt securities or the manager of a registered scheme); and
c: the FMA; and
d: any other persons authorised or permitted by an enactment to inspect the accounting records of the FMC reporting entity or scheme.
2: An FMC reporting entity that contravenes this section commits an offence and is liable on conviction to a fine not exceeding $50,000.
3: The offence in this section is an infringement offence ( see 1978 No 103 s 53D
3: Preparation, audit, and lodgement of financial statements
Preparation of financial statements
460: Financial statements must be prepared
1: Every FMC reporting entity must ensure that, within 4 months after the balance date of the entity, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the entity and that balance date; and
b: dated and signed on behalf of the entity by 2 directors of the entity or, if the entity has only 1 director, by that director.
2: Subsection (1) is subject to sections 461(2) and 461A(4). 1993 No 106 ss 10(1), 11(1)
461: Group financial statements must be prepared
1: Every FMC reporting entity that has, on the balance date of the entity, 1 or more subsidiaries must ensure that, within 4 months after that balance date, group financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the group and that balance date; and
b: dated and signed on behalf of the entity by 2 directors of the entity or, if the entity has only 1 director, by that director.
2: Section 460 does not apply to an FMC reporting entity in relation to a balance date if the entity has, on that date, 1 or more subsidiaries (and is, accordingly, required to prepare group financial statements under subsection (1)).
3: The board of an FMC reporting entity must ensure that the balance date of the FMC reporting entity is the same as the balance date of its subsidiaries.
4: This section is subject to section 461A(4). 1993 No 106 ss 7(8), 13(1)
461A: Financial statements for registered schemes and funds
1: This section applies to every manager of a registered scheme.
2: If the liabilities of the manager and the scheme are not limited to a particular group of assets (a separate fund
a: completed in relation to the scheme and that balance date; and
b: dated and signed on behalf of the manager by 2 directors of the manager or, if the manager has only 1 director, by that director.
3: If the liabilities of the manager or the scheme are limited to a separate fund, the manager must ensure that, within 4 months after the balance date of the manager, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the scheme and that balance date; and
b: completed in relation to the separate fund and that balance date; and
c: dated and signed on behalf of the manager by 2 directors of the manager or, if the manager has only 1 director, by that director.
4: If the manager is an FMC reporting entity by reason only of being a manager of a restricted scheme, the manager—
a: is required to comply with this section; but
b: is not required to comply with sections 460 and 461. 1993 No 106 s 9A(1), (2)
461B: Financial statements for overseas FMC reporting entity to include financial statements for New Zealand business
1: If an FMC reporting entity that is an overseas company is required to prepare financial statements under section 460, the financial statements that are prepared must include, in addition to the financial statements of the entity, financial statements for its New Zealand business prepared as if that business were conducted by a company formed and registered in New Zealand.
2: If an FMC reporting entity that is an overseas company is required to prepare group financial statements under section 461, the group financial statements that are prepared must include, in addition to the financial statements of the group, financial statements for the group's New Zealand business prepared as if the members of the group were companies formed and registered in New Zealand.
3: In this section, overseas company 1993 No 106 ss 8(2), 9(2)
461C: Failure to comply with authoritative notice does not give rise to pecuniary penalty
1: This section applies if financial statements or group financial statements referred to in this subpart fail to comply with generally accepted accounting practice as a result of a failure to comply with an authoritative notice.
2: A pecuniary penalty order may not be made under section 489 in relation to the failure to comply with the authoritative notice.
3: In this section, authoritative notice Audit of financial statements
461D: Financial statements must be audited
Every FMC reporting entity must ensure that the financial statements or group financial statements that are required to be prepared under this subpart are audited by a qualified auditor. 1978 No 103 s 53E
461E: Meaning of qualified auditor
1: For the purposes of this Act, qualified auditor
a: a licensed auditor; or
b: a registered audit firm; or
c: in the case of an FMC reporting entity that is a public entity under the Public Audit Act 2001, the Auditor-General or any other person who may act as the auditor under that Act.
2: In this section, licensed auditor registered audit firm
3: The appointment of a registered audit firm by the firm name to be the qualified auditor for the purposes of this Act is deemed to be the appointment of all the partners in the firm, from time to time, who are licensed auditors.
4: None of the following persons is qualified for appointment as the qualified auditor of an FMC reporting entity:
a: the FMC reporting entity, or a director, an officer, or an employee of the FMC reporting entity:
b: a person who is a partner, or in the employment, of a person specified in paragraph (a):
c: a body corporate.
5: A person is not qualified for appointment as the qualified auditor of an FMC reporting entity if the person is, by virtue of subsection (4), disqualified for appointment as auditor of a related body corporate. 1978 No 103 s 2C
461F: Audit must be carried out in accordance with auditing and assurance standards
An auditor must, in carrying out an audit for the purposes of section 461D, comply with all applicable auditing and assurance standards.
461G: Auditor's report
1: The auditor's report on the financial statements or group financial statements that are required to be audited under this subpart must comply with the requirements of all applicable auditing and assurance standards.
2: If the auditor's report indicates that the requirements of this Part have not been complied with, the auditor must, within 7 working days after signing the report, send a copy of the report, and a copy of the financial statements or group financial statements to which it relates, to—
a: the FMA; and
b: the External Reporting Board; and
c: in the case of an issuer of debt securities or a manager of a registered scheme, the supervisor. 1993 No 106 s 16(1), (2) Lodgement of financial statements
461H: Lodgement of financial statements
1: Every FMC reporting entity must ensure that, within 4 months after the balance date of the entity, copies of the financial statements or group financial statements that are required to be prepared under this subpart, together with a copy of the auditor's report on those statements, are delivered to the Registrar for lodgement.
2: An FMC reporting entity that contravenes this section commits an offence and is liable on conviction to a fine not exceeding $50,000.
3: The offence in this section is an infringement offence ( see 1993 No 106 s 18(1)–(2) Offences
461I: Offence to knowingly fail to comply with financial reporting standards
1: An FMC reporting entity and every director of the entity commit an offence if—
a: any of the following fail to comply with an applicable financial reporting standard:
i: the financial statements of the entity prepared under section 460:
ii: group financial statements in relation to a group comprising the entity and its subsidiaries prepared under section 461:
iii: in the case of a manager of a registered scheme, financial statements for the scheme or a fund referred to in section 461A:
iv: the financial statements prepared by the entity under section 461B; and
b: the entity or the director (as the case may be) knows that the financial statements or group financial statements (as the case may be) fail to so comply when those statements are lodged.
2: A person who commits an offence under subsection (1) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 5 years, a fine not exceeding $500,000, or both; and
b: in any other case, to a fine not exceeding $2.5 million. FMC reporting entities with higher level of public accountability
461J: External Reporting Board must have regard to indication of level of public accountability
1: Subsection (2) applies when the External Reporting Board is preparing a proposal to vary or replace the strategy for establishing different tiers of financial reporting ( see
2: The External Reporting Board must have regard to which FMC reporting entities are considered to have a higher level of public accountability under section 461K.
3: Nothing in this section or section 461K requires any particular class of FMC reporting entity to be included within a particular tier of financial reporting (for example, some entities referred to in section 461K(1) could be included in one tier while other entities referred to in that subsection could be included in another tier).
461K: FMA reporting entities considered to have higher level of public accountability
1: The following FMC reporting entities are considered to have a higher level of public accountability than other FMC reporting entities:
a: issuers of equity securities or debt securities under a regulated offer:
b: managers of registered schemes, but only in respect of financial statements of a scheme or fund prepared under section 461A:
c: listed issuers:
d: registered banks:
e: licensed insurers:
f: credit unions:
g: building societies:
h: an FMC reporting entity, or a class of FMC reporting entities, specified for the purposes of this paragraph by a notice issued under section 461L(1)(a).
2: However, an FMC reporting entity, or a class of FMC reporting entities, is not considered to have a higher level of public accountability than other FMC reporting entities if the entity or class is specified for the purposes of this subsection by a notice issued under section 461L(1)(b).
3: Subsection (1)(b) does not limit subsection (1)(h).
461L: FMA may issue notice relating to level of public accountability
1: The FMA may issue a notice that specifies an FMC reporting entity, or a class of FMC reporting entities, for the purposes of—
a: section 461K(1)(h); or
b: section 461K(2).
2: The FMA must, before issuing a notice under subsection (1), be satisfied that the notice is necessary or desirable in order to promote the main purposes of this Act as specified in section 3 or any of the additional purposes specified in section 4.
3: Subpart 5 of Part 9 (general provisions relating to certain FMA instruments) applies to a notice under this section.
4: Civil liability for certain contraventions of this Part
461M: Part 7 financial reporting provisions
1: All of the provisions specified in subsections (3) and (4) are Part 7 financial reporting provisions.
2: A contravention of any of the provisions listed in subsection (3) may give rise to civil liability ( see
3: The provisions are the following:
a: section 455 (FMC reporting entities must keep proper accounting records):
b: sections 460, 461, 461A, and 461B (financial statements and group financial statements must be prepared):
c: section 461D (financial statements must be audited):
d: section 461H (financial statements must be lodged).
4: A contravention of section 456 or 458 (place where, and period for which, accounting records to be kept) may give rise to civil liability ( see
49: Section 462 amended (When FMA may make stop orders)
After section 462(1)(g)
ga: an issuer of financial products, or a person that provides a licensed market service, has contravened any provision of Part 7; or .
50: Section 489 amended (When court may make pecuniary penalty orders)
Replace section 489(3)
3: However, a pecuniary penalty order may not be made—
a: for a contravention, or involvement in a contravention, of section 19:
b: in the circumstances referred to in section 461C.
51: Section 490 amended (Maximum amount of pecuniary penalty)
In section 490(2)(f) section 461(4) section 461M(4)
52: Section 501 amended (Additional disclosure defence for directors who are treated as contravening)
1: In the heading to section 501 disclosure or financial reporting
2: In section 501(1)(a) section 82, 99, or 427 any of sections 82, 99, 427, 460 to 461B, 461D, and 461H
53: Section 534 amended (Directors treated as having contravened in case of defective disclosure)
1: In the heading to section 534 disclosure or financial reporting contravention
2: After section 534(1)(c)
ca: an FMC reporting entity has contravened any of sections 460 to 461B, 461D, and 461H (financial reporting obligations); or .
3: In section 534(3) authorised body, FMC reporting entity,
4: In section 534(3) (c), (ca),
54: Section 543 amended (Regulations for purposes of Part 3 (Disclosure of offers of financial products))
After section 543(1)(l)
la: prescribing circumstances for the purposes of section 453(b)(ii)
lb: prescribing circumstances for the purposes of clause 27A .
55: Section 547 amended (Transitionals, savings, and orderly implementation of Act and related enactments)
1: In section 547(1)(a) Schedule 4 the specified enactments
2: In section 547(6) specified enactments
ab: the Financial Reporting Act 2013; and
ac: the Financial Reporting (Amendments to Other Enactments) Act 2013 .
56: Section 554 amended (Regulations or exemptions may require compliance with generally accepted accounting practice, standards, or FMA frameworks or methodologies)
Replace section 554(3)
3: In this section,— auditing and assurance standard section 5(1) Financial Reporting Act 2013 financial reporting standard section 5(1) Financial Reporting Act 2013
57: New section 561A inserted (Financial reporting exemptions)
After section 561
561A: Financial reporting exemptions
1: An exemption granted under this subpart in relation to any provision of Part 7 may, if the FMA thinks fit, apply to an accounting period that commenced before the exemption is granted (including an accounting period that ended before the exemption is granted) if the exemption is granted before the financial statements or group financial statements for that period are required to be lodged under that Part.
2: In deciding whether to grant, amend, or revoke an exemption under this subpart in relation to any provision of Part 7, the FMA must consult the Reserve Bank if the exemption concerns any of the following:
a: a registered bank:
b: a licensed insurer:
c: an NBDT.
58: Section 570 amended (Application of subpart)
After section 570(a)
ab: notices issued under section 461L: .
59: Section 571 amended (Status and publication of instruments)
After section 571(2)(a)
ab: a notice issued under section 461L in respect of a class of FMC reporting entities: .
60: Schedule 1 amended
In Schedule 1
27A: Offeror is FMC reporting entity in prescribed circumstances
A person to whom clause 26 applies is an FMC reporting entity in the prescribed circumstances.
61: Schedule 4 amended
1: In Schedule 4
2A: For the purposes of subclause (1), the security must, on and after the effective date, be treated as being a regulated product under section 451(a) and, accordingly, the issuer must be treated as being an FMC reporting entity (unless section 452
2B: See section 56 Financial Reporting Act 2013
2: In Schedule 4
62: Financial Markets (Repeals and Amendments) Act 2013 amended
1: This section amends the Financial Markets (Repeals and Amendments) Act 2013
2: In the Schedule
3: In the Schedule OIC LI 2014/52 2014-04-01 Financial Markets (Repeals and Amendments) Act 2013 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52. Amendments to Friendly Societies and Credit Unions Act 1982
63: Principal Act
Sections 64 to 85 Friendly Societies and Credit Unions Act 1982 principal Act OIC LI 2014/52 2014-04-01 Friendly Societies and Credit Unions Act 1982 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
64: Section 2 amended (Interpretation)
1: In section 2 applicable auditing and assurance standard section 5 Financial Reporting Act 2013 applicable financial reporting standard section 5 Financial Reporting Act 2013 financial statements section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 non-GAAP standard section 5 Financial Reporting Act 2013 qualified auditor section 35 Financial Reporting Act 2013 .
2: In section 2 exempt society exempt branch exempt credit union
3: In section 2 licensed auditor registered audit firm
65: Section 9 amended (Registrar may publish statements, etc)
In section 9(a) (including forms of accounts, and statements of financial position)
66: Section 41 repealed (Inspection of books and accounts of society)
Repeal section 41
67: Cross-heading above section 59 replaced
Replace the cross-heading above section 59 Accounting records and financial reporting .
68: Section 59 amended (Financial year)
Repeal section 59(3)
69: Sections 60 to 64 replaced
Replace sections 60 to 64
60: Accounting records must be kept
1: Every registered society or branch must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the society or branch; and
b: will enable the society or branch to ensure that the financial statements of the society or branch comply with the requirements of this Act or any other Act (if those statements are required to be prepared); and
c: will enable the financial statements of the society or branch to be readily and properly audited (if those statements are required to be audited).
2: Every registered society or branch must establish and maintain a satisfactory system of control of its accounting records.
3: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English.
61: Non-application of section 63 if alternative financial reporting duties under financial markets legislation
Section 63 subpart 3 of Part 7 section 55 Financial Reporting Act 2013
62: Meaning of specified not-for-profit entity
In sections 63 to 64A specified not-for-profit entity section 46 Financial Reporting Act 2013
63: Financial statements must be prepared
1: Every registered society or branch must ensure that, within 3 months after the end of the financial year of the society or branch, financial statements are—
a: completed in relation to the society or branch and that financial year; and
b: dated and signed on behalf of the society or branch by the secretary of the society or branch and either by 2 members of its committee of management acting on behalf of that committee, or by 1 member of its committee of management acting on behalf of that committee and by 1 of the trustees of the society or branch.
2: The financial statements must be prepared in accordance with,—
a: in the case of a specified not-for-profit entity, generally accepted accounting practice; or
b: in any other case, either generally accepted accounting practice or a non-GAAP standard that applies for the purposes of this section.
3: A registered society or branch must not publish any financial statements unless—
a: those financial statements have been audited by the auditor or auditors last appointed to audit the financial statements of the society or branch; and
b: those financial statements include, or are accompanied by, a report by the auditor or auditors.
4: Subsection (3)
5: This section is subject to sections 61 and 64
64: Registered society or branch may opt out
1: This section applies to a registered society or branch that would, but for this section, be required to comply with section 63
2: However, this section does not apply to a registered society or branch in respect of a financial year if, in each of the 2 preceding financial years, the total operating expenditure of the society or branch is $30 million or more.
3: The members of a registered society or branch may, at a meeting of the society or branch held within 6 months from the start of a financial year, opt out of compliance with section 63
4: If the members opt out of compliance with section 63
5: A financial reporting standard (or a part of a standard) issued by the External Reporting Board that is expressed as applying for the purposes of this section must be applied in determining whether subsection (2)
64A: Obligation to appoint auditors
1: Every registered society or branch that is a specified not-for-profit entity in respect of a financial year must appoint a qualified auditor to audit its financial statements for that year (whether the financial statements are prepared under this Act or another Act).
2: Subsection (1)
3: See sections 37 to 39 Financial Reporting Act 2013
4: If a registered society or branch is not a specified not-for-profit entity in respect of a financial year, the society or branch must appoint a qualified auditor to audit its financial statements for that year if the rules of the society or branch require an auditor to be appointed.
64B: Registrar may appoint auditor
The Registrar may appoint an auditor if—
a: no auditor is appointed as required by section 64A
b: a casual vacancy in the office of auditor is not filled within 1 month of the vacancy occurring.
64C: Offences relating to accounting records and financial reporting
Every registered society or branch commits an offence and is liable on conviction to a fine not exceeding $50,000 if—
a: the society or branch fails to comply with section 60, 63(3), or 64A
b: the society or branch is required to comply with section 63
i: are not completed and signed within the time specified in that section; or
ii: fail to comply with an applicable financial reporting standard or a non-GAAP standard (as the case may be).
64D: Audit must be carried out in accordance with auditing and assurance standards
An auditor must, in carrying out an audit of the financial statements of a registered society or branch, comply with all applicable auditing and assurance standards.
64E: Auditor must report to society or branch
1: The auditor of a registered society or branch must make a report to the society or branch on the financial statements audited by the auditor.
2: The auditor's report must comply with the requirements of all applicable auditing and assurance standards.
70: Section 65 amended (Reappointment and removal of auditors)
1: In section 65(1) accounts and statement of financial position financial statements
2: After section 65(1)(a)
ab: financial statements for the current financial year are not required to be prepared; or
ac: the society or branch is not required under section 64A .
71: Section 68 repealed (Auditors' report)
Repeal section 68
72: Section 69 amended (Auditors' rights of access)
1: In the heading to section 69 of access to attend and be heard at meetings
2: Repeal section 69(1).
73: Section 70 amended (Annual return)
1: Replace section 70(3)(b)
b: must contain, if financial statements are required by this Act or any other Act to be prepared in relation to the society or branch for the financial year to which the return relates, a copy of those financial statements; and .
2: Replace section 70(5)
5: The annual return sent to the Registrar must be accompanied by the auditor's report on the financial statements referred to in subsection (3)(b)
74: Section 72 replaced (Annual return to be supplied to members)
Replace section 72
72: Annual return to be supplied to members
1: A registered society or branch must, on the application of a member or person interested in its funds, supply to the member or person without charge a copy of the last annual return of the society or branch.
2: A registered society or branch must provide, together with every copy of an annual return supplied under subsection (1)
75: Section 73 replaced (Accounts and statement of financial position to be available)
Replace section 73
73: Financial statements must be available
Every registered society or branch must keep available for inspection (without charge), by a member or person interested in its funds, at its office during ordinary office hours a copy of the last financial statements completed and signed in accordance with this Act or any other Act (if any), together with the auditor's report (if any) and a copy of the last actuarial report.
76: Cross-heading below section 118 replaced
Replace the cross-heading below section 118 Accounting records and financial reporting .
77: Section 120 amended (Financial year of credit union)
Repeal section 120(3)
78: Sections 121 to 125 replaced
Replace sections 121 to 125
121: Accounting records must be kept
Every credit union must comply with subpart 2 of Part 7
122: Financial reporting
Every credit union must comply with subpart 3 of Part 7
123: Obligation to appoint auditors
1: Every credit union must, in each financial year, appoint a qualified auditor to audit its financial statements for that year.
2: See sections 37 to 39 Financial Reporting Act 2013
124: General matters relating to auditors
For the purposes of this Part, the following provisions of this Act, as far as they are applicable and with the necessary modifications, apply in respect of credit unions as if they were societies registered under Part 2:
a: section 64B
b: sections 64D and 64E
c: section 65 (which relates to the reappointment and removal of auditors):
d: section 66 (which relates to notices of resolution affecting the appointment or removal of auditors):
e: section 67 (which relates to proceedings subsequent to a notice of intention to move a resolution):
f: section 69 (which relates to auditors' rights to attend and be heard at meetings).
79: Section 127 amended (Annual return)
1: Replace section 127(3)(b)
b: must contain a copy of the financial statements that are prepared in relation to the credit union for the financial year; and .
2: Replace section 127(4)
4: The annual return sent to the Registrar must be accompanied by the auditor's report on the financial statements referred to in subsection (3)(b)
80: Section 129 replaced (Annual return to be supplied to members)
Replace section 129
129: Annual return to be supplied to members
1: A credit union must, on the application of a member or person interested in its funds, supply to the member or person without charge a copy of the last annual return of the credit union.
2: A credit union must provide, together with every copy of an annual return supplied under subsection (1)
81: Section 131 repealed (Inspection of books and accounts of credit union)
Repeal section 131
82: Section 132 replaced (Accounts and statement of financial position to be available)
Replace section 132
132: Financial statements must be available
Every credit union must keep available for inspection (without charge), by a member or person interested in its funds, at its office during ordinary office hours a copy of the last financial statements completed and signed in accordance with the Financial Markets Conduct Act 2013 or any other Act, together with the auditor's report.
83: Section 146 amended (Registration of association)
In section 146(3)(e) sections 124 and section
84: Schedule 2 amended
In Schedule 2 the audit of the accounts at least once a year the audit (if any) of the financial statements
85: Schedule 3 amended
In Schedule 3 the audit of the accounts at least once a year the audit (if any) of the financial statements
86: Transitional provision for registered societies and branches
1: The Friendly Societies and Credit Unions Act 1982 sections 64 to 85
2: The Friendly Societies and Credit Unions Act 1982 Financial Reporting Act 2013
3: This section is subject to sections 55 56 Financial Reporting Act 1993
87: Transitional provision for credit unions
1: The Friendly Societies and Credit Unions Act 1982 sections 64 to 85
2: The Friendly Societies and Credit Unions Act 1982 Financial Reporting Act 2013
3: This section is subject to sections 55 56 Financial Reporting Act 1993 Amendments to Gambling Act 2003
88: Principal Act
Sections 89 90 Gambling Act 2003 principal Act OIC LI 2014/52 2014-04-01 Gambling Act 2003 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
89: Section 107 amended (Corporate society must provide annual report to Secretary)
Replace section 107(6)
6: In this section and section 108A auditor
a: in the case of a public entity under the Public Audit Act 2001, the Auditor-General; or
b: in any other case, a person who is a qualified auditor within the meaning of section 35 Financial Reporting Act 2013
90: Section 108 replaced (Contents of annual report)
Replace section 108
108: Contents of annual report
1: An annual report must include—
a: an itemised statement of the application or distribution of net proceeds from class 4 gambling for authorised purposes; and
b: financial statements prepared in accordance with generally accepted accounting practice.
2: In this section,— financial statements section 6 generally accepted accounting practice section 8
108A: Audit must be carried out in accordance with auditing and assurance standards
1: An auditor must, in carrying out an audit on the information contained in an annual report under section 107, comply with all applicable auditing and assurance standards.
2: The auditor's report on the information contained in the annual report must comply with the requirements of all applicable auditing and assurance standards.
3: This section does not apply to a corporate society that is a public entity under the Public Audit Act 2001.
4: In this section, applicable auditing and assurance standard section 5 Financial Reporting Act 2013
108B: Clubs that operate gambling equipment at non-commercial class 4 venues must make financial statements available to members
1: This section applies to a corporate society that is a club that operates gambling equipment at a non-commercial class 4 venue that—
a: it owns or leases; and
b: is mainly for the use of club members.
2: A corporate society to which this section applies must ensure that a copy of any financial statements referred to in section 108(1)(b)
3: A corporate society that contravenes subsection (2)
108C: Other corporate societies must make financial statements available on Internet
1: This section applies to a corporate society other than a corporate society to which section 108B
2: A corporate society to which this section applies must, not later than 4 months after the end of its financial year, ensure that a copy of any financial statements referred to in section 108(1)(b)
3: This section does not limit any other duty under this Act or regulations made under this Act to make available the annual report, the financial statements, or the auditor's report.
4: A corporate society that contravenes subsection (2)
91: Transitional provision
1: The Gambling Act 2003 sections 89 90
2: The Gambling Act 2003 Financial Reporting Act 2013 Amendments to Income Tax Act 2007
92: Principal Act
Sections 93 to 97 Income Tax Act 2007 principal Act OIC LI 2014/52 2014-04-01 Income Tax Act 2007 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
93: Section EX 21C amended (Applicable accounting standards for section EX 21E)
1: In section EX 21C(1) subsections (2) to (7) subsections (2) to (5) and section EZ 32F
2: Repeal section EX 21C(6)
3: In section EX 21C(9) subsections (2) to (7) subsections (2) to (5) and section EZ 32F
94: Section EX 21E amended (Non-attributing active CFC: test based on accounting standard)
1: In section EX 21E(10)(a)(i) generally accepted accounting practice former
2: In section EX 21E(10)(e) generally accepted accounting practice former
3: In section EX 21E(12)(f) generally accepted accounting practice former
4: In section EX 21E(12)(g) generally accepted accounting practice former
5: In section EX 21E former generally accepted accounting practice without IFRS
95: New section EZ 32F inserted (Applicable accounting standard for section EX 21E: former generally accepted accounting practice without IFRS)
After section EZ 32E
EZ 32F: Applicable accounting standard for section EX 21E: former generally accepted accounting practice without IFRS
When this section applies
1: This section applies when—
a: a person (the interest holder
b: section GB 15C (Arrangements related to accounting test for non-attributing active CFC) does not apply. Former generally accepted accounting practice without IFRS for CFC
2: The interest holder may use former generally accepted accounting practice without IFRS for the CFC and the accounting period if the interest holder or another person is a company resident in New Zealand that—
a: has no revenue under former Financial Reporting Standard 34 and former Financial Reporting Standard 35; and
b: is an issuer under section 4 of the former Financial Reporting Act in neither of the current and preceding accounting periods; and
c: is not required by section 19 of the former Financial Reporting Act to file its accounts with the Registrar of Companies; and
d: is not a large company under section 19A(1)(b) of the former Financial Reporting Act; and
e: does not have accounts that are prepared and audited under generally accepted accounting practice with IFRS; and
f: is not a subsidiary of a company having accounts that—
i: include the accounts of the subsidiary; and
ii: are prepared and audited, or required to be prepared, under generally accepted accounting practice with IFRS; and
g: has accounts that—
i: include the accounts of the CFC; and
ii: comply with former generally accepted accounting practice without IFRS; and
iii: meet the audit requirements of section EX 21C(8). Former generally accepted accounting practice without IFRS for CFC's test group
3: The interest holder may use former generally accepted accounting practice without IFRS for the CFC's test group under section EX 21D(1) (Non-attributing active CFC: default test) if the interest holder or another person is a company resident in New Zealand that—
a: has no revenue under former Financial Reporting Standard 34 and former Financial Reporting Standard 35; and
b: is an issuer under section 4 of the former Financial Reporting Act in neither of the current and preceding accounting periods; and
c: is not required by section 19 of the former Financial Reporting Act to file its accounts with the Registrar of Companies; and
d: is not a large company under section 19A(1)(b) of the former Financial Reporting Act; and
e: does not have accounts that are prepared and audited under generally accepted accounting practice with IFRS; and
f: is not a subsidiary of a company having accounts that—
i: include the accounts of the subsidiary; and
ii: are prepared and audited, or required to be prepared, under generally accepted accounting practice with IFRS; and
g: has accounts that—
i: include the accounts of the members of the CFC's test group; and
ii: comply with former generally accepted accounting practice without IFRS; and
iii: meet the audit requirements of section EX 21C(8). Terms relating to generally accepted accounting practice before repeal of Financial Reporting Act 1993
4: In this section and section EX 21E,— former Financial Reporting Act
a: as it was before being repealed under the Financial Reporting Act 2013; and
b: treated as if it applied to resident companies for the purposes of this section and section EX 21E former Financial Reporting Standard 34 former Financial Reporting Standard 35 former financial reporting standards without IFRS former generally accepted accounting practice without IFRS
a: as the practice was before the repeal of the Financial Reporting Act 1993 under the Financial Reporting Act 2013; and
b: for persons who under the former Financial Reporting Act are not required to use IFRS but are required to comply with the former financial reporting standards without IFRS generally accepted accounting practice with IFRS accounting period, CFC, company, former Financial Reporting Act, former Financial Reporting Standard 34, former Financial Reporting Standard 35, former financial reporting standards without IFRS, former generally accepted accounting practice without IFRS, generally accepted accounting practice, generally accepted accounting practice with IFRS, IFRS, non-attributing active CFC, resident in New Zealand .
96: Section FE 36B amended (Identifying members of New Zealand banking group: Crown-owned, no interest apportionment)
1: In section FE 36B(3) Financial Reporting Act 1993 Financial Reporting Act 2013
2: Replace section FE 36B(3)(a)
a: under the Financial Reporting Act 2013, or under section 55
b: would be a member of the group referred to in paragraph (a) but for the relevant materiality thresholds.
97: Section YA 1 amended (Definitions)
In section YA 1 former Financial Reporting Act former Financial Reporting Standard 34 former Financial Reporting Standard 35 former financial reporting standards without IFRS former generally accepted accounting practice without IFRS generally accepted accounting practice with IFRS . Amendments to Industrial and Provident Societies Act 1908
98: Principal Act
Sections 99 to 102 Industrial and Provident Societies Act 1908 principal Act OIC LI 2014/52 2014-04-01 Industrial and Provident Societies Act 1908 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
99: Section 8 amended (Duties and obligations of societies)
1: Repeal section 8(a)(iii)
2: Replace section 8(a)(iv)
iv: within 3 months of each balance date of the society, send to the Registrar an annual return that is in the form and contains all of the particulars that the Registrar may from time to time require together with a prescribed fee (if any): .
3: Replace section 8(a)(vi)
vi: supply without charge to every member or person interested in the funds of the society, on application, a copy of the last annual return of the society: .
4: In section 8
2: In subsection (1)(a)(iv) balance date section 41 Financial Reporting Act 2013
3: Subsection (1)(b) to (e) sections 8A to 8M
100: New sections 8A to 8M inserted
After section 8
8A: Accounting records must be kept
1: Every registered society must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the society; and
b: will enable the society to ensure that the financial statements of the society comply with generally accepted accounting practice (if the society is required to prepare those statements); and
c: will enable the financial statements of the society to be readily and properly audited (if those statements are required to be audited).
2: Every registered society must establish and maintain a satisfactory system of control of its accounting records.
3: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English.
8B: Non-application of provisions if alternative financial reporting duties under financial markets legislation
Sections 8D and 8E subpart 3 of Part 7 section 55 Financial Reporting Act 2013
8C: Interpretation for financial reporting provisions
1: In sections 8A to 8M accounting period applicable auditing and assurance standard applicable financial reporting standard section 5 Financial Reporting Act 2013
2: In sections 8A to 8M balance date section 41 Financial Reporting Act 2013 financial statements section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 large registered society section 45 Financial Reporting Act 2013 qualified auditor section 35 Financial Reporting Act 2013
8D: Financial statements must be prepared
1: This section applies to—
a: every large registered society; and
b: every other registered society unless the society has opted out of compliance with this section in accordance with section 8K
2: Every registered society to which this section applies must ensure that, within 4 months after the balance date of the society, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the society and that balance date; and
b: dated and signed on behalf of the society by 2 members of the committee of the society.
8E: Financial statements must be audited
1: This section applies to every registered society unless the society has opted out of compliance with this section in accordance with section 8K or 8L
2: Every registered society to which this section applies must ensure that the financial statements of the society prepared under section 8D
3: See sections 37 to 39 Financial Reporting Act 2013
8F: Audit must be carried out in accordance with auditing and assurance standards
1: An auditor must, in carrying out an audit for the purposes of section 8E, comply with all applicable auditing and assurance standards.
2: The auditor's report must comply with the requirements of all applicable auditing and assurance standards.
8G: Financial statements must be sent to members
1: Every registered society that is required to prepare financial statements under section 8D
2: If the financial statements are required to be audited, the statements sent under subsection (1)
8H: Registration of financial statements
1: A large registered society that is required to prepare financial statements under section 8D
2: The registered society must, when the financial statements are registered, pay to the Registrar the prescribed registration fee (if any).
8I: Inspection of registered financial statements
Any person may, on payment of the prescribed fee (if any), inspect the copies of any financial statements and auditor's report on those statements delivered to the Registrar under section 8H
8J: Financial reporting offences
1: Subsection (2)
a: a registered society fails to comply with section 8A, 8E, 8G, or 8H
b: a registered society is required to comply with section 8D
i: are not completed and signed within the time specified in that section; or
ii: fail to comply with an applicable financial reporting standard.
2: The registered society and every member of the committee of the society commit an offence and are liable on conviction to a fine not exceeding $50,000.
3: It is a defence to a member of the committee of a society charged with an offence under this section in respect of a requirement referred to in subsection (1)
a: the society took all reasonable and proper steps to ensure that the requirement would be complied with; or
b: the member took all reasonable steps to ensure that the requirement would be complied with; or
c: in the circumstances, the member could not reasonably have been expected to take steps to ensure that the requirement would be complied with.
8K: Societies (other than large societies) may opt out of preparation and audit requirements
1: This section applies to a registered society other than—
a: a large registered society; or
b: a society whose rules expressly provide that this section does not apply.
2: The members of a registered society may, at a meeting held within 6 months from the start of an accounting period, opt out of compliance with either or both of the following provisions in relation to that accounting period by way of a resolution passed under section 8M
a: section 8D
b: section 8E
8L: Large societies may opt out of audit requirements
1: This section applies to a large registered society other than a society whose rules expressly provide that this section does not apply.
2: The members of a registered society may, at a meeting held within 6 months from the start of an accounting period, opt out of compliance with section 8E section 8M
8M: Resolution to opt out
1: For the purposes of sections 8K and 8L
2: Notice of the meeting, specifying the intention to propose the resolution, must be duly given in accordance with the rules of the society.
3: If the members opt out of compliance with a provision in relation to an accounting period under section 8K or 8L
101: Section 16 amended (Penalties)
1: In section 16(a) any statement of financial position of a registered society, or
2: In section 16
2: Subsection (1) sections 8A to 8M
102: Section 19 amended (Appointment of auditors)
1: In section 19(1) an auditor or auditors a qualified auditor
2: In section 19(1A) appoint an auditor appoint a qualified auditor
3: Repeal section 19(2) to (3)
103: Transitional provision
1: The Industrial and Provident Societies Act 1908 sections 99 to 102
2: The Industrial and Provident Societies Act 1908 Financial Reporting Act 2013
3: This section is subject to sections 55 56 Amendments to Limited Partnerships Act 2008
104: Principal Act
Sections 105 to 107 Limited Partnerships Act 2008 principal Act OIC 2014/52 2014-04-01 Limited Partnerships Act 2008 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
105: Section 10 amended (Contents of partnership agreement)
Repeal section 10(f)
106: Section 74 amended (Records of limited partnership)
In section 74(1)(f) section 75 (if any)
107: Section 75 replaced (Obligation to prepare financial statements)
Replace section 75 Financial reporting
75: Financial statements must be prepared
1: The general partners of a large limited partnership, or of a limited partnership that has opted into compliance with this section under section 75F
a: completed in relation to the limited partnership and that balance date; and
b: dated and signed on behalf of the general partners by 2 general partners of the limited partnership, or, if the limited partnership has only 1 general partner, by that general partner.
2: In sections 75A to 75G accounting period applicable auditing and assurance standard applicable financial reporting standard section 5 Financial Reporting Act 2013
3: In this section and sections 75A to 75G balance date section 41 Financial Reporting Act 2013 financial statements section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 large limited partnership
a: means a limited partnership that is large under section 45 of the Financial Reporting Act 2013; and
b: includes a limited partnership that is a public entity public entity qualified auditor section 35 Financial Reporting Act 2013
75A: Financial statements must be audited
1: The general partners of a large limited partnership, or of a limited partnership that has opted into compliance with this section under section 75F
2: This section does not apply to a large limited partnership if the limited partnership opts out of this section under section 75G
3: See sections 37 to 39 Financial Reporting Act 2013
75B: Audit must be carried out in accordance with auditing and assurance standards
1: An auditor must, in carrying out an audit for the purposes of section 75A, comply with all applicable auditing and assurance standards.
2: The auditor's report must comply with the requirements of all applicable auditing and assurance standards.
3: This section does not apply to a limited partnership that is a public entity.
75C: Distribution of financial statements
The general partners of a large limited partnership, or of a limited partnership that has opted into compliance with this section under section 75F
75D: Financial reporting offences
1: Subsection (2) applies if—
a: financial statements in relation to a large limited partnership, or a limited partnership that has opted into compliance with section 75
b: the financial statements of a limited partnership referred to in paragraph (a)
c: the financial statements of a large limited partnership, or of a limited partnership that has opted into compliance with section 75A
d: a copy of the financial statements of a large limited partnership, or of a limited partnership that has opted into compliance with section 75C
2: Every general partner of the limited partnership commits an offence and is liable on conviction to a fine not exceeding $50,000.
3: It is a defence to a general partner of a partnership charged with an offence under this section in respect of a requirement referred to in subsection (1) if the partner proves that—
a: the general partners took all reasonable and proper steps to ensure that the requirement would be complied with; or
b: the general partner took all reasonable steps to ensure that the requirement would be complied with; or
c: in the circumstances, the general partner could not reasonably have been expected to take steps to ensure that the requirement would be complied with.
75E: Non-application of provisions if alternative financial reporting duties under financial markets legislation
Sections 75 to 75D subpart 3 of Part 7 section 55 Financial Reporting Act 2013
75F: Limited partnership may opt in
1: A partner of a limited partnership who has, or the partners of a limited partnership who together have, contributed at least 5% of the capital contributions of all the partners may, by written notice given to the limited partnership within 6 months after the start of an accounting period, require the limited partnership to comply with 1 or more of the following provisions in relation to the accounting period:
a: section 75
b: section 75A
c: section 75C
2: If a notice is given under subsection (1)
75G: Large limited partnerships may opt out of audit requirement
1: This section applies to a large limited partnership unless—
a: the partnership agreement for the limited partnership expressly provides that this section does not apply; or
b: the limited partnership is a public entity.
2: The limited partnership may, within 6 months from the start of an accounting period, opt out of compliance with section 75A
3: If the limited partnership opts out of compliance with section 75A Annual return .
108: Transitional provision
1: The Limited Partnerships Act 2008 sections 105 to 107
2: The Limited Partnerships Act 2008 Financial Reporting Act 2013
3: This section is subject to sections 55 56 Financial Reporting Act 1993 Amendments to Partnership Act 1908
109: Principal Act
Section 110 Partnership Act 1908 principal Act OIC LI 2014/52 2014-04-01 Partnership Act 1908 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
110: New sections 34A to 34H and cross-heading inserted
After section 34 Financial reporting
34A: Non-application of provisions if alternative financial reporting duties under financial markets legislation
Sections 34C to 34H subpart 3 of Part 7 section 55 Financial Reporting Act 2013
34B: Accounting records
1: The partners of a large partnership must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the partnership; and
b: will enable the partnership to ensure that the financial statements of the partnership comply with generally accepted accounting practice; and
c: will enable the financial statements of the partnership to be readily and properly audited (if those statements are required to be audited).
2: The partners of a large partnership must establish and maintain a satisfactory system of control of its accounting records.
3: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English.
34C: Financial statements must be prepared
The partners of a large partnership must ensure that, within 5 months after the balance date of the partnership, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the partnership and that balance date; and
b: dated and signed on behalf of the partners by 2 partners.
34D: Interpretation for purposes of financial reporting provisions
1: In sections 34A to 34H accounting period applicable auditing and assurance standard applicable financial reporting standard section 5 Financial Reporting Act 2013
2: In sections 34A to 34H balance date section 41 Financial Reporting Act 2013 financial statements section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 large partnership section 45 Financial Reporting Act 2013 qualified auditor section 35 Financial Reporting Act 2013
34E: Financial statements must be audited
1: The partners of a large partnership must ensure that the financial statements of the partnership are audited by a qualified auditor.
2: This section does not apply to a partnership if the partnership opts out of this section under section 34H
3: See sections 37 to 39 Financial Reporting Act 2013
34F: Audit must be carried out in accordance with auditing and assurance standards
1: An auditor must, in carrying out an audit for the purposes of section 34E
2: The auditor's report must comply with the requirements of all applicable auditing and assurance standards.
34G: Financial reporting offences
1: Subsection (2)
a: the partners of a partnership fail to comply with section 34B
b: the partners of a partnership are required to comply with section 34C
i: are not completed and signed within the time specified in that section; or
ii: fail to comply with an applicable financial reporting standard; or
c: the partners of a partnership fail to comply with section 34E
2: Every partner of the partnership commits an offence and is liable on conviction to a fine not exceeding $50,000.
3: It is a defence to a partner charged with an offence under this section in respect of a requirement referred to in subsection (1)
a: the partnership took all reasonable and proper steps to ensure that the requirement would be complied with; or
b: the partner took all reasonable steps to ensure that the requirement would be complied with; or
c: in the circumstances, the partner could not reasonably have been expected to take steps to ensure that the requirement would be complied with.
34H: Partnerships may opt out of audit requirement
1: This section applies to a partnership unless the partnership agreement for the partnership expressly provides that this section does not apply.
2: The partnership may, within 6 months from the start of an accounting period, opt out of compliance with section 34E
3: If the partnership opts out of compliance with section 34E
111: Transitional provision
1: The Partnership Act 1908 section 110
2: The Partnership Act 1908 Financial Reporting Act 2013
3: This section is subject to sections 55 56 Financial Reporting Act 1993 Amendments to Retirement Villages Act 2003
112: Principal Act
Sections 113 to 116 Retirement Villages Act 2003 principal Act OIC LI 2014/52 2014-04-01 Retirement Villages Act 2003 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
113: Section 5 amended (Interpretation)
In section 5 accounting period section 5 Financial Reporting Act 2013 applicable auditing and assurance standard section 5 Financial Reporting Act 2013 applicable financial reporting standard section 5 Financial Reporting Act 2013 balance date section 41 Financial Reporting Act 2013 financial statements section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 qualified auditor section 35 Financial Reporting Act 2013 .
114: Section 13 amended (Annual return)
1: Replace section 13(3)(b)
b: a copy of the audited financial statements prepared by the operator under section 35B section 35F
ba: a copy of the audited financial statements prepared by the operator under section 35C .
2: Replace section 13(3)(c)(i)
i: the operator has supplied to the supervisor a copy of the financial statements of the operator and, if section 35C .
115: New sections 35A to 35G inserted
After section 35 Financial reporting
35A: Accounting records
1: An operator of a retirement village must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the operator; and
b: will enable the operator to ensure that the financial statements of the operator and of the retirement village comply with generally accepted accounting practice (if the operator is required to prepare such statements under this Act or any other enactment); and
c: will enable the financial statements of the operator and of the retirement village to be readily and properly audited.
2: The operator of a retirement village must establish and maintain a satisfactory system of control of its accounting records.
3: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English.
35B: Financial statements must be prepared
1: An operator of a retirement village must ensure that, within 5 months after the balance date of the operator, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the operator and that balance date; and
b: dated and signed on behalf of the operator by 2 directors, trustees, or office holders of the operator.
2: Subsection (1)
35C: Financial statements for retirement villages
1: This section applies if—
a: the financial statements of an operator of a retirement village include the activities of—
i: more than 1 retirement village; or
ii: another trading activity that operates independently of the retirement village; and
b: either the statutory supervisor of the retirement village, or, if the operator is exempted under section 41 from appointing a statutory supervisor, the Registrar, as a condition of that exemption, requires the operator to comply with this section.
2: The operator of a retirement village must ensure that, within 5 months after the balance date of the operator, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the village and that balance date; and
b: dated and signed on behalf of the operator by 2 directors, trustees, or office holders of the operator.
3: The operator of a retirement village must lodge a copy of the financial statements of the operator and each village, within 5 months after the balance date of the operator,—
a: with the statutory supervisor of the retirement village (if there is one); or
b: if the operator is exempted from appointing a statutory supervisor, with the person the Registrar appoints under a condition of that exemption (if any).
35D: Financial statements must be audited
1: The operator of a retirement village must ensure that the financial statements prepared under sections 35B and 35C
2: See sections 37 to 39 Financial Reporting Act 2013
35E: Audit must be carried out in accordance with auditing and assurance standards
1: An auditor must, in carrying out an audit for the purposes of section 35D
2: The auditor's report must comply with the requirements of all applicable auditing and assurance standards.
35F: Non-application of section 35B if alternative financial reporting duties under financial markets legislation
Section 35B subpart 3 of Part 7 section 55 Financial Reporting Act 2013
35G: Financial reporting offences
An operator of a retirement village commits an offence and is liable on conviction to a fine not exceeding $50,000 if—
a: financial statements required to be prepared by the operator under section 35B or 35C
b: financial statements required to be prepared by the operator under section 35B or 35C
c: the operator fails to comply with section 35A, 35C(3), or 35D
116: Section 97 amended (Registrar's powers of inspection)
In section 97(1)(a)(i) or the Financial Reporting Act 1993
117: Transitional provision
1: The Retirement Villages Act 2003 sections 113 to 116
2: The Retirement Villages Act 2003 Financial Reporting Act 1993 Financial Reporting Act 2013
3: If, immediately before the commencement of this section, an operator is, in accordance with section 9A(4)(b) section 9A(5)
a: the operator must be treated as being required to comply with section 35C
b: the requirement in paragraph (a) may be removed by the statutory supervisor or the Registrar (as the case may be).
4: This section is subject to section 56 Amendments to Te Ture Whenua Maori Act 1993
118: Principal Act
Sections 119 to 123 Te Ture Whenua Maori Act 1993 principal Act OIC LI 2014/52 2014-04-01 Te Ture Whenua Maori Act 1993 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
119: Section 4 amended (Interpretation)
In section 4 applicable auditing and assurance standard section 5 Financial Reporting Act 2013 applicable financial reporting standard section 5 Financial Reporting Act 2013 financial statements section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 non-GAAP standard section 5 Financial Reporting Act 2013 specified not-for-profit entity section 46 Financial Reporting Act 2013 .
120: Section 276 replaced (Accounts and statement of financial position)
Replace section 276
276: Accounting records to be kept
1: Every Maori incorporation must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the incorporation; and
b: will enable the incorporation to ensure that the financial statements of the incorporation comply with this Act; and
c: will enable the financial statements of the incorporation to be readily and properly audited.
2: Every Maori incorporation must establish and maintain a satisfactory system of control of its accounting records.
276A: Financial statements must be prepared
1: The committee of management of every Maori incorporation must, within 18 months after the making of the order of incorporation, and subsequently at least once in every calendar year, submit to a general meeting of shareholders financial statements for a period ending on a date not earlier than 6 months before the meeting.
2: The financial statements must be prepared in accordance with,—
a: in the case of a specified not-for-profit entity, generally accepted accounting practice; or
b: in any other case, either generally accepted accounting practice or a non-GAAP standard that applies for the purposes of this section.
3: The financial statements must be accompanied by—
a: the auditor's report made under section 277 (if any); and
b: a report by the committee of management in respect of the state of the incorporation's affairs and the amount, if any, that the committee has determined is available for the purposes of section 259(1)(c); and
c: in respect of the assets of the incorporation, a statement setting out the estimated current market value of the assets, together with a statement of the liabilities, if any, of the body corporate charged on or relating particularly to those assets (unless this information is already included in the financial statements).
4: If the assets of the incorporation include any interest in land, the current market value of that interest for the purposes of subsection (3)(c)
276B: Financial statements must be filed
1: The committee of management of a Maori incorporation must ensure that copies of the financial statements and other documents referred to in section 276A
2: Copies filed under this section must be available for inspection by the public during the office hours of the court on payment of the fee (if any) prescribed for that purpose.
121: Section 277 amended (Appointment and duties of auditor)
1: Replace section 277(1A)
1A: This section does not apply to a Maori incorporation that is not a specified not-for-profit entity unless the shareholders of the Maori incorporation resolve by special resolution that the financial statements of the Maori incorporation should be audited or reviewed under this section.
2: Replace section 277(4) to (6)
4: No person may be appointed as auditor of a Maori incorporation unless that person is a qualified auditor (within the meaning of section 35 Financial Reporting Act 2013
5: See sections 37 to 39 Financial Reporting Act 2013
6: The auditor must—
a: audit the financial statements that are to be submitted to the shareholders in a general meeting during the auditor's tenure of office; and
b: in carrying out the audit, comply with all applicable auditing and assurance standards.
6A: If a Maori incorporation referred to in subsection (1A) subsection (6)
6B: The auditor's report on the financial statements must—
a: comply with the requirements of all applicable auditing and assurance standards; and
b: state whether or not, in the auditor's opinion, according to the best of the auditor's information and the explanations given to the auditor, and as shown by the accounting records of the incorporation, any statement required by section 276A(3)(c)
c: state whether or not the share register and index of shareholders required by section 263 to be kept by the incorporation have been duly and correctly kept.
3: Repeal section 277(8)
122: Section 281 amended (Power of court to require officers to attend to explain non-compliance with statutory requirements)
Replace section 281(1)(b) to (d)
b: failure to keep accounting records as required by section 276
c: failure to submit to a general meeting of shareholders financial statements and such other statements and reports as are required by section 276A
d: failure to file in the court the financial statements and other documents as required by section 276B .
123: Section 282 amended (Winding up of incorporation)
Replace section 282(1)(c)
c: if default has been made in the submission to a general meeting of shareholders, or in the filing in the court, of the financial statements and other documents required by sections 276A and 276B .
124: Transitional provision
1: Te Ture Whenua Maori Act 1993 sections 119 to 123
2: Te Ture Whenua Maori Act 1993 Financial Reporting Act 2013 Amendments to other Acts
125: Amendments to other Acts
Amend the enactments specified in Schedule 1 OIC LI 2014/52 2014-04-01 Agricultural and Pastoral Societies Act 1908 Armed Forces Canteens Act 1948 Building Research Levy Act 1969 Burial and Cremation Act 1964 Cadastral Survey Act 2002 Community Trusts Act 1999 Engineering Associates Act 1961 Maori Community Development Act 1962 Maori Purposes Fund Act 1934–35 New Zealand Council for Educational Research Act 1972 New Zealand Horticulture Export Authority Act 1987 New Zealand Maori Arts and Crafts Institute Act 1963 Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Act 1945 Pacific Islands Polynesian Education Foundation Act 1972 Patriotic and Canteen Funds Act 1947 Reserves Act 1977 Reserves and Other Lands Disposal Act 1995 Taranaki Scholarships Trust Board Act 1957 Taratahi Agricultural Training Centre (Wairarapa) Act 1969 War Pensions Act 1954 Winston Churchill Memorial Trust Act 1965 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
126: Consequential amendments to other Acts
Amend the enactments specified in Schedule 2 OIC LI 2014/52 2014-04-01 Auditor Regulation Act 2011 Biosecurity Act 1993 Broadcasting Act 1989 Chartered Professional Engineers of New Zealand Act 2002 Climate Change Response Act 2002 Commerce Act 1986 Commodity Levies Act 1990 Companies Act 1993 Co-operative Companies Act 1996 Corporations (Investigation and Management) Act 1989 Crown Entities Act 2004 Crown Minerals Act 1991 Crown Research Institutes Act 1992 Electoral Act 1993 Electricity Industry Act 2010 Energy Companies Act 1992 Farmers' Mutual Group Act 2007 Finance Act (No 2) 1990 Financial Markets Authority Act 2011 Gas Act 1992 Government Superannuation Fund Act 1956 Housing Corporation Act 1974 Income Tax Act 2007 Incorporated Societies Act 1908 Industry Training Act 1992 Insurance (Prudential Supervision) Act 2010 Lawyers and Conveyancers Act 2006 Local Government Act 2002 Maori Fisheries Act 2004 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Maori Trust Boards Act 1955 Marine and Coastal Area (Takutai Moana) Act 2011 Masterton District Council (Montfort Trimble Foundation) Act 2003 Masterton Trust Lands Act 2003 Meat Board Act 2004 New Zealand Superannuation and Retirement Income Act 2001 Nurse Maude Association Act 2000 Plumbers, Gasfitters, and Drainlayers Act 2006 Pork Industry Board Act 1997 Port Companies Act 1988 Property Law Act 2007 Public Audit Act 2001 Public Finance Act 1989 Real Estate Agents Act 2008 Receiverships Act 1993 Registered Architects Act 2005 Reserve Bank of New Zealand Act 1989 Riccarton Bush Act 1914 Royal Society of New Zealand Act 1997 Sale and Supply of Alcohol Act 2012 Selwyn Plantation Board Empowering Act 1992 State-Owned Enterprises Act 1986 Summary Proceedings Act 1957 Telecommunications Act 2001 Trustee Companies Management Act 1975 Unit Titles Act 2010 Wool Industry Restructuring Act 2003 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52.
127: Transitional provision in relation to amendments
1: The amendments made by sections 125 126
2: The enactments specified in Schedules 1 2
3: In this section, accounting period section 5(1) Financial Reporting Act 2013
4: Subsections (1) and (2) do not apply to the amendments to the Income Tax Act 2007 Schedule 2
128: Amendments to Auditor Regulation Act 2011 consequential on changes to issuer audits
1: In the provisions of the Auditor Regulation Act 2011 Part 1 issuers FMC reporting entities
2: In the provisions of the Auditor Regulation Act 2011 Part 2 issuer audit FMC audit
3: In the provisions of the Auditor Regulation Act 2011 Part 3 issuer audits FMC audits OIC LI 2014/52 2014-04-01 Auditor Regulation Act 2011 If not brought into force earlier by OIC re section 2(1), then the rest of this Act comes into force on 1 April 2017 re section 2(2). Brought into force on 1 April 2014 by LI 2014/52. |
DLM5189082 | 2013 | Evidence Amendment Act 2013 | 1: Title
This Act is the Evidence Amendment Act 2013.
2: Commencement
This Act comes into force on 1 July 2013.
3: Principal Act
This Act amends the Evidence Act 2006 principal Act 2013-07-01 Evidence Act 2006
4: Section 112 amended (Witness anonymity order for purpose of High Court trial)
Replace section 112(1) and (2) section 5
1: This section and section 113 apply if a person is charged with a category 3 or 4 offence.
2: The prosecution or the defendant may apply to a High Court Judge for a witness anonymity order under this section.
5: Section 114 amended (Trial to be held in High Court if witness anonymity order made)
1: Replace section 114(1) section 5
1: In any case where a witness who may be called to give evidence in a criminal trial is the subject of a witness anonymity order made under section 112, the trial must be held in the High Court.
2: Repeal section 114(2) |
DLM4301600 | 2013 | Prohibition of Gang Insignia in Government Premises Act 2013 | 1: Title
This Act is the Prohibition of Gang Insignia in Government Premises Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1: General provisions
3: Purpose
The purpose of this Act is to prohibit the display of gang insignia on premises of departments of the public service Section 3 amended 7 August 2020 section 135 Public Service Act 2020
4: Interpretation
In this Act, unless the context otherwise requires,— Crown entity section 7 department public service agency as defined in section 5 gang
a: that is known by a name that is the same as, or substantially similar to, any of the following:
i: Aotearoa Natives:
ii: Bandidos MC:
iii: Black Power:
iv: Devils Henchmen MC:
v: Epitaph Riders:
vi: Filthy Few MC:
vii: Forty-Five MC:
viii: Greasy Dogs MC:
ix: Head Hunters MC:
x: Hells Angels MC:
xi: Highway 61 MC:
xii: Hu-Hu MC:
xiii: Killerbeez:
xiv: King Cobras:
xv: Lone Legion MC:
xvi: Lost Breed MC:
xvii: Magogs MC:
xviii: Mongrel Mob:
xix: Mangu Kaha:
xx: Mothers MC:
xxi: Nomads:
xxii: Outcasts MC:
xxiii: Outlaws MC:
xxiv: Rebels MC:
xxv: Red Devils MC:
xxvi: Road Knights MC:
xxvii: Satans Slaves MC:
xxviii: Sinn Fein MC (not being a branch, or an associated organisation, of the political party known by a similar name):
xxix: Southern Vikings MC:
xxx: Storm Troopers:
xxxi: Taupiri MC:
xxxii: Tribal Huk:
xxxiii: Tribesmen MC:
xxxiv: Tyrants MC; or
b: identified in regulations made under section 5 gang insignia
a: means a sign, symbol, or representation commonly displayed to denote membership of, an affiliation with, or support for a gang, not being a tattoo; and
b: includes any item of clothing to which a sign, symbol, or representation referred to in paragraph (a) is attached Government premises
a: means the whole or part of any structure (including any associated grounds) that is owned by, or is under the control of,—
i: the Crown, acting through a department, the Police, or a Crown entity; or
ii: a local authority; and
b: includes the buildings and grounds of any school; and
c: includes the grounds of—
i: Health New Zealand; and
ii: any public swimming pool or aquatic centre that is owned by, or is under the control of, a local authority; but
d: excludes any residential dwelling that is owned by, or is under the control of, Kāinga Ora–Homes and Communities Health New Zealand section 4 integrated school section 10(1) local authority section 5(1) Police section 4 school
a: a State school:
b: an integrated school:
c: any other school in respect of which the Crown pays, or authorises the payment of, either or both—
i: grants:
ii: teachers' salaries:
d: a licensed early childhood education and care centre within the meaning of section 10(1)
e: a playgroup within the meaning of section 10(1) State school section 10(1) structure Section 4 department amended 7 August 2020 section 135 Public Service Act 2020 Section 4 district health board repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 Government premises replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 Government premises amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 4 Health New Zealand inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 integrated school replaced 1 August 2020 section 668 Education and Training Act 2020 Section 4 school amended 1 August 2020 section 668 Education and Training Act 2020 Section 4 school amended 1 August 2020 section 668 Education and Training Act 2020 Section 4 State school amended 1 August 2020 section 668 Education and Training Act 2020
5: Regulations
1: The Governor-General may, on the recommendation of the Minister of Police, by Order in Council, make regulations for the purpose of identifying an organisation, association, or group of persons as a gang for the purposes of this Act.
2: The Minister of Police may not make a recommendation under subsection (1) unless he or she is satisfied on reasonable grounds that the organisation, association, or group proposed to be identified has the following characteristics:
a: a common name or common identifying signs, symbols, or representations; and
b: its members, associates, or supporters individually or collectively promote, encourage, or engage in criminal activity.
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 5(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
Part 2: Offences and enforcement
6: Prohibition of display of gang insignia
1: No person may display gang insignia at any time in Government premises.
2: Every person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.
3: Without limitation, and to avoid doubt, a Judge may apply section 128 2009 No 1 (L) s 12
7: Powers of arrest and seizure in relation to persons displaying gang insignia
1: A constable may, without warrant,—
a: arrest a person who the constable has good cause to suspect has committed an offence against section 6(2)
b: seize and remove gang insignia (by the use of force if necessary) that has been or is being displayed in Government premises.
2: Gang insignia seized under subsection (1)(b) are forfeited to the Crown if the person from whom the gang insignia is taken pleads guilty to, or is convicted of, an offence against section 6(2)
3: If gang insignia are forfeited to the Crown under subsection (2), the gang insignia may be destroyed or otherwise disposed of as the court, either at the time of the conviction for the offence under section 6(2) 2009 No 1 (L) s 13
8: Power to stop vehicle to exercise powers of arrest or seizure
1: A constable may stop a vehicle without a warrant to exercise either or both of the powers in section 7(1)
2: A constable who stops a vehicle under subsection (1) must—
a: be wearing a uniform or distinctive cap, hat, or helmet with a badge of authority affixed to that cap, hat, or helmet; or
b: be following immediately behind the vehicle in a motor vehicle displaying flashing blue lights, or flashing blue and red lights, and sounding a siren.
3: A constable exercising the stopping power conferred by subsection (1) must, immediately after the vehicle has stopped,—
a: identify himself or herself to the driver of the vehicle; and
b: tell the driver that the stopping power is being exercised under this section for the purpose of exercising powers under section 7(1)
c: if not in uniform and if so required, produce evidence that he or she is a constable.
4: Without limiting section 7(1)
a: search the vehicle to locate a person referred to in subsection (1):
b: search the vehicle to locate gang insignia that the constable may seize under section 7(1)(b)
c: require any person in or on the vehicle to state his or her name, address, and date of birth, or any of those particulars that the constable may specify:
d: require the vehicle to remain stopped for as long as is reasonably necessary to exercise the powers—
i: in paragraphs (a), (b), and (c); and
ii: in section 7(1)
5: Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, without reasonable excuse,—
a: fails to stop as soon as practicable when required to do so by a constable exercising the power conferred by this section; or
b: fails to comply with a requirement of a constable under subsection (4)(c) or (d) 2009 No 1 (L) s 14
9: Filing charging document for offence
Only a constable may file a charging document for an offence against this Act. 2009 No 1 (L) s 15 |
DLM5788202 | 2013 | Secondhand Dealers and Pawnbrokers Amendment Act 2013 | 1: Title
This Act is the Secondhand Dealers and Pawnbrokers 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 amended
This Act amends the Secondhand Dealers and Pawnbrokers Act 2004 2013-12-18 Secondhand Dealers and Pawnbrokers Act 2004
4: Interpretation
Paragraph (a) of the definition of secondhand dealer section 4
a: who buys (other than for personal use or enjoyment or as a gift), sells, exchanges, or otherwise deals in secondhand articles or scrap metal; and .
5: Secondhand dealers engaged in business to be licensed
Section 6
3: For the purposes of this Act, a person is presumed (in the absence of evidence to the contrary) to be engaged in business as a secondhand dealer if the person—
a: on 6 or more different days within a 12-month period—
i: buys secondhand articles or scrap metal for purposes other than personal use or enjoyment or as a gift; or
ii: sells or exchanges secondhand articles or scrap metal that was acquired by the person for purposes other than personal use or enjoyment or as a gift; or
b: within a 12-month period, obtains revenue of more than $2,000 from the sale of secondhand articles or scrap metal that was acquired by the person for purposes other than personal use or enjoyment or as a gift. |
DLM5165800 | 2013 | Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 | 1: Title
This Act is the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013.
2: Commencement
1: This Act comes into force on the date on which it receives the Royal assent, except as provided in this section.
2: Sections 152 154 155 157 158 159 160
3: Sections 153 156
4: Section 139
5: Sections 8 11 14 16 19 36 40 46 47 50(4) 60 62 68(2) 69 70 71 72 73 78 86 98(6), (18), (42), and (43) 102 113
6: Section 147(1)
7: Sections 34 99 100
8: Section 5
9: Sections 66 117
10: Section 61
11: Sections 23 29 31 32 51 98(9), (10), (40), and (44)
12: Sections 52 53 67
13: Sections 41(1) 42
14: Section 64
15: Section 58
16: Sections 39 41(2) and (3) 44 55 98(11), (13), and (14)
17: Sections 4 43 63 65 103
18: Section 149
19: Section 17
20: Sections 45 50(1), (2), (3), and (5)
21: Section 98(7)
22: Section 144
23: Sections 18 54 98(3), (23), (24), (32), (35), (36), (37), and (38) 101 120(2) and (3) 145
24: Sections 6 7 9 10 13 20 24 25 26 27 30 33 37 38 48 59 74 79 80 81 82 83 87 88 89 90 91 92 93 94 95 96 97 98(2), (4), (8), (12), (15), (20), (22), (25), (26), (31), (33), (45), and (46) 104 105 110 115 116 118 130(1), (3), (4), and (7) 131 132 133 134 147(3) 148 162
25: Sections 22 127(1)
26: Sections 21 76 77 84 85 112 114 121(1) 124 125 126 127(2) 130(2), (5), and (6) 136 137 138 140 141 142
27: Sections 108 109 163 164 Tax Administration Act 1994 Schedule
1: Amendments to Income Tax Act 2007
3: Income Tax Act 2007
Sections 4 to 105 Income Tax Act 2007 2013-07-17 Income Tax Act 2007 see s (2)(1) — (25). Also, take in compilations from s 172 and accompanying Schedule 2014-04-01 Income Tax Act 2007 see s (2)(1) — (26)
4: Section CB 26 amended (Disposal of certain shares by portfolio investment entities)
In section CB 26(1)(b)(ii) dividend. dividend; and
c: the entity attributes the proceeds from the disposal to investors who are not entitled to the benefit of the dividend.
5: Section CB 36 amended (Disposal of emissions units)
In section CB 36(4) for emissions
6: Section CC 1 amended (Land)
1: After section CC 1(2) Amounts derived from certain assets
2B: Despite subsections (1) and (2), an amount referred to in section CW 8B
2: Subsection (1) applies for the 2013–14 and later income years.
7: New sections CC 1B and CC 1C inserted
1: After section CC 1
CC 1B: Consideration for agreement to grant, renew, extend, or transfer leasehold estate or licence
When this section applies
1: This section applies when a person (the payee land right Exception for payment to holder by transferee
2: This section does not apply to an amount derived—
a: by the payee as the holder of a land right; and
b: as consideration for the transfer of the land right to the person paying the amount. Income
3: The amount is income of the payee. Exception for tenant or licensee of residential premises
4: The amount is not income if a payee is a natural person and derives the amount as a tenant or licensee of residential premises whose expenditure on the residential premises does not meet the requirements of the general permission. amount, general permission, income, land, leasehold estate, pay
2: After section CC 1B, insert:
CC 1C: Consideration for agreement to surrender leasehold estate or terminate licence
When this section applies
1: This section applies when a person (the payee land right
a: the person who owns the estate in land from which the land right is granted:
b: the person who owns the land right. Income
2: The amount is income of the payee. Exception for tenant or licensee of residential premises
3: The amount is not income if the payee is a natural person and derives the amount as a tenant or licensee of residential premises whose expenditure on the residential premises does not meet the requirements of the general permission. amount, general permission, income, land, leasehold estate, own
3: Subsection (1) applies to an amount that is derived on or after 1 April 2013 in relation to a lease or licence entered, renewed, extended, or transferred on or after that date.
4: Subsection (2) applies to an amount that is derived on or after 1 April 2013.
8: New section CD 29B inserted (Issues to shareholders of rights to subscribe for or sell back shares)
1: After section CD 29
CD 29B: Issues to shareholders of rights to subscribe for or sell back shares
Issue of rights to subscribe for shares
1: The issue by a company to a shareholder of a right to subscribe for a share, or to sell a share in the company to the company, is not a dividend. Issue of shares under rights to subscribe for shares
2: The issue by a company of a share to a person for consideration less than the market value, immediately before the issue, of a share in the same class of shares, is not a dividend if—
a: the person subscribes for the share under a right (a subscription right
b: the company does not, as part of the issue of the subscription right, give the person a right to dispose of the share to the company. Premiums from issue of rights to subscribe for shares
3: A distribution by a company to a shareholder is not a dividend if—
a: the company issues to the shareholder a right (the shareholder right shareholder price
b: the shareholder fails or is ineligible to exercise the shareholder right; and
c: another person pays to the company an amount—
i: for the shareholder right:
ii: greater than the shareholder price, for the issue of a share under the shareholder right; and
d: the distribution is from the amount of the payment that does not increase the company's available subscribed capital. available subscribed capital, bonus issue in lieu, company, consideration, dividend, pay, share, shareholder
2: Subsection (1) applies for the 2008–09 and later tax years.
9: Section CD 40 amended (Adjustment if dividend recovered by company)
In section CD 40(4) RM 6 RM 5
10: Section CD 41 amended (Adjustment if amount repaid later)
1: In section CD 41(5) RM 6 RM 5
2: In section CD 41(5) RM 6 RM 5
11: Section CR 4 amended (Income for general insurance outstanding claims reserve)
1: After section CR 4(1) When this section does not apply
1B: This section does not apply for contracts that section DZ 10 (General insurance with risk period straddling 1 July 1993) applies to.
2: Subsection (1) applies for the 2008–09 income year and later income years.
12: New section CV 18 inserted (Hedging of currency movements in Australian non-attributing shares and attributing FDR method interests)
Before the heading to subpart CW
CV 18: Hedging of currency movements in Australian non-attributing shares and attributing FDR method interests
The amount of income that a person has under section EM 6 amount, income
13: New section CW 8B inserted (Certain amounts derived from use of assets)
1: After section CW 8
CW 8B: Certain amounts derived from use of assets
When this section applies
1: This section applies when a person derives income from the use of an asset described in section DG 3 (Meaning of asset for this subpart). When person opts out of assets expenditure rules
2: Income that the person derives from the use of the asset is exempt income if—
a: they meet the requirements of section DG 21 (Opting out of treatment under this subpart); and
b: they choose under that section to treat the income as exempt income. Below-market use and use by associates
3: An amount of income that the person derives in relation to the private use of an asset as described in section DG 4(1) (Meaning of private use for this subpart) is exempt income. amount, asset, exempt income, income
2: Subsection (1) applies for the 2013–14 and later income years for an item of property referred to in section DG 3(2)(a)(i) section DG 3(2)(a)(ii) and (iii)
14: Section CW 16 amended (Allowance of Governor-General and other benefits and privileges)
After section CW 16(b) exempt income
15: Section CW 28 amended (Pensions)
1: In section CW 28(2)(a)(i) Part 1 of the
2: In section CW 28(2)(b) but not to the extent of the equivalent amount of New Zealand superannuation, veteran's pension, or income-tested benefit paid under section 70(3)(b) of that Act
3: In section CW 28 income-tested benefit
16: Section CW 31 replaced (Services for members of Parliament)
Replace section CW 31
CW 31: Services for members of Parliament
An amount is exempt income of a person to the extent to which it is income of the person and is not exempt income under another provision of subpart CW, if the amount is travel, accommodation, attendance, and communication services, as defined in section 20A(7) of the Civil List Act 1979, and—
a: the amount is—
i: referred to in section 20A of that Act:
ii: paid under section 25 of that Act; and
b: the amount is—
i: provided to a person to whom any of section 25(1)(b) to (e) of that Act applies:
ii: provided to a member of the family of a person described in subparagraph (i) amount, exempt income, income
17: Section CW 55BB amended (Minors' income, to limited extent)
1: Replace section CW 55BB(2)(a)(i)
i: a PAYE income payment from which the person's employer is required to withhold tax under the PAYE rules:
2: In section CW 55BB employer PAYE rules tax
3: Subsection (1) applies for the 2012–13 and later tax years.
18: New heading and section CW 65 inserted
After section CW 64 Restructuring under New Zealand Railways Corporation Restructuring Act 1990
CW 65: New Zealand Railways Corporation restructure: exempt income
Railways vesting and land-related payments
1: The following are exempt income of KiwiRail Holdings Limited and any company in which it directly or indirectly owns 100% of the shares ( wholly-owned subsidiary
a: an amount derived from the Railways vesting:
b: an amount derived by KiwiRail Holdings Limited or a wholly-owned subsidiary in relation to—
i: a disposal or grant of land, if that land is owned on 31 December 2012 by the Crown or New Zealand Railways Corporation:
ii: the termination or variation of a lease granted by the Crown or New Zealand Railways Corporation over land, if that land is owned on 31 December 2012 by the Crown or New Zealand Railways Corporation. Meaning of Railways vesting
2: In this section, Railways vesting amount, company, dispose, exempt income, land, lease, Railways vesting, share
19: Section CX 12 replaced (Services for members of Parliament)
Replace section CX 12
CX 12: Services for members of Parliament
When fringe benefit arises
1: A fringe benefit arises when travel, accommodation, attendance, and communications services are exempt income under section CW 31 Relationship with sections CX 5 and CX 28
2: This section overrides sections CX 5 and CX 28. exempt income, fringe benefit
20: Section CX 17 amended (Benefits provided to employees who are shareholders or investors)
1: Insert after section CX 17(5) Relationship with subpart DG
6: Section DG 2(4)
2: Subsection (1) applies for the 2013–14 and later income years for an item of property referred to in section DG 3(2)(a)(i) section DG 3(2)(a)(ii) and (iii)
21: Section CX 25 amended (Benefits provided by charitable organisations)
1: Replace section CX 25(2)
2: Subsection (1) does not apply, and the benefit provided is a fringe benefit, if a charitable organisation provides a benefit to an employee by way of short-term charge facilities and the value of the benefit from the short-term charge facilities for the employee in a tax year is more than the lesser for the tax year of—
a: 5% of the employee's salary or wages:
b: $1,200.
2: Replace section CX 25(3)(a) and (b)
a: enables an employee to obtain goods or services that have no connection with the employer or its operations by—
i: buying or hiring the goods or services:
ii: charging the cost of the goods or services to an account:
iii: providing consideration other than money for the goods or services; and
b: requires the employer to provide some or all of the payment or other consideration for the goods or services; and
3: In section CX 25 employer salary or wages tax year
22: New section CX 33B inserted (Benefits for members of Parliament)
After section CX 33
CX 33B: Benefits for members of Parliament
Reasonable estimates may be used to determine, for the purposes of the FBT rules, what benefit provided under the Civil List Act 1979 to a member of Parliament is a fringe benefit, or excluded from being a fringe benefit, or valued at zero. FBT rules, fringe benefit
23: New section DA 5 inserted (Treatment of expenditure for commercial fit-out)
1: After section DA 4
DA 5: Treatment of expenditure for commercial fit-out
When applying the capital limitation to expenditure, to the extent to which the expenditure relates to a building's item of commercial fit-out (the item commercial fit-out, expenditure, capital limitation
2: Subsection (1) applies for the 2011–12 and later income years.
24: Section DB 5 amended (Transaction costs: borrowing money for use as capital)
1: After section DB 5(1) Relationship with subpart DG
1B: Subpart DG
2: Subsection (1) applies for the 2013–14 and later income years.
25: Section DB 7 amended (Interest: most companies need no nexus with income)
1: After section DB 7(6) Relationship with subpart DG
6B: Subpart DG
2: Subsection (1) applies for the 2013–14 and later income years.
26: Section DB 8 amended (Interest: money borrowed to acquire shares in group companies)
1: After section DB 8(6) Relationship with subpart DG
6B: Subpart DG
2: Subsection (1) applies for the 2013–14 and later income years.
27: New sections DB 20B and DB 20C inserted
1: After section DB 20
DB 20B: Consideration for agreement to grant, renew, extend, or transfer leasehold estate or licence
When this section applies
1: This section applies when—
a: a person (the payer payee land right
b: the payer is the person who owns—
i: the land right:
ii: the estate in land from which the land right is granted; and
c: the payee is the person who is obtaining the land right. Deduction
2: The payer is allowed a deduction for the amount. Relationship with subpart DA
3: This section overrides the capital limitation. The general permission must still be satisfied and the other general limitations still apply. amount, capital limitation, deduction, depreciable intangible property, estate, general limitation, general permission, land, leasehold estate, own
2: After section DB 20B, insert:
DB 20C: Consideration for agreement to surrender leasehold estate or terminate licence
When this section applies
1: This section applies when—
a: a person (the payer payee land right
b: the payer is a person who owns the land right or a person who owns the estate in land from which the land right is granted; and
c: the payee is a person who owns the estate in land from which the land right is granted or a person who owns the land right. Deduction
2: The payer is allowed a deduction for the amount. Relationship with subpart DA
3: This section overrides the capital limitation. The general permission must still be satisfied and the other general limitations still apply. amount, capital limitation, deduction, estate, general limitation, general permission, land, leasehold estate, own
3: Subsection (1) applies to an amount that is incurred on or after 1 April 2013 in relation to a lease or licence entered, renewed, extended, or transferred on or after that date.
4: Subsection (2) applies to an amount that is incurred on or after 1 April 2013.
28: Section DB 54 amended (Treatment of credits for investment fees)
The heading for section DB 54 No deductions for fees relating to interests in multi-rate PIEs
29: Section DB 64 amended (Capital contributions)
1: Replace section DB 64(1)(b)
b: in the absence of this section, the person would be allowed a deduction for the relevant capital contribution property, or for the relevant expenditure for the capital contribution property; and
2: Replace section DB 64(2) Deductions
2: For the purposes of quantifying the amount of depreciation loss under subpart EE (Depreciation) in relation to the capital contribution property or the amount of deduction under subpart DO (Farming and aquacultural business expenditure) in relation to expenditure for the capital contribution property,—
a: the capital contribution property's adjusted tax value, base value, cost, or value, as applicable, is reduced by the amount of the capital contribution, under subpart EE:
b: the relevant expenditure for the capital contribution property is reduced by the amount of the capital contribution, under subpart DO.
3: In section DB 64 capital contribution property expenditure
4: Subsections (1) to (3) apply for the 2011–12 and later income years.
30: New subpart DG inserted (Expenditure related to use of certain assets)
1: After section DF 5
DG: Expenditure related to use of certain assets
Introductory provisions
DG 1: What this subpart does
This subpart sets out the rules for the deductibility and apportionment of expenditure incurred for an income year in relation to an asset when the asset is used partly for income-earning purposes and partly for private purposes, and for a time during the income year, the asset is not in use. asset, deduction, income, income year
DG 2: Application of this subpart
Asset by asset
1: The rules in this subpart apply on an asset by asset basis. Relationship with sections DB 5, DB 7, and DB 8
2: The rules in this subpart override sections DB 5, DB 7, and DB 8 (which relate to deductions for financing expenditure) in relation to expenditure that this subpart applies to. Relationship with subpart DD
3: Subpart DD (Entertainment expenditure) does not apply to expenditure incurred in relation to the private use of an asset to which this subpart applies. Relationship with FBT rules and dividend rules
4: No liability to pay fringe benefit tax arises from the private use of an asset to which this subpart applies. In circumstances where section CX 17 (Benefits provided to employees who are shareholders or investors) applies to a company to which this subpart also applies, the company must choose to treat a non-cash benefit referred to in that section as a dividend. Application to groups of and interests in companies
5: For the purposes of this subpart,—
a: a group of companies is treated as a wholly-owned group of companies:
b: a voting interest in a company includes a market value interest when a market value circumstance exists for the company. Rules for identifying voting and market value interests
6: In this subpart,—
a: for the purposes of determining the extent to which a company ( company A company B
b: for the purposes of determining the extent to which company A has a voting interest or market value interest of more than 10% in an associated company, the look-through rule in section YC 4 does not apply to treat a voting interest or a market value interest of company A in the associated company as held by their respective shareholders or anyone else; and
c: a zero voting interest is not a voting interest, and a zero market value interest is not a market value interest. asset, associated, company, deduction, dividend, fringe benefit tax, group of companies, market value circumstance, market value interest, private use, voting interest, wholly-owned group of companies
DG 3: Meaning of asset for this subpart
Meaning of asset
1: For the purposes of this subpart, an asset
a: is used by the person in the income year partly to derive income and partly for private use; and
b: is not in use—
i: for at least 62 days in the income year; or
ii: when the asset is typically used only on working days, for at least 62 working days in the income year. What items of property?
2: Subsection (1) applies to an asset that, in the complete form in which the person uses it for income-earning purposes,—
a: is 1 of the following:
i: land, including improvements to land:
ii: a ship, boat, or craft used in navigation on or under water, whether or not it has a means of propulsion:
iii: an aircraft; and
b: for an item referred to in paragraph (a)(ii) and (iii), has—
i: a cost to the person of $50,000 or more; or
ii: a market value on the date of acquisition of the asset of $50,000 or more, if the asset was not acquired at market value; and
c: includes any related items, things, or accessories pertaining to the asset. Which persons?
3: A person excludes a company other than a close company and, for the purposes of this subpart, a reference in the definition of close company Exclusions
4: Despite subsection (2), an asset is excluded from the operation of the rules in this subpart if—
a: the use of the asset meets the following criteria:
i: the private use of the asset is minor; and
ii: the main use of the asset is use in a business that is not a rental or charter business; and
iii: for a company or a trustee of a trust, the use of the asset places an obligation on the company or the trustee, as applicable, to pay fringe benefit tax or income tax:
b: the asset is a residential property and its only income-earning use is as a long-term rental property:
c: the asset—
i: is being used in an income year by a person ( person A
ii: during the income year, undergoes a change of use; and
iii: the only uses made of the asset for the income year are the use by person A and the use by another person from which person A derives income. Meaning of market value
5: For the purposes of this subpart, other than subsection (2)(b)(ii) market value
a: in the open market; and
b: freely offered; and
c: made on ordinary terms; and
d: to a member of the public at arm's length. Partnerships and look-through companies
6: For the purposes of this section, if the asset is held through a partnership or a look-through company, the value of the interests in the asset held by all the partners in the partnership or all the shareholders in the look-through company, as applicable, is aggregated. What constitutes use
7: For the purposes of this subpart, the use of an asset is the active use of the asset for its intended purpose. Example
Graeme owns a yacht that he used with his family for a 4-week holiday. He also rented the yacht at market rates to other people who were not associates on 4 occasions, totalling 3 weeks. The cost of the yacht (including some capital improvements and items such as lifejackets and a dinghy) is $85,000. The rules in this subpart apply to Graeme. amount, asset, business, close company, company, deduction, fringe benefit tax, income, income tax, income year, land, look-through company, market value, partnership, private use, shareholder, tax, trustee, working day
DG 4: Meaning of private use for this subpart
What is private use?
1: For the purposes of this subpart, private use
a: means the use of the asset by a person described in subsection (2), whether or not—
i: the use is exclusive:
ii: an amount of income is derived in relation to its use:
b: includes the use of an asset when income derived in relation to the use of the asset is an amount that is less than 80% of the market value amount:
c: excludes the use of the asset referred to in subsections (3) to (5). Use by natural persons
2: The person referred to in subsection (1)(a) is a natural person who is—
a: the person who owns, leases, licenses, or otherwise has the asset; or
b: a person associated with them. Ordinary business use
3: The use of an asset is not private use if—
a: the asset is used to derive income for a particular period; and
b: the person uses the asset during the period solely in the ordinary course of their business. Repairs
4: The use of an asset is not private use if—
a: the asset is used to derive income for a particular period; and
b: damage is caused to the asset during the period; and
c: the damage is not the result of ordinary wear and tear; and
d: the person uses the asset after the end of the period to repair the damage; and
e: the use of the asset referred to in paragraph (d) is necessary in order for the person to carry out the repairs. Relocation expenses
5: The use of an asset is not private use if—
a: the asset is used to derive income for a particular period in an income year; and
b: the person uses the asset before the start of the period, or after the end of the period, or both, to relocate the asset; and
c: the use referred to in paragraph (b) and the relocation of the asset are necessary for the income-earning purposes; and
d: the income the person derives for the income year from the use of the asset includes an amount payable for the cost of relocation. Exempt income
6: Subsections (3) to (5) do not apply if the person derives an amount of exempt income in relation to the use of the asset. For the treatment of certain amounts of income derived from the use of assets as described in this section, see Example
Mary owns a launch. During the course of an income year, she takes her family out on the launch, she lets her brother use the launch (paying the market rate of $200 per day) and she lets her friend use the launch (paying fuel costs only at the rate of $50 per day). All these uses are instances of private use. When Mary rents out the launch to non-associates at market rates, takes the launch to another port for rental to non-associates at $250 per day and then back again to the home port, or takes the launch to a boatyard for repair after damage was caused by a non-associate during a rental period, none of these instances is private use. amount, asset, associated person, business, exempt income, income, lease, market value, pay, private use
DG 5: Meaning and treatment of interest expenditure for this subpart
Interest expenditure
1: In this subpart, interest expenditure
a: provides funds to the person; and
b: gives rise to an amount for which the person would have a deduction. Apportionment
2: For the purposes of this subpart,—
a: if the person is not a company, an amount of interest expenditure incurred in relation to an asset is included in the item expenditure
b: if the person is a company other than a qualifying company, an amount of interest expenditure incurred in relation to an asset is apportioned under section DG 11:
c: if the person is a qualifying company, they are treated for the purposes of this subpart as a person that is not a company. Exchange rate fluctuations
3: Interest expenditure does not include a deduction for an amount that arises only from movement in currency exchange rates. amount, asset, company, deduction, financial arrangement, interest, interest expenditure, qualifying company
DG 6: Associated persons: company rule modified
Despite section YB 3(1), for the purposes of this subpart, a company and a person other than a company are associated persons if—
a: the person has a voting interest in the company of 5% or more; or
b: the person's share in the company gives them a right to use the asset. asset, associated person, company, share, voting interest When assets held simply
DG 7: Expenditure related to income-earning use
Expenditure on certain business and regulatory requirements
1: A person is allowed a deduction for expenditure or loss, including an amount of depreciation loss, to the extent to which the amount incurred—
a: relates solely to the use of an asset for deriving income of the person, other than exempt income; and
b: is expenditure—
i: from which the person would not reasonably expect to receive a personal benefit, or for a company, an associate of the person:
ii: that the person must reasonably incur to meet a regulatory requirement so that they may use the asset for deriving income and that would not have been incurred but for the requirement. Expenditure that must be apportioned
2: Despite subsection (1) and for the avoidance of doubt, all expenditure on repairs and maintenance incurred in relation to an asset must be treated as expenditure that is limited under section DG 8. However, this subsection does not apply to the cost of repairing damage described in section DG 4(4). Example
John operates a charter boat which he also uses privately. He incurs expenses including costs in meeting Maritime New Zealand survey requirements, advertising costs, and general maintenance costs. The advertising costs are fully deductible because they deliver no personal benefit. The survey costs are fully deductible if they are incurred only for charter purposes. The maintenance costs are not deductible under this provision because they deliver a personal benefit as well as an income-earning benefit. A portion of these maintenance costs may be allowed as a deduction under section DG 8. amount, asset, associated person, company, deduction, depreciation loss, exempt income, income
DG 8: Expenditure limitation rule
Limited deduction
1: A person is allowed a deduction for expenditure or loss, including an amount of depreciation loss, that they incur in relation to the income-earning use of an asset to the extent of the amount calculated using the formula in section DG 9(2). Depreciation recovery and loss on disposal
2: In the treatment of assets generally,—
a: if some or all of the expenditure on an asset is apportioned for tax purposes on the basis of space, floor area, or on another similar basis, that method of apportionment overrides the rules in this subpart to the extent of the amount of the deduction:
b: depreciation recovery income on disposal is dealt with in section EE 49 (Amount of depreciation recovery income when item partly used for business):
c: depreciation loss on disposal is dealt with in sections EE 44 to EE 48, and EE 50(6) and (7) (which relate to amounts of depreciation loss). Relationship with other sections
3: This section—
a: supplements the general permission and overrides the capital limitation and the private limitation, but the other limitations still apply:
b: overrides section EE 50(2) (Amount of depreciation loss when item partly used to produce income). amount, asset, capital limitation, deduction, depreciation loss, depreciation recovery income, general permission, private limitation
DG 9: Apportionment formula
What this section does
1: This section provides the formula for use in sections DG 8 and DG 11 to DG 13 to calculate the way in which an amount of expenditure or loss that a person incurs in relation to an asset is apportioned between its income-earning use and its private or other use. Formula
2: The apportionment formula is— expenditure × income-earning days ÷ (income-earning days + counted days). Definition of items in formula
3: In the formula,—
a: expenditure
i: related solely to the income-earning use of the asset as described in section DG 7; or
ii: related solely to the private use of the asset:
b: income-earning days
i: the use made of the asset is use described in section DG 4(3) to (5):
ii: the asset has become unavailable for use because another person who had earlier reserved the asset for their own use, subsequently did not take advantage of that reservation:
iii: a fringe benefit tax liability arises:
c: counted days Other units of measurement
4: A unit of measurement of time other than days, whether relating to hours, or nights, or anything else, is to be used in the formula and in subsection (3)(b) and (c), if it achieves a more appropriate apportionment. For this purpose, the same unit must be used in relation to both items in subsection (3)(b) and (c). Example
Jim rents out his aeroplane at market value for 100 hours in an income year, and uses it for his personal enjoyment for 50 hours. Jim incurs expenditure of $10,000 for general repairs and maintenance of the plane. He may deduct two-thirds of the expenditure (section DG 9(2)). The formula is $10,000 × (100/(100 + 50)) = $6,666.67. amount, asset, deduction, exempt income, fringe benefit tax, income, income year, market value, private use When assets held in corporate structures
DG 10: Interest expenditure rules
Groups of companies
1: Sections DG 11 to DG 14 provide for the apportionment of interest expenditure incurred by a company that has an asset to which this subpart applies, and by other companies that are in the same group of companies as the company, and by shareholders. Companies must provide information disclosure statements under section 30D of the Tax Administration Act 1994 to enable the calculations to be made. Exclusions: group companies
2: A company ( company A
a: no private use of an asset of a company in the group has been made in the income year by a shareholder of company A:
b: no tax losses have been made available under subpart IC (Grouping tax losses) between company A and other companies in the group. Exclusion: corporate shareholders
3: Section DG 13 does not apply to a corporate shareholder if—
a: the shareholder has a direct or indirect interest of less than 50% in the company that has the asset; and
b: the shareholder has not enjoyed any private use of the asset. Exclusion: non-corporate shareholders
4: Section DG 14 does not apply to a shareholder if—
a: the shareholder has a direct or indirect interest of less than 50% in the company that has the asset; and
b: the shareholder has not enjoyed any private use of the asset. Treatment of qualifying companies
5: The interest expenditure rules apply to a qualifying company in the following way:
a: the company is treated as if section DG 11(3) applied to it in order to calculate the amount of the company's net asset balance; and
b: sections DG 12 to DG 14 then apply to determine the amount of the deduction to which the company, another company, or a shareholder is entitled. Associated persons
6: For the purposes of subsections (2), (3), and (4), a reference to a shareholder includes a person associated with the shareholder, unless the associated person is also a shareholder. amount, asset, associated person, company, deduction, group of companies, income year, interest expenditure, net asset balance, private use, qualifying company, shareholder, tax loss, wholly-owned group
DG 11: Interest expenditure: close companies
What this section does
1: This section quantifies the amount of a deduction that a close company is allowed for an income year when—
a: the company has an asset to which this subpart applies; and
b: the company incurs interest expenditure for the income year. Determining values and deductions
2: The company must first determine the amount of its debt value and its asset value for the income year, and then apply either subsection (3) or subsections (4) to (6). Debt value less than asset value
3: If the debt value for the income year is equal to or less than the asset value for the income year, the company is allowed a deduction of a portion of interest expenditure incurred for the income year—
a: of an amount calculated using the formula in section DG 9(2); and
b: treating the company's total interest expenditure for the income year as if it were the item expenditure Debt value more than asset value
4: If the debt value for the income year is more than the asset value for the income year, the company must calculate a reduced amount of interest expenditure for the income year using the formula— interest expenditure × company's asset value ÷ company's debt value. Definition of items in formula
5: In the formula,—
a: interest expenditure
b: company's asset value
c: company's debt value Apportionment of reduced amounts
6: The company is allowed a deduction for the income year of a portion of the reduced amount described in subsection (4),—
a: of an amount calculated using the formula in section DG 9(2); and
b: treating the reduced amount as if it were the item expenditure Net asset balance
7: When subsection (3) applies for an income year, the amount that remains outstanding after subtracting the debt value for the income year from the asset value for the income year (the net asset balance Meaning of asset value
8: For the purposes of this subpart, asset value
a: for land, including an improvement to land, the amount given by the later of either its most recent capital value or annual value (as set by the relevant local authority), or its cost on acquisition (or market value, if the transaction involves an associated person):
b: for other property, its adjusted tax value. Meaning of debt value
9: For the purposes of this subpart, debt value
a: means the average outstanding amount that gives rise to the interest payable by the company, measured by reference to the amounts outstanding at the start of and at the end of an income year; and
b: for a person who has, in the income year, more than 1 asset to which this subpart applies, is reduced in subsection (5)(c), sections DG 12(6)(c) and DG 13(8)(c), by an amount previously taken into account under this subpart for the income year. Example
Holiday Home Ltd holds a holiday home with a rateable value of $200,000. The company has debt of $40,000, with associated interest expenditure of $4,000. Since the debt value is less than the asset value, all the interest expenditure must be apportioned (section DG 11(3)). Boat Ltd has a charter boat whose cost is $60,000. The company has debt of $100,000, with associated interest expenditure of $10,000. Since the debt value is more than the asset value, the company must apportion interest expenditure of $6,000 (section DG 11(4)-(6)). The formula is $10,000 × ($60,000/$100,000) = $6,000. adjusted tax value, amount, asset, asset value, associated person, close company, cost, debt value, deduction, income, income year, interest, interest expenditure, land, market value, net asset balance, pay
DG 12: Interest expenditure: group companies
When this section applies
1: This section applies for an income year when—
a: a close company or a qualifying company ( company A
b: company A is part of the same group of companies as another company ( company B
c: company B has interest expenditure for which it is allowed a deduction. How this section applies: looping rule
2: This section applies sequentially to every group company B until—
a: the net asset balance for the income year is reduced to zero, or is treated as reduced to zero; or
b: no other group companies exist to which this section applies. Debt value less than net asset balance
3: If company B's debt value for the income year is equal to or less than the net asset balance for the income year, company B is allowed a deduction of a portion of interest expenditure incurred for the income year,—
a: of an amount calculated by company A using the formula in section DG 9(2); and
b: treating company B's total interest expenditure for the income year as if it were the item expenditure Recalculation of net asset balance
4: In the application of subsection (3), the amount of the net asset balance must be recalculated on each application, being reduced by an amount equal to each counted group company's debt value. Debt value more than net asset balance
5: If company B's debt value for the income year is more than the net asset balance for the income year, company B must calculate a reduced amount of interest expenditure for the income year using the formula— interest expenditure × net asset balance ÷ company B's debt value. Definition of items in formula
6: In the formula,—
a: interest expenditure
b: net asset balance
c: company B's debt value Apportionment of reduced amounts
7: Company B is allowed a deduction for the income year of a portion of the reduced amount described in subsection (5),—
a: of an amount calculated by company A using the formula in section DG 9(2); and
b: treating the reduced amount as if it were the item expenditure Net asset balance zero
8: Once a calculation is made under subsection (5), company B's net asset balance is treated as zero. Net asset balance
9: If a net asset balance remains outstanding after the application of this section for an income year, the amount must be used under sections DG 13 and DG 14, as applicable. Example
Holiday Home Ltd has an asset balance of $160,000 ($200,000 less $40,000) and is wholly owned by Parent Ltd. Parent has debt of $30,000, with associated interest expenditure of $3,000. Since Parent's debt value is less than the asset balance, all of Parent's interest expenditure must be apportioned (section DG 12(3)). amount, asset value, close company, company, debt value, deduction, group of companies, income year, interest expenditure, net asset balance, qualifying company
DG 13: Interest expenditure: corporate shareholders
When this section applies
1: This section applies when—
a: a net asset balance remains outstanding for an income year after the application of—
i: first, section DG 12, if applicable; or
ii: secondly, section DG 11; and
b: 1 or more of the following companies, none of which is part of a group of companies that includes company A, exists:
i: a company that is a shareholder in company A:
ii: a company that is a shareholder in a company that is part of the same group of companies as company A and has a voting interest in company A:
iii: a company that has a voting interest in a company referred to in subparagraph (i) or (ii). How this section applies: looping rule
2: This section applies sequentially as follows:
a: first, to the companies referred to in subsection (1)(b)(i) and (ii); and
b: secondly, to the extent to which the debt value of the company for the income year remains less than the company's share of the net asset balance, to the companies that are shareholders in a company referred to in paragraph (a); and
c: so on, until either—
i: the company's share of the net asset balance for the income year is reduced to zero or is treated as reduced to zero; or
ii: no other corporate shareholders exist to which this section applies. Limitation by share in asset balance
3: The deduction that the company is allowed for interest expenditure incurred for the income year is limited by its share of the net asset balance. The share of the asset balance is calculated using the formula— net asset balance × company's interest. Definition of items in formula
4: In the formula in subsection (3),—
a: net asset balance
b: company's interest Debt value less than asset balance
5: If the debt value for the company for the income year is equal to or less than its share of the net asset balance for the income year, the company is allowed a deduction of a portion of interest expenditure incurred for the income year,—
a: of an amount calculated by company A using the formula in section DG 9(2); and
b: treating the total interest expenditure for the income year as if it were the item expenditure Recalculation of asset balance
6: In the application of subsection (5), the amount that is the company's share of the net asset balance must be recalculated on each application, being reduced by an amount equal to each counted company's debt value. Debt value more than asset balance
7: If the debt value for the company for the income year is more than its share of the net asset balance, the company must calculate a reduced amount of interest expenditure incurred for the income year using the formula— interest expenditure × company's share of net asset balance Definition of items in formula
8: In the formula in subsection (7),—
a: interest expenditure
b: company's share of net asset balance
c: company's debt value Apportionment of reduced amounts
9: The company is allowed a deduction for the income year of a portion of the reduced amount described in subsection (7),—
a: of an amount calculated by company A using the formula in section DG 9(2); and
b: treating the reduced amount as if it were the item expenditure Net asset balance zero
10: Once a calculation is made under subsection (7), the amount that is the company's share of the net asset balance is treated as zero. Net asset balance
11: If a net asset balance remains outstanding after the application of this section for an income year, the amount must be used under section DG 14. Example
Parent Ltd has 2 equal corporate shareholders, company Y, which has debt of $20,000 with associated interest expenditure of $2,000, and company Z, which has debt of $70,000 with associated interest expenditure of $7,000. Both companies' share of the net asset balance is $65,000 ($130,000 × 50%). Since company Y's debt value is less than its share of the net asset balance, all its interest expenditure must be apportioned (section DG 13(5)). Company Z's debt value is greater than its share of the net asset balance, so it must apportion interest expenditure of $6,500 (section DG 13(7)-(9)). The formula is $7,000 × ($65,000/$70,000) = $6,500. amount, company, debt value, deduction, group of companies, income year, interest expenditure, net asset balance, shareholder, voting interest
DG 14: Interest expenditure: non-corporate shareholders
When this section applies
1: This section applies for an income year when—
a: a net asset balance remains outstanding for an income year after the application of—
i: first, section DG 13, if applicable:
ii: secondly, section DG 12, if applicable:
iii: thirdly, section DG 11, if neither applies; and
b: a person exists who—
i: is not a company, other than a company acting as a trustee; and
ii: has a voting interest in company A; and
iii: has interest expenditure for which they are allowed a deduction. Amount to be apportioned
2: For a natural person, the amount of interest expenditure that must be apportioned is only the amount of interest that the person incurs on money borrowed to acquire shares in company A or in a company referred to in section DG 13(1)(b). Method of apportionment
3: The apportionment is made using the rules set out in section DG 13(2) to (10), treating the person as if they were the company. Example
Company Y has 2 shareholders: Thomas, who has borrowed $200,000 to acquire a 50% interest in the company, and Brent, who has borrowed $10,000 to buy his 50% interest. Each has a share of the remaining net asset balance of $22,500. The formula is ($65,000 − $20,000) × 50% = $22,500. Since Thomas's debt value is greater than his share of the net asset balance, Thomas must apportion 11.25% of his total interest expenditure (sections DG 14 and DG 13(7)-(9)). The formula is 22,500/200,000. Since Brent's debt value is less than his share of the net asset balance, all Brent's interest expenditure must be apportioned (sections DG 14 and DG 13(5)). amount, company, deduction, income year, interest, interest expenditure, net asset balance, share, trustee, voting interest Quarantined expenditure
DG 15: Quarantined expenditure rules
Sections DG 16 and DG 18 provide the rules that limit the amount of a person's deduction under sections DG 7, DG 8, and DG 11 to DG 14 for an income year when the income derived from the use of the asset does not reach a specified threshold. The excess expenditure is quarantined and denied as a deduction for the income year. Sections DG 17 and DG 19 provide for the allocation of the quarantined amount to a later income year when the income derived is sufficient to offset the expenditure. Companies must provide information disclosure statements under section 30D of the Tax Administration Act 1994 to enable the calculations to be made. amount, asset, company, deduction, income, income year
DG 16: Quarantined expenditure when asset activity negative
When this section applies
1: This section applies when—
a: a person incurs expenditure for which they are allowed a deduction that is limited under section DG 7, DG 8, or DG 11, as applicable, for an income year; and
b: the amount of income derived for the income year from the use of an asset, other than an amount of exempt income, is less than 2% of—
i: for land, including an improvement to land, the amount given by the later of either its most recent capital value or annual value, as set by the relevant local authority, or its cost on acquisition or market value, if the transaction involves an associated person:
ii: for other property to which this subpart applies, its adjusted tax value. Quarantined amount
2: The amount of the person's excess expenditure for the income year is calculated using the formula— expenditure – asset income. Definition of items in formula
3: In the formula,—
a: expenditure
i: the total amount of deductions that the person is allowed for the income year under sections DG 7, DG 8, and DG 11, as applicable and after any necessary apportionment; and
ii: an amount of the person that was quarantined under this section for an earlier income year and is not yet allocated to an income year:
b: asset income No deduction for quarantined amount
4: The excess expenditure calculated under subsection (2) is quarantined and denied as a deduction for the income year. Outstanding profit balance
5: If the amount of expenditure for the income year is less than the amount of income for the income year, the excess income is the outstanding profit balance Zero result
6: For the purposes of the formula in subsection (2), if the amount of income for the income year is greater than the amount of expenditure for the income year, the result of the formula is treated as zero. Example
David has a city apartment with a rateable value of $300,000. He rents out the apartment and also uses it privately. He receives market rate rental of $4,000 from non-associates, and $6,000 from associates. David's total allowable expenditure, under sections DG 7, DG 8, and DG 11, is $15,000. Since David's income from non-associates is less than 2% of the apartment's rateable value, the excess expenditure of $5,000 is denied as a deduction. The amount denied may be allocated to a later income year under section DG 17. adjusted tax value, amount, asset, associated person, cost, deduction, exempt income, income, income year, land, market value
DG 17: Allocation of amounts quarantined under section DG 16
When this section applies
1: This section applies for an income year (the current year
a: a person has an amount of excess expenditure quarantined under section DG 16 in relation to an asset for an income year before the current year; and
b: the person's income for the current year from the use of the asset is more than the amount of their deductions under sections DG 7, DG 8, and DG 11, as applicable. Deduction and allocation
2: The amount of previously quarantined expenditure that the person is allowed as a deduction for the current year must not be more than the lesser of—
a: the amount referred to in subsection (1)(a):
b: the amount calculated using the formula— asset income − expenditure. Definition of items in formula
3: In the formula,—
a: asset income
b: expenditure Outstanding profit balance
4: If the lesser amount in subsection (2) is the quarantined amount referred to in subsection (2)(a), an outstanding profit balance arises of an amount that is the difference between the amount of income for the current year and the amount of expenditure for the current year, including the quarantined amount allocated to the current year. The outstanding profit balance is available for use under section DG 19. Zero result
5: For the purposes of the formula in subsection (2), if the amount of expenditure for the current year is greater than the amount of income for the current year, the result of the formula is treated as zero. Modification for certain assets
6: For the purposes of subsection (1)(a), a quarantined amount that is related to an asset may be used in relation to another asset of the person if—
a: the first asset is damaged, destroyed, or lost, and is no longer held by the person; and
b: a second asset is acquired to replace the first asset; and
c: the 2 assets are identical or substantially the same. Example,
continued from section DG 16 In the following income year, David derives $10,000 from renting his city apartment at market rates to a non-associate. David's total allowable expenditure, under sections DG 7, DG 8, and DG 11, is $8,000. He also has expenditure of $5,000 quarantined from the previous income year. David is able to deduct $2,000 of that quarantined expenditure. The remaining $3,000 continues to be quarantined and may be allowed as a deduction for a later income year. amount, asset, deduction, income, income year
DG 18: Quarantined expenditure: group companies and shareholders
When this section applies
1: This section applies when—
a: a person incurs expenditure for an income year for which they are allowed a deduction that is limited under 1 or more of sections DG 12 to DG 14; and
b: the income year is an income year in which section DG 16(1)(b) applies. How this section applies: first looping rule
2: The first application of this section is to every group company B in sequence until no other group companies exist to which this subsection applies. How this section applies: second looping rule
3: The second application of this section is sequentially to—
a: first, 1 or more of the following persons, none of which is a company referred to in subsection (2):
i: a person who is a shareholder in company A:
ii: a person who is a shareholder in a company that is part of the same group of companies as company A and has a voting interest in company A; and
b: secondly, a person who is a shareholder in a company referred to in paragraph (a); and
c: so on, until no other persons exist to which this subsection applies. Quarantined amount
4: The amount of the person's excess expenditure for the income year is calculated using the formula— expenditure – outstanding profit balance. Definition of items in formula
5: In the formula,—
a: expenditure
i: the total amount of deductions that the person is allowed for the income year under sections DG 12 to DG 14, as applicable and after any necessary apportionment; and
ii: an amount of the person that was quarantined under this section for an earlier income year and is not yet allocated to an income year:
b: outstanding profit balance
i: for company B, is the amount of the outstanding profit balance referred to in section DG 16(5):
ii: for a shareholder, is the amount that is the person's share of the outstanding profit balance referred to in section DG 16(5), calculated using the formula in section DG 13(3), treating the outstanding profit balance as if it were the net asset balance. No deduction for quarantined amount
6: The excess expenditure calculated under subsection (4) is either quarantined or remains quarantined, as applicable, and is denied as a deduction for the income year. Recalculation of outstanding profit balance
7: For the purposes of subsections (4) and (5)(b), the amount that is the outstanding profit balance must be recalculated on each application, being reduced by an amount equal to the amount of any deduction counted. Zero result
8: For the purposes of the formula in subsection (4), if the amount of the outstanding profit balance for the income year is greater than the amount of expenditure for the income year, the result of the formula is treated as zero. Example
Aircraft Ltd owns an aircraft to which the rules in this subpart apply; the income derived from the asset in the current year is less than 2% of the cost of the aircraft. The company has calculated an outstanding profit balance of $12,000 after the application of section DG 16. Aircraft is 100% owned by Parent Ltd, which has apportioned interest expenditure of $5,000 calculated under section DG 12. Parent has 2 equal shareholders, Alisa who has apportioned interest expenditure of $8,000, and Hamish who has apportioned interest expenditure of $1,000, both calculated under section DG 14. Parent must apply section DG 18 first, and is not required to quarantine any of its interest expenditure; the outstanding profit balance is reduced to $7,000 ($12,000 - $5,000). Alisa’s and Hamish’s share of the outstanding profit balance is $3,500 each ($7,500 x 50%). Alisa must quarantine $4,500 of interest expenditure ($8,000 - $3,500); Hamish is not required to quarantine any interest expenditure. amount, asset, company, deduction, group of companies, income year, net asset balance, shareholder, voting interest
DG 19: Allocation of amounts quarantined under section DG 18
When this section applies
1: This section applies for an income year (the current year
a: a person has an amount of excess expenditure quarantined under section DG 18 for an income year before the current year; and
b: an outstanding profit balance referred to in section DG 17(4) is available for use for the current year. How this section applies
2: This section applies sequentially in the order set out in section DG 18(2) and (3) until the outstanding profit balance is reduced to zero. Deduction and allocation
3: The amount of previously quarantined expenditure that the person is allowed as a deduction for the current year must not be more than the lesser of—
a: the quarantined amount referred to in subsection (1)(a):
b: the amount calculated using the formula— outstanding profit balance − expenditure. Definition of items in formula
4: In the formula,—
a: outstanding profit balance
i: for company B, is the amount of the outstanding profit balance determined for the company for the current year under section DG 18(5), if applicable, or otherwise under section DG 17(4):
ii: for a shareholder, is the amount that is the person's share of the outstanding profit balance for the current year under section DG 18(5), if applicable, or otherwise under section DG 17(4), calculated using the formula in section DG 13(3), treating the outstanding profit balance as if it were the net asset balance:
b: expenditure Recalculation of outstanding profit balance
5: For the purposes of subsections (3) and (4)(a), the amount that is the outstanding profit balance must be recalculated on each application, being reduced by an amount equal to the amount of any deduction for quarantined expenditure counted. Zero result
6: For the purposes of the formula in subsection (3), if the amount of expenditure for the current year is greater than the amount of the outstanding profit balance for the current year, the result of the formula is treated as zero. Example,
continued from section DG 18 In the following income year, Aircraft has calculated an outstanding profit balance of $16,000 after the application of section DG 18. Section DG 19 does not apply to Parent or Alisa because they have no previously quarantined interest expenditure. However, the section does apply to Hamish because he has $4,500 of quarantined interest expenditure from the previous year. Hamish’s current year apportioned interest expenditure is $7,000, calculated under section DG 14, and his share of the outstanding profit balance is $8,000 ($16,000 x 50%). Hamish is allowed a deduction for $1,000 of previously quarantined expenditure ($8,000 - $7,000). His remaining quarantined expenditure is $3,500 ($4,500 - $1,000). amount, company, deduction, income year, net asset balance, shareholder Certain modifications to rules
DG 20: When income cannot be separately attributed
Exclusion from rules
1: Sections DG 16 and DG 18 do not apply to the use of an asset for an income year when—
a: the person derives an amount of income for the income year from the use of the asset in a business activity; and
b: because of the nature of the activity, an amount cannot be separately attributed to the use of the asset. Re-inclusion
2: Subsection (1) does not apply if—
a: the person also uses the asset in deriving an amount of income that is separately attributable to the use of the asset; and
b: the use of the asset referred to in paragraph (a) is at least 80% of the total use of the asset both in the business activity referred to in subsection (1) and as described in paragraph (a). Example
Paul uses a helicopter on his farm to check stock for 50 hours in an income year, rents it out for 50 hours, and also uses it privately. While the income from the rental is clear, the income Paul derives in relation to the use of the helicopter in farming operations is not. The use of the helicopter falls outside the rules under the exclusion in section DG 20(1), and does not meet the requirements for re-inclusion under section DG 20(2) as the use of the helicopter to earn rental income is only 50% of the total income-earning use of the helicopter. Any loss attributable to the helicopter is not quarantined. amount, asset, business, income, income year
DG 21: Opting out of treatment under this subpart
Opt-out threshold
1: If the amount of income derived for an income year from the use of an asset is less than $4,000, the person who has the asset may choose to treat the income as exempt income under section CW 8B(2) (Certain amounts derived from use of assets). The threshold amount does not include an amount of income exempt under section CW 8B(3). Quarantined expenditure
2: If, in relation to the use of an asset in an income year, the person has an amount of quarantined expenditure for the income year, they may choose to treat the amount of income derived that gives rise to the quarantined expenditure as exempt income under section CW 8B for the income year. Consequences of opting out
3: When a person who has an asset chooses under subsection (1) or (2) to treat the income derived from the use of the asset as exempt income, any interest expenditure that must be apportioned under section DG 9 is treated as expenditure incurred in deriving exempt income. No application to companies
4: This section does not apply when the person who has the asset is a company. Example
Mike rents his bach out through the Internet to a non-associate. The gross amount he receives for an income year is $3,000. Mike can opt out of the rules in this subpart, which would mean that he would not be liable to tax on the amount, but would also not be entitled to claim any deductions in relation to the bach. amount, asset, exempt income, income, income year, interest expenditure
DG 22: Application of rules to part years
When this section applies
1: This section applies when the total income-earning use, private use, and non-use of an asset of a person relates to only part of an income year. Non-use period
2: For the purposes of section DG 3(1)(b), the number of days is calculated using the formula— (days ÷ 365) × 62. When assets acquired during year: debt value
3: For the purposes of section DG 11(9), if the company acquires the asset during the income year, the debt value is treated as the outstanding amount at the end of the income year. When assets disposed of during year: debt value
4: For the purposes of section DG 11(9), if the company disposes of the asset during the income year, the debt value is treated as the outstanding amount at the start of the income year. When assets both acquired and disposed of during year
5: For the purposes of section DG 11(9), if the company both acquires and disposes of the asset during the income year, the debt value is treated as the average of the outstanding amounts on the date on which the asset was acquired and the date of its disposal. When assets acquired during year: interest expenditure
6: For the purposes of sections DG 11 to DG 14, when company A acquires or disposes of an asset during an income year, the amount of interest expenditure that must be apportioned is calculated on a pro rata basis. Ring-fenced losses in part years
7: For the purposes of section DG 16(1)(b), the threshold is calculated using the formula— (days ÷ 365) × 2%. Definition of item in formulas
8: In the formulas in subsections (2) and (7) days amount, asset, company, debt value, income year, interest expenditure, private use
2: Subsection (1) applies for the 2013–14 and later income years for an item of property referred to in section DG 3(2)(a)(i) section DG 3(2)(a)(ii) and (iii)
31: Section DO 1 amended (Enhancements to land, except trees)
In section DO 1 , except trees
32: Section DO 2 amended (Erosion and shelter plantings)
1: In section DO 2 Plantings for erosion, shelter, and water protection purposes
2: Replace section DO 2(2)
2: The person is allowed a deduction for expenditure that they incur in planting or maintaining trees or plants, whether or not on the land, for the purpose of—
a: preventing or combating erosion of the land:
b: providing shelter to the land:
c: preventing or mitigating detrimental effects on a watercourse or body of water from the discharge of farming or agricultural contaminants.
3: Subsection (2) applies to a person for expenditure incurred—
a: in the 2011–12 or a later income year:
b: in an income year corresponding to a tax year beginning on or after 1 April 2008 and before 1 April 2011 if the person includes the expenditure as a deduction in a tax return made on or before the due date for a tax return for the income year.
33: Section DO 5 amended (Expenditure on land: planting of listed horticultural plants)
1: In section DO 5(4) rate × diminished value.
2: Subsection (1)
34: Section DO 11 amended (Improvement destroyed or made useless)
1: In section DO 11(1)(b) irreparably damaged and made useless for the purpose of deriving income made useless for the purpose of deriving the person's income
2: In section DO 11(1)(c) irreparably damaged and
3: In section DO 11(1)(d) damage uselessness
4: In section DO 11(1)(e) damage uselessness
5: In section DO 11(2) the improvement the improvement plus a deduction for the amount of expenditure for removing the improvement from the land referred to in subsection (1)(a)
6: Subsections (1) to (5) apply for the 2010–11 and later income years.
35: New section DV 25 inserted (Hedging of currency movements in Australian non-attributing shares and attributing FDR method interests)
After section DV 24
DV 25: Hedging of currency movements in Australian non-attributing shares and attributing FDR method interests
Deduction
1: A person is allowed a deduction for the amount of expenditure that the person has under section EM 6 Link with subpart DA
2: This section overrides the capital limitation. The general permission must still be satisfied and the other general limitations still apply. amount, deduction, general limitation, general permission
36: Section DW 4 amended (Deduction for general insurance outstanding claims reserve)
1: After section DW 4(1) When this section does not apply
1B: This section does not apply for contracts that section DZ 10 (General insurance with risk period straddling 1 July 1993) applies to.
2: Subsection (1) applies for the 2008–09 and later income years.
37: New section DZ 21 inserted (Expenditure on certain assets before 31 March 2013)
After section DZ 20
DZ 21: Expenditure on certain assets before 31 March 2013
When this section applies
1: This section applies when—
a: a company has on 31 March 2013 an asset described in section DG 3 (Meaning of asset for this subpart); and
b: the asset is transferred before the end of the company's 2013–14 income year to—
i: 1 or more of the company's shareholders in proportion to their shareholding:
ii: 1 or more of the shareholders of a shareholder in proportion to their shareholding; and
c: the company chooses to apply this section. Depreciation recovery income and adjusted tax value
2: For the purposes of sections CG 1 (Amount of depreciation recovery income), EE 1(3) (What this subpart does), EE 21 to EE 24, and EE 55 to EE 60 (which relate to depreciation), the transfer is treated as if it were a disposal and acquisition for an amount equal to the adjusted tax value of the asset on the date of the transfer. Example
BoatCo has a boat on 31 March 2013 which meets the various requirements set out in subpart DG. All the shares in BoatCo are owned by Michelle. The boat has a market value of $75,000, and an adjusted tax value of $55,000. BoatCo transfers the boat to Michelle without payment (which is treated as a dividend of $75,000). For depreciation purposes, BoatCo is treated as disposing of the boat for $55,000, and Michelle is treated as acquiring it for $55,000. adjusted tax value, amount, asset, company, income year, shareholder
38: Section EA 3 amended (Prepayments)
1: After section EA 3(2)(d)
db: a leasehold estate, or licence to use land, to which section EI 4B (Consideration for agreement to grant, renew, extend, or transfer leasehold estate or licence) applies:
2: In section EA 3 land leasehold estate
39: New sections EC 4B and EC 4C inserted
After section EC 4
EC 4B: Compulsory use of herd scheme method for associated persons
When this section applies
1: This section applies if, in an income year (the current year transferor transfer transferee When this section does not apply
2: This section does not apply to the transfer of livestock if,—
a: the transferor and the transferee would not be associated if the transferee or an associate were not the descendants in relation to the transferor or an associate of the transferor; and
b: the transfer is at market value and the transfer’s consideration is wholly on arm’s length commercial terms and conditions, ignoring terms and conditions relating to financing; and
c: for the transferor and associates of the transferor, but excluding their descended associates,—
i: all of their specified livestock in the income year of the transfer have been disposed of; and
ii: they do not derive income from the disposal of specified livestock that are part of a farming business in the next 4 income years. When this section does not apply: deceased treated as alive and transferor
3: This section does not apply if it would not apply treating a transfer of livestock to or from the estate of a deceased or under a will of a deceased as a transfer made by the deceased immediately before their death to the relevant transferee. However, this subsection does not apply if the will of the deceased creates a life interest in the relevant livestock. Compulsory use of herd scheme method
4: Despite sections EC 7(2), EC 12(1), EC 22(1), and EC 25(1), the transferee is treated as choosing and giving a notice of election, with application beginning for the current year, to use the herd scheme for a type of livestock, if the formula in subsection (5) Formula
5: The formula, for the purposes of subsections (1) and (4) hypothetical end herd scheme amount – minimum herd scheme amount. Definition of items in formula
6: In the formula,—
a: hypothetical end herd scheme amount
i: the number of animals in the current year that the person would have of a class (the relevant class subsection (1)
ii: the number of animals of the relevant class that the person valued under the herd scheme at the end of the year before the current year:
b: minimum herd scheme amount Definitions
7: In this section,—
a: descendant
b: descended associate
i: an associate (the associate
ii: an associate (the associate amount, associated, class, descendant, descended associate, herd scheme, income year, notice
EC 4C: Value and timing of transfers
When this section applies
1: This section applies to a transfer (the transfer section EC 4B Same tax year
2: If the transfer occurs in the same tax year for both the transferor and transferee, then the transfer is treated as a disposal and acquisition at the value of the relevant livestock under the herd scheme at the end of the transferor's corresponding income year. Different tax year
3: If the transfer occurs in different tax years for the transferor and transferee, then subsection (4) or (5) applies. Different tax year: transferee earlier
4: If the transferee acquires the relevant livestock in a tax year earlier than the tax year in which the transferor disposes of it, then the transfer is treated as a disposal and acquisition at the value of the relevant livestock under the herd scheme at the beginning of the transferor's corresponding income year. Different tax year: transferee later
5: If the transferee acquires the relevant livestock in a tax year (the later tax year
a: the transfer is treated as a disposal and acquisition at the value of the relevant livestock under the herd scheme at the end of the transferor's corresponding income year:
b: for the purposes of the transferee's opening value under section EC 16, the transferee is treated as owning and valuing the relevant livestock under the herd scheme on the last day of the transferee's income year corresponding to the tax year before the later tax year. herd scheme, income year, specified livestock, tax year
40: Section EC 7 amended (Valuation methods)
1: Replace section EC 7(5) Restrictions on use of valuation methods
5: Restrictions apply to the use of valuation methods, as described in sections EC 8 to EC 10. Exception to subsection (2): express written notice required in certain cases
6: Subsection (2) does not apply to the extent to which an election requires a notice under section EC 11
2: In section EC 7 notice
3: Subsections (1) and (2) apply for the 2008–09 and later income years.
41: Section EC 8 replaced (Restrictions arising from use of herd scheme)
1: Replace section EC 8
EC 8: Restrictions arising from use of herd scheme
First restriction
1: A valuation method other than the herd scheme is not available to a person, in an income year after the 2011–12 income year, for a type of specified livestock if the person—
a: gives a notice of election, with application beginning for or before the income year, to use the herd scheme for the type of specified livestock; and
b: does not give before 18 August 2011 a later notice of election, with application beginning for or before the income year, to use another valuation method for the type of specified livestock. First exception: election after 18 August 2011 for fattening business
2: Despite subsection (1)
a: the person gives a notice of election as described in subsection (1)(a)
b: the person gives, on or after 18 August 2011, a later notice of election to use another valuation method for the relevant type of specified livestock (the livestock
c: the later notice is given, with application beginning for the income year (the starting income year
d: the livestock are used in a fattening farming business for and after the starting income year. Second exception: increase in a class
3: Despite subsection (1) current year Second restriction
4: A person who values livestock of a particular type under the herd scheme must value all male breeding stock of that type under the herd scheme in an income year if, in the income year, they also value any livestock of that type under the national standard cost scheme or under the cost price method. class, cost price, herd scheme, income year, national standard cost scheme
2: In section EC 8 Second exception: increase in a class
3: Despite subsection (1) current year A definition and a formula
4: Class closing animal balance last year's class amount + associated class transfers. Definition of items in formula
5: In the formula,—
a: last year's class amount
b: associated class transfers section EC 4B(5) section EC 4B(4) Second restriction
6: A person who values livestock of a particular type under the herd scheme must value all male breeding stock of that type under the herd scheme in an income year if, in the income year, they also value any livestock of that type under the national standard cost scheme or under the cost price method.
3: In section EC 8 amount class closing animal balance
42: Section EC 11 amended (Restrictions on making of elections)
In section EC 11(2)(b) EC 19. EC 19; and
c: a later election, described in section EC 8(2)(b) and (c)
43: Section EC 20 amended (Herd livestock disposed of before values determined)
1: In section EC 20(1)(a) specified livestock the disposal of specified livestock
2: In section EC 20(1)(b) herd livestock before the 1 February specified livestock before the 1 November
3: Repeal section EC 20(l)(c)
4: After section EC 20(1) When this section does and does not apply
1B: This section does not apply when, in an income year, a person's specified livestock is disposed of, and section EC 4B(4) section EC 4C(4)
5: Subsections (1), (2), (3), and (4) apply for the 2012–13 and later income years.
44: Section EC 21 repealed (Herd livestock on death before values determined)
Repeal section EC 21
45: New section ED 4 inserted (Valuation of certain excepted financial arrangements denominated in foreign currency)
1: After section ED 3
ED 4: Valuation of certain excepted financial arrangements denominated in foreign currency
Who this section applies to
1: This section applies to a person who, in an income year (the current year
a: has an excepted financial arrangement, of a type (the arrangement type
b: has an amount of foreign currency payable or receivable under the excepted financial arrangement (a foreign currency payment Person may choose valuation timing used for financial statements
2: The person may choose to value a foreign currency payment at the close of trading spot exchange rate applicable at the end of the current year, if the person, in preparing financial statements, determines values at the end of the income year for amounts of foreign currency payable or receivable by the person. Consistent valuation timing for excepted financial arrangement
3: If foreign currency payments under a person's excepted financial arrangement are valued under subsection (2) for an income year, the amounts of foreign currency payable or receivable under all of the person's excepted financial arrangements of the arrangement type are valued in the same way for the income year and later income years. amount, close of trading spot exchange rate, excepted financial arrangement, financial arrangement, income year
2: Subsection (1) applies for a person and an excepted financial arrangement on and after 27 September 2012, except if the person takes a tax position for the excepted financial arrangement, relying on an election made under section EW 8
a: in a return of income received by the Commissioner before 27 September 2012:
b: under a determination or binding ruling made by the Commissioner before 27 September 2012.
46: Section EE 7 amended (What is not depreciable property?)
1: In section EE 7(a) land, land other than depreciable intangible property,
2: Replace section EE 7(e)
e: excepted financial arrangements other than depreciable intangible property:
3: In section EE 7 depreciable intangible property land
4: Subsections (1) and (2) apply for the 2008–09 and later income years.
47: Section EE 60 amended (Total deductions in section EE 56)
1: In section EE 60(3B) Treatment of assets not available for use an item that has been withdrawn from use an item that is not available for use
2: Subsection (1) applies for the 2008–09 and later income years.
48: New section EI 4B inserted (Consideration for agreement to grant, renew, extend, or transfer leasehold estate or licence)
1: After the heading following section EI 4
EI 4B: Consideration for agreement to grant, renew, extend, or transfer leasehold estate or licence
When this section applies
1: This section applies when a person, in an income year, derives an amount that is income under section CC 1B (Consideration for agreement to grant, renew, extend, or transfer leasehold estate or licence), or incurs an amount of expenditure that is allowed as a deduction under section DB 20B (Consideration for agreement to grant, renew, extend, or transfer leasehold estate or licence), and the amount is incurred or derived—
a: in relation to a right (the land right
b: in relation to a period (the spreading period
i: beginning with the commencement, or a renewal or extension, of the land right; and
ii: ending before the earliest following date on which the land right may be terminated, or may expire, if not extended or renewed. Exception for amount of income under section CC 1 or CG 8
2: This section does not apply to an amount that is income under section CC 1 or CG 8 (which relate to income from land or capital contributions). Timing of income and deductions for land right with spreading period
3: If the amount is incurred or derived—
a: before the end of the spreading period, the amount is allocated in equal portions to each month that—
i: includes part of the spreading period; and
ii: ends after the amount is incurred or derived; and
iii: is included in an income year ending within 50 years from the beginning of the spreading period; and
b: at or after the end of the spreading period, the amount is allocated to the income year in which it is incurred or derived. Effect for income of person ceasing to have estate in land
4: If an amount of income would be allocated to a spreading period of a land right under subsection (3) for a person in the absence of this subsection, the amount is allocated to an income year (the balance year
a: at the beginning of the balance year, the person holds the land right, or the estate in land from which the land right is granted; and
b: in the balance year, the person ceases to hold the land right, or the estate in land from which the land right is granted; and
c: the amount would be allocated under subsection (3) to an income year—
i: ending before, or including, the end of the spreading period; and
ii: after the balance year. Effect for deduction of person ceasing to have leasehold estate or licence
5: If an amount of a deduction would be allocated to a spreading period of a land right under subsection (3) for a person (the affected person balance year
a: at the beginning of the balance year, either or both of the land right and the estate in land from which the land right is granted are held by the affected person or a person associated with the affected person; and
b: at the end of the balance year, neither of the land right and the estate in land from which the land right is granted are held by the affected person or a person associated with the affected person; and
c: the amount would be allocated under subsection (3) to an income year—
i: ending before, or including, the end of the spreading period; and
ii: after the balance year. Relationship between subsections
6: Subsections (4) and (5) override subsection (3). amount, associated, deduction, estate, income, income year, land, leasehold estate, own
2: Subsection (1) applies to an amount that is incurred or derived on or after 1 April 2013 in relation to a lease or licence entered, renewed, extended, or transferred on or after that date.
49: New subpart EM inserted (Hedging of currency movements in Australian non-attributing shares and attributing FDR method interests)
After subpart EK
EM: Hedging of currency movements in Australian non-attributing shares and attributing FDR method interests
EM 1: Australian non-attributing shares and attributing FDR method interests
Application of this subpart
1: This subpart applies to determine the income and expenditure for a person's hedges, to the extent to which their hedges have a fair dividend rate hedge portion ( see subsection (2) sections EM 5 to EM 7
a: Australian non-attributing shares for which—
i: amounts derived from disposal would be either excluded income of the person under section CX 55 (Proceeds from disposal of investment shares), or the person's capital receipt; and
ii: the person determines the market value for each of a number of periods making up the income year:
b: attributing interests in a FIF for which the person—
i: calculates FIF income using the fair dividend rate method; and
ii: uses section EX 53 (Fair dividend rate method for unit-valuing funds and others by choice). Specific rules
2: In this subpart,—
a: section EM 2
b: section EM 3
c: section EM 4
d: section EM 5
e: section EM 6
f: section EM 7
g: section EM 8 Relationship with financial arrangements rules
3: This subpart, and not subpart EW (Financial arrangements rules), determines a person's income and expenditure for their fair dividend rate hedge portions. attributing interests, Australian non-attributing shares, eligible hedge, excluded income, fair dividend rate hedge portion, fair dividend rate method, FIF, hedge, income
EM 2: Who does this subpart apply to?
Who does this subpart apply to?
1: This subpart applies to a person if section EM 1
a: is listed in schedule 29, part A or B (Portfolio investment entities: listed investors), but is not a life insurer:
b: is a separate identifiable fund forming part of a life insurer that holds investment subject to life insurance policies under which benefits are directly linked to the value of the investments held in the fund:
c: is a fund that is equivalent to an investor class described in section HM 22(1) (Exceptions for certain funds):
d: is a group investment fund, superannuation fund, or unit trust in which—
i: 20 or more people hold an investor interest, and each person who holds an investor interest has 20% or less of the total investor interests for the fund or trust:
ii: a person described in paragraph (a) or (b) (a listed person charitable person Combining people and investor interests
2: For the purposes of applying subsection (1)(d)(i) and (ii) Subsection (3) Exception to combining people and investor interests
3: Subsection (2) associated person, exempt income, group investment fund, income, investor class, investor interest, life insurance policies, life insurer, superannuation fund, unit trust
EM 3: What hedges does this subpart apply to?
This subpart applies to a person's hedge (an eligible hedge section EM 1
a: is a contract to conditionally or unconditionally acquire or dispose of foreign exchange in return for New Zealand currency, or is a swap with one leg denominated in a foreign currency and the other leg denominated in New Zealand currency; and
b: is not an option; and
c: is not entered into with an associated person; and
d: has, under IFRSs, a fair value of zero when it is first entered into; and
e: is subject to an election under section EM 4 associated person, eligible hedge, hedge, IFRS
EM 4: Irrevocable elections
Elections
1: This subpart applies to a person's eligible hedge, to the extent of their fair dividend rate hedge portion for the eligible hedge, if the person has made an election to apply this subpart under subsection (2) or (3). Elections: specific
2: For the purposes of subsection (1) subsection (3)
a: when the hedge is first entered into; and
b: when a hedge of the hedge is first entered into. Election: general
3: For the purposes of subsection (1) Elections: effect irrevocable
4: An election under this section subsection (3) Elections: effect on some or all
5: The portion of a person's eligible hedge that is not a fair dividend rate hedge portion does not give rise to income and expenditure under this subpart, despite an election for the eligible hedge, and subpart EW (Financial arrangements rules) determines a person's income and expenditure for that portion. eligible hedge, fair dividend rate hedge portion, income
EM 5: Fair dividend rate hedge portions
Maximum calculated
1: This section calculates the maximum fair dividend rate hedge portion for a person's eligible hedge. Choice of fair dividend rate hedge portion: cannot be changed
2: A person must, subject to the maximum calculated under this section, irrevocably choose the fair dividend rate hedge portion for a person's eligible hedge. Choice of formulas
3: A person may choose to use either subsections (4) and (5), or subsections (6) to (10) subsection (4) subsection (6) First formula
4: The maximum fair dividend rate hedge portion for a person's eligible hedge (the calculation hedge Subsection (8) (1.05 × (eligible currency assets + proxied currency assets) Definition of items in formula
5: In the formula in subsection (4) see eligible currency assets
a: eligible currency assets section EM 1(1)(a) and (b) calculation currency
b: proxied currency assets
i: unless subparagraph (ii) or (iii) section EM 1(1)(a) and (b) proxied currency
ii: zero, if the person has hedges denominated in the proxied currency:
iii: zero, if the person has a hedge, denominated in a currency other than the proxied currency or the calculation currency, that acts like hedging for the assets due to a relationship between exchange rate movements in the proxied currency and that other currency:
c: FDR hedges amount
d: calculation hedge amount Second formula
6: The maximum fair dividend rate hedge portion for a person's eligible hedge (the calculation hedge subsection (9), Subsection (8) 1 – (non-eligible currency assets ÷ hedges amount). Definition of items in formula
7: In the formula in subsection (6)
a: non-eligible currency assets
i: are denominated in a foreign currency; and
ii: are not described in section EM 1(1)(a) and (b)
b: hedges amount Exception for more than 100% non-eligible currency asset hedges
8: If the maximum fair dividend rate hedge portion for the calculation hedge is less than zero, then the fair dividend rate hedge portion for the hedge is zero. Formula for purposes of subsection (6)
9: The formula for the purposes of subsection (6) (1.05 × eligible currency assets – FDR hedges amount) Definition of items in formula
10: In the formula in subsection (9)
a: eligible currency assets section EM 1(1)(a) and (b)
b: FDR hedges amount
c: current hedge amount Relationship with subject matter
11: Section EM 7 eligible hedge, fair dividend rate hedge portion, hedge, income
EM 6: Income and expenditure for fair dividend rate hedge portions
Using the formula to calculate income and expenditure
1: A person uses the formula in subsection (2) subsection (3)(b) Formula
2: The formula for determining a person's income and expenditure for their fair dividend rate hedge portions is— FDR portions' value × 0.05 × valuation period ÷ days in the year. Definition of items in formula
3: In the formula,—
a: FDR portions' value
b: valuation period
i: the period described in section EM 1(1)(a)(ii)
ii: the unit valuation period described in section EX 53 (Fair dividend rate method for unit-valuing funds and others by choice):
c: days in the year amount, fair dividend rate hedge portion, income, income year
EM 7: Quarterly test of fair dividend rate hedge portions
Quarterly FDR hedging ratio
1: A person must use the first formula, in subsection (2) First formula
2: The formula for calculating the person's quarterly FDR hedging ratio is— FDR hedges amount ÷ eligible currency assets. Definition of items in formula
3: In the formula in subsection (2)
a: FDR hedges amount
b: eligible currency assets section EM 1(1)(a) and (b) Second formula
4: If a person's quarterly FDR hedging ratio for a quarter is greater than 1.05 and subsection (6) section EM 5 (0.85 ÷ quarterly FDR hedging ratio) × FDR hedge portion. Definition of items in second formula
5: In the formula in subsection (4)
a: FDR hedge portion
b: quarterly FDR hedging ratio Subpart not applied for over-hedging
6: If a person's quarterly FDR hedging ratio is greater than 1.05 on the last day of 2 consecutive quarters, then this subpart will not apply to the person for the next 2 quarters. Subpart EW (Financial arrangements rules) applies. eligible hedge, fair dividend rate hedge portion, hedge, income year, person, quarterly FDR hedging ratio
EM 8: Some definitions
In this subpart,— Australian non-attributing shares
a: are a share in a company resident in Australia at all times in the year when the person holds a right in the company; and
b: are not an attributing interest, because of the application of section EX 31 (Exemption for ASX-listed Australian companies) eligible hedge section EM 3 fair dividend rate hedge portion hedge
a: means 1 or more related financial arrangements that a person enters into with the sole purpose and net effect of offsetting exposure to foreign currency exchange rate movements in the value of their assets, and hedging
b: includes, in a hedge described in paragraph (a) investor interest
a: if the relevant entity is a company, a shareholding that gives the holder an entitlement to a distribution of the proceeds from the entity's investments; or
b: if the relevant entity is not a company, an interest that, under the rules of the entity, gives the holder an entitlement to a proportion of the funds available for distribution of the proceeds from the entity's investments, and that distribution is the same as if the entity were a company and the holder were a shareholder in that company quarterly FDR hedging ratio section EM 7(2)
50: Section EW 8 amended (Election to treat certain excepted financial arrangements as financial arrangements)
1: In section EW 8 Some short-term agreements for sale and purchase acquired in business: election to treat as financial arrangements
2: Replace section EW 8(1) and (2) Who this section applies to
1: This section applies to a person carrying on a business of acquiring short-term agreements for sale and purchase for the purpose of collecting amounts owing, under the agreements, at the time of acquisition. Election
2: The person may choose to treat all such acquired short-term agreements for sale and purchase as financial arrangements.
3: In section EW 8(3) chosen acquired
4: In section EW 8(5) excepted financial arrangements
5: Subsections (2) and (3) apply for a person and an excepted financial arrangement on and after 27 September 2012, except if the person takes a tax position for the excepted financial arrangement, relying on an election made under section EW 8
a: in a return of income received by the Commissioner before 27 September 2012:
b: under a determination or binding ruling made by the Commissioner before 27 September 2012.
51: Section EX 21 amended (Attributable CFC amount and net attributable CFC income or loss: calculation rules)
In section EX 21(13)(f)
a: replace land, except trees land
b: replace Erosion and shelter plantings Plantings for erosion, shelter, and water protection purposes
52: Section EX 50 amended (Attributable FIF income method)
1: Replace section EX 50(4C)(a)
a: the person uses the attributable FIF income method for the foreign company or would be able to use that method in the absence of section EX 35; and
2: Subsection (1) applies for income years beginning on or after 1 July 2011.
53: Section EX 63 amended (Consequences of changes in method)
1: Replace section EX 63(2)(b)
b: reacquired the interest at the start of the period; and
2: Replace section EX 63(3)(b)
b: reacquired the interest at the start of the income year; and
3: Replace section EX 63(4)(b)
b: reacquired the interest at the start of the income year; and
4: Subsections (1) to (3) apply for income years beginning on or after 1 July 2011.
54: New heading and sections EZ 64 to EZ 68 inserted
After section EZ 63 Restructuring under New Zealand Railways Corporation Restructuring Act 1990
EZ 64: New Zealand Railways Corporation restructure: purpose and initial amounts for tax purposes
Purpose
1: The purpose of this section, sections CW 65, EZ 65 to EZ 67, and YC 18C (which relate to the New Zealand Railways Corporation restructure) is to ensure that the Railways vesting gives rise to no tax consequences other than those necessary to account for the vesting of the Railways assets and liabilities from a public authority to a state enterprise. The treatments of KiwiRail Holdings Limited, New Zealand Railways Corporation, and associated companies in those sections also applies for the purposes of the Tax Administration Act 1994. Depreciation
2: For a Railways asset that is depreciable property, KiwiRail Holdings Limited calculates, on and after 31 December 2012, depreciation recovery income and deductions for amounts of depreciation loss as if KiwiRail Holdings Limited had acquired the asset on 31 December 2012 for the amount recorded in a schedule prepared by KiwiRail Holdings Limited for the purposes of this section. Financial arrangements: consideration
3: KiwiRail Holdings Limited is treated as—
a: paying an amount of consideration, for a Railways asset that is a financial arrangement, equal to the amount recorded in KiwiRail Holdings Limited's financial accounts for that arrangement on 31 December 2012:
b: being paid an amount of consideration, for a Railways liability that is a financial arrangement, equal to the amount recorded in KiwiRail Holdings Limited's financial accounts for that arrangement on 31 December 2012. Financial arrangements: overrides
4: Sections EW 38, EW 42, and GB 21 (which relate to financial arrangements) do not apply for the Railways vesting. amount, assessable income, associate, company, consideration, depreciation loss, depreciable property, depreciation recovery income, financial arrangement, pay, public authority, Railways assets and liabilities, Railways vesting, state enterprise
EZ 65: Expenditure or loss incurred, and amounts derived
Expenditure or loss incurred, and amounts derived
1: KiwiRail Holdings Limited and New Zealand Railways Corporation are treated as the same person for the period prior to and including 31 December 2012 for the purpose of determining the following:
a: whether a deduction is allowed for an amount of expenditure or loss incurred by KiwiRail Holdings Limited in connection with the Railways assets or liabilities:
b: the amount of any deduction of KiwiRail Holdings Limited in connection with the Railways assets or liabilities:
c: whether an amount derived by KiwiRail Holdings Limited in connection with the Railways assets or liabilities is income:
d: the amount of any income of KiwiRail Holdings Limited in connection with the Railways assets or liabilities. Treatment of New Zealand Railways Corporation
2: For the purposes of subsection (1), New Zealand Railways Corporation is treated as if it was a company that was not a public authority. amount, company, deduction, income, public authority, Railways assets and liabilities
EZ 66: Prepayments
Deduction
1: KiwiRail Holdings Limited has, for the 2012–13 income year, a deduction under section DB 50 (Adjustment for prepayments) for an unexpired portion that is connected with a Railways asset or liability, as described in subsection (2). Unexpired portion
2: For the purposes of subsection (1), the unexpired portion
a: 30 December 2012 as the end of an income year; and
b: New Zealand Railways Corporation as a taxpayer with a deduction for the expenditure, if that expenditure is described in section EA 3(1). Future application of section EA 3
3: For the 2012–13 income year and later income years, section EA 3 applies to KiwiRail Holdings Limited as if it had been allowed a deduction for expenditure to which subsection (1) applies. deduction, income year, Railways asset, Railways liability, taxpayer
EZ 67: Leased assets
Allocation of expenditure
1: KiwiRail Holdings Limited calculates, for the 2012–13 income year, an expenditure allocation under section EJ 10 (Personal property lease payments) for a personal property lease payment that is connected with a Railways asset or liability as if 31 December were the start of the 2012–13 income year. Future application of section EJ 10
2: For the 2013–14 income year and later income years, section EJ 10 applies to KiwiRail Holdings Limited as if, for the period up to and including 31 December 2012, New Zealand Railways Corporation and KiwiRail Holdings Limited were the same person. deduction, income year, personal property lease payment, Railways assets and liabilities
EZ 68: Definitions
In sections EZ 64 to EZ 67,— asset
a: means property of any kind, whether or not situated in New Zealand, whether tangible or intangible, real or personal, corporeal or incorporeal, and whether or not subject to rights; and
b: includes—
i: land, including legal and equitable rights of occupation of land or buildings:
ii: buildings, vehicles, plant equipment, machinery, fixtures and fittings, and legal and equitable rights in them:
iii: choses in action and money:
iv: legal and equitable rights of any kind, and applications, objections, submissions, and appeals in respect of those rights:
v: intellectual property and applications pending for intellectual property:
vi: goodwill, and any business undertaking legal and equitable rights liabilities Railways assets and liabilities Railways assets Railways liabilities Railways vesting asset, land, legal and equitable rights, liabilities, New Zealand, Railways assets and liabilities, Railways vesting
55: Section FB 15 replaced (Specified livestock valued under herd scheme)
Replace section FB 15
FB 15: Specified livestock valued under herd scheme
If specified livestock is transferred on a settlement of relationship property and the specified livestock is valued under the herd scheme by the transferor, then sections EC 4B and EC 4C herd scheme, settlement of relationship property, specified livestock
56: Section FM 31 amended (Eligibility rules)
In section FM 31(1)(g) subsections (5) and (6) do not subsection (6) does not
57: Section FN 4 amended (Eligibility rules)
In section FN 4(1)(g) subsections (4) and (5) do not subsection (5) does not
58: Section GB 24 amended (Exemption for genuine contracts)
Replace section GB 24(2)(h)
h: no part of the income or share of profits derived by the relative, or company of which the relative is a shareholder or director, is either a disposition without fully adequate consideration in money or money's worth passing to the person making the disposition or a disposition that any part of does not have fully adequate consideration in money or money's worth passing to the person making the disposition.
59: Section GC 5 amended (Leases for inadequate rent)
1: After section GC 5(1) When this section does not apply
1B: This section does not apply when the property is an asset to which subpart DG
2: In section GC 5 asset
3: Subsection (1) applies for the 2013–14 and later income years for an item of property referred to in section DG 3(2)(a)(i) section DG 3(2)(a)(ii) and (iii)
60: Section HA 33 amended (Revocation of shareholders' elections: by event)
1: In section HA 33(1)(c) sections HA 28 and HA 29 apply, section HA 28(b) applies, or section HA 29 applies and the election is made in accordance with section HA 28(b),
2: Subsection (1) applies for the 2008–09 and later income years.
61: Section HG 2 amended (Partnerships are transparent)
In section HG 2 rebate
62: Section HG 3 amended (General provisions relating to disposals)
After section HG 3(3) entering partner, exiting partner, partner, partnership, return of income, small partnership
63: Section HM 12 amended (Income types)
In section HM 12(1)(b)(ix) policy). policy):
x: a rebate on a management fee.
64: Section HM 19C amended (Modified rules for foreign investment variable-rate PIEs)
In section HM 19C(1) HM 11(1)(a) and (d) HM 11(1)(a) and (b)
65: Section HM 37 amended (When income cannot be attributed)
1: Replace section HM 37(2)
2: The PIE is treated for the purposes of sections HM 35 and HM 36 (which relate to the calculation of amounts attributable to investors) as the sole investor in an investor class having an interest in the income or property.
2: After section HM 37(2) Exception for foreign investment PIE
3: In the application, under subsection (2), of section HM 36 to a foreign investment PIE, the item deductions in the formula in section HM 35(2) for the investor class consisting of the PIE is treated as being the amount calculated using the formula— (other than notified interests ÷ total interests) × unadjusted item. Definition of items in formula
4: In the formula,—
a: other than notified interests
b: total interests
c: unadjusted item
66: Section HM 60 amended (Notified investor rates)
1: Replace section HM 60(3)
3: For an investor for an income year, a multi-rate PIE must apply the most recent notified investor rate to every day in the calculation period beginning with—
a: the later of—
i: the day after the day on which the multi-rate PIE receives the notice:
ii: the first day of the calculation period for which the notified investor rate is supplied; or
b: the first day of the calculation period in which the multi-rate PIE receives the notice.
2: In section HM 60(3B) the period a period
3: After section HM 60(3B) Exception for 2010–11 income year
3C: For the 2010–11 income year, a multi-rate PIE,—
a: for a day before 1 October 2010, may apply a notified investor rate corresponding to the most recent notified investor rate, ignoring the Taxation (Budget Measures) Act 2010:
b: for a day on or after 1 October 2010, must apply the most recent notified investor rate on or after 1 October 2010. Consistent application of rates
3D: In applying notified investor rates, a multi-rate PIE must use the same approach under subsections (3) and (3C) for all investors for an income year.
4: Subsections (1), (2), and (3) apply for the 2010–11 and later income years.
67: New section IQ 2C inserted (Effect of FIF net loss if attributed FIF income method not available)
1: After section IQ 2B
IQ 2C: Effect of FIF net loss if attributed FIF income method not available
When this section applies
1: This section applies for a person and a country (the jurisdiction
a: the person has an amount (the available BE loss
i: relating to a tax year (the loss year
ii: relating to a FIF that is resident in the jurisdiction in the loss year; and
iii: carried forward to a tax year (the current year
b: the person is not able to use the attributable FIF income method in the current year for the person's interest in the FIF; and
c: the person would be able to use the attributable FIF income method in the current year for the person's interest in the FIF if the interest met the requirements of section EX 46(3)(a)(ii) (Limits on choice of calculation methods); and
d: the person does not have an income interest of 10% or more in a CFC in the jurisdiction in the current year; and
e: the person does not have an attributing interest in a FIF in the jurisdiction in the current year for which the person can use the attributable FIF income method. Use of FIF net loss
2: The person's available BE loss is available to be subtracted from the person's FIF income, to the extent of the FIF income, in the current year from the FIF, if the FIF is resident in the jurisdiction in the current year. Treatment of surplus
3: If the person cannot use all of the available BE loss in the current year, the surplus is available to be carried forward for use under subsection (2) in another tax year. amount, attributable FIF income method, attributing interest, branch equivalent method, CFC, FIF, FIF income, FIF net loss, income interest, tax year
2: Subsection (1) applies for income years beginning on or after 1 July 2011.
68: Section LA 6 amended (Remaining refundable credits: PAYE, RWT, and certain other items)
1: In section LA 6(1)(f) PIEs). PIEs):
g: section LS 2 (Tax credits for investors in multi-rate PIEs), and the person is not a natural person or is a natural person having the tax credit as a beneficiary of a trust:
h: section LS 3 (Tax credits for zero-rated investors), and the person is not a natural person or is a natural person having the tax credit as a beneficiary of a trust:
i: section LS 4 (Tax credits for certain exiting investors), and the person is not a natural person or is a natural person having the tax credit as a beneficiary of a trust.
2: In section LA 6
69: Section LH 17 amended (Some definitions)
In section LH 17
70: Section LK 1 amended (Tax credits relating to attributed CFC income)
1: Replace section LK 1(1)(d)
d: the amount of foreign income tax paid by the person in relation to the CFC from which the income is derived:
e: the amount of foreign tax paid, under legislation of another country or territory that is equivalent of the international tax rules, by a foreign company in relation to income derived by the CFC.
2: Subsection (1) applies for the 2008–09 and later income years.
71: Section LP 2 amended (Tax credits for supplementary dividends)
In section LP 2(7) Relationship with section OZ 12
72: Section LP 5 amended (Application of benchmark dividend rules and imputation credit ratio)
In section LP 5(3) Relationship with section OZ 12
73: Section LP 8 amended (Relationship with exempt income rules)
In section LP 8(5) Relationship with section OZ 12
74: Sections LZ 2 to LZ 5 repealed
1: Repeal sections LZ 2 to LZ 5
2: Subsection (1) applies for the 2013–14 and later income years.
75: Section MB 1 amended (Adjustments for calculation of family scheme income)
In section MB 1(2)(a) CW 28(1)(e) CW 28(2)(a)
76: New section MB 7B inserted (Family scheme income from employment benefits: employees not controlling shareholders)
After section MB 7
MB 7B: Family scheme income from employment benefits: employees not controlling shareholders
When this section applies
1: This section applies for the purpose of determining the amount that represents the family scheme income of a person to whom section MB 8 does not apply for an income year when the person has an employer who makes available—
a: a motor vehicle for the person's private use when, under the terms of the person's employment, the person would be entitled to a greater amount of employment income should the person choose, or have chosen, not to receive the benefit of the motor vehicle:
b: a short-term charge facility as defined in section CX 25(3) (Benefits provided by charitable organisations). What is included in family scheme income
2: The person's family scheme income for the income year includes an amount equal to the total for the person and the income year of amounts, each of which is—
a: the amount by which the employment income of the person would be greater in the absence of a benefit referred to in subsection (1)(a):
b: the value, including fringe benefit tax, of a fringe benefit provided to the person under a short-term charge facility referred to in subsection (1)(b), if the total value of such fringe benefits, not including fringe benefit tax, provided in the income year is more than the lesser for the income year of—
i: 5% of the employee's salary or wages:
ii: $1,200. amount, employee, employer, employment, employment income, family scheme income, fringe benefit, fringe benefit tax, income year, motor vehicle, private use, salary or wages, short-term charge facility
77: Section MB 8 amended (Family scheme income from fringe benefits)
In section MB 8 Family scheme income from fringe benefits: controlling shareholders
78: Section MD 16 amended (Calculation of parental tax credit abatement)
In section MD 16
79: Section ME 3 amended (Meaning of net family scheme income)
1: In section ME 3(3)(a)(i) net income under section MB 1 (Adjustments for calculation of family scheme income) family scheme income
2: In section ME 3 family scheme income
3: Subsections (1) and (2) apply for the 2013–14 and later tax years.
80: Section OB 71 amended (Imputation additional tax on leaving wholly-owned group)
In section OB 71(5)(a)(ii) RM 2, and RM 4 to RM 6 RM 2, RM 4, and RM 5
81: Section OB 72 amended (Imputation additional tax on joining wholly-owned group)
In section OB 72(6)(a)(ii) RM 2 and RM 4 to RM 6 RM 2, RM 4, and RM 5
82: Section OB 72B amended (Limit on using entitlement to refund after joining wholly-owned group)
1: In section OB 72B(3)(a)(ii) RM 2 and RM 4 to RM 6 RM 2, RM 4, and RM 5
2: In section OB 72B(6) RM 2 and RM 4 to RM 6 RM 2, RM 4, and RM 5
83: Section OP 6 amended (Provisions applying to consolidated imputation groups)
In section OP 6(7) sections RM 2 or RM 4 to RM 6 section RM 2, RM 4, or RM 5
84: Section RD 39 amended (Benefits provided by charitable organisations)
1: After section RD 39(1)(a)
ab: the amount that the organisation pays for or towards consideration, other than money or money's worth, for goods and services obtained by the employee under the short-term charge facility:
2: In section RD 39(1)(b) goods and services or obtaining other consideration for the goods and services
3: In section RD 39(2)(c) no more than the lesser of $1,200 and
4: In section RD 39(3) more than the lesser of $1,200 and
5: In section RD 39(4) paragraph (a) or (b) of paragraph (a) and (b)
85: Section RD 54 amended (Value of and payments towards fringe benefits)
In section RD 54(2) the amount paid the lesser of the value of the benefit and the amount paid
86: Section RD 60 amended (Close company option)
1: In section RD 60(1)(a) for the tax year for the tax year, as modified by section RA 20(2) (Amalgamation of companies),
2: Subsection (1) applies for the 2008–09 and later income years.
87: Section RM 2 amended (Refunds for overpaid tax)
1: In section RM 2(1)
b: the Commissioner is satisfied, or receives notice, that the person is entitled to the refund before the end of—
i: the 4-year period under section 108 of the Tax Administration Act 1994 for amendment of an assessment, if subparagraph (ii) does not apply; or
ii: the extended period allowed by the Commissioner under section 78B of that Act, if the Commissioner exercises the discretion under that section.
2: Repeal section RM 2(2)
3: Subsections (1) and (2) apply to overpayments for the 2013–14 and later tax years.
88: Section RM 4 amended (Overpayment on amended assessment)
1: In section RM 4(1)(c) at the end of the income year from the end of the tax year
2: Repeal section RM 4(2)
3: In section RM 4
a: delete income year
b: insert tax year
4: Subsections (1), (2), and (3) apply to overpayments for the 2013–14 and later tax years.
89: Section RM 6 repealed (Refunds after 4-year period ends)
1: Repeal section RM 6
2: Subsection (1) applies to overpayments for the 2013–14 and later tax years.
90: Section RM 10 amended (Using refund to satisfy tax liability)
In section RM 10(1) RM 2 and RM 4 to RM 6 RM 2, RM 4, and RM 5
91: Section RM 13 amended (Limits on refunds for ICA companies)
In section RM 13(1)(a) RM 2 and RM 4 to RM 6 RM 2, RM 4, and RM 5
92: Section RM 17 amended (Treatment of further income tax paid)
In section RM 17(1) RM 2 and RM 4 to RM 6 RM 2, RM 4, and RM 5
93: Section RM 22 amended (Limits on refunds for Maori authorities)
In section RM 22(1) RM 2 and RM 4 to RM 6 RM 2, RM 4, and RM 5
94: Section RM 23 amended (Limits on refunds when Maori authority stops being Maori authority)
In section RM 23(1) sections RM 2 or RM 4 to RM 6 section RM 2, RM 4, or RM 5
95: Section RM 26 amended (Treatment of further income tax paid)
In section RM 26(1) RM 2 and RM 4 to RM 6 RM 2, RM 4, and RM 5
96: Section RM 28 amended (Limits on refunds for PCA persons)
In section RM 28(1) RM 2 and RM 4 to RM 6 RM 2, RM 4, and RM 5
97: Section RM 33 amended (Limits on refunds for certain unit trusts and group investment funds)
In section RM 33(1)(a) sections RM 2 or RM 4 to RM 6 section RM 2, RM 4, or RM 5
98: Section YA 1 amended (Definitions)
1: Repeal the definition of accident compensation payment for attendant care
2: In the definition of asset
ab: is defined in section DG 3 subpart DG sections CC 1(2B) and CW 8B
3: In the definition of asset mining) mining):
c: is defined in section EZ 68 (Definitions) for the purposes of sections EZ 64 to EZ 67 (which relate to New Zealand Railways Corporation restructure)
4: Insert, in appropriate alphabetical order: asset value section DG 11(8) subpart DG
5: Insert, in appropriate alphabetical order: Australian non-attributing shares section EM 8 subpart EM
6: Replace the definition of bonus issue bonus issue
7: Replace the definition of bonus issue bonus issue
a: the issue or subdivision of shares in a company, or the giving of credit for or forgiveness of an amount unpaid on any shares in a company, if the company receives no consideration for the issue, subdivision, crediting, or forgiveness other than the shareholder choosing not to receive an amount as an alternative to the issue or subdivision:
b: the issue of shares under a profit distribution plan
8: In the definition of capital contribution
iii: is not income of the recipient, ignoring sections CC 1B and CG 8; and
9: Replace the definition of capital contribution
iv: is paid, under the express terms and conditions of the agreement, as a contribution for capital contribution property; and
10: Insert, in appropriate alphabetical order: capital contribution property
a: depreciable property owned or to be acquired by the recipient:
b: an improvement for which expenditure is or would be deductible for the recipient under section DO 4, DO 11
c: a listed horticultural plant or land for which expenditure is or would be deductible for the recipient under section DO 5 or DO 6 (which relate to horticultural expenditure on land):
d: a listed horticultural plant or land to the extent to which some but not all expenditure for replacement plants is deductible under section DO 6
11: Insert, in appropriate alphabetical order: class closing animal balance section EC 8(4)
12: Insert, in appropriate alphabetical order: debt value section DG 11(9) subpart DG
13: Insert, in appropriate alphabetical order: descendant section EC 4B(7)
14: Insert, in appropriate alphabetical order: descended associate section EC 4B(7)
15: Repeal the definition of development investments
16: Insert, in appropriate alphabetical order: eligible hedge section EM 8 subpart EM
17: Insert, in appropriate alphabetical order: fair dividend rate hedge portion section EM 8 subpart EM
18: In the definition of FDP rules
19: Insert, in appropriate alphabetical order: hedge hedging section EM 8 subpart EM
20: Insert, in appropriate alphabetical order: interest expenditure section DG 5 subpart DG
21: Replace the definition of investor interest investor interest
a: for an investor in a portfolio investment entity, means an interest in the entity that gives the holder an entitlement to a distribution of proceeds from the entity's investments:
b: is defined in section EM 8 subpart EM
22: In the definition of land provisions
bb: section EI 4B (Consideration for agreement to grant, renew, extend, or transfer leasehold estate or licence):
23: Insert, in appropriate alphabetical order: legal and equitable rights
24: Insert, in appropriate alphabetical order: liabilities
25: In the definition of market value
bb: is defined in section DG 3(4) subpart DG
26: Insert, in appropriate alphabetical order: net asset balance section DG 11(7)
27: In the definition of New Zealand superannuation
28: In the definition of New Zealand superannuitant
29: In the definition of non-refundable tax credit
fb: a tax credit under sections LS 2, LS 3(2), and LS 4(2) (which relate to multi-rate PIEs and certain of their investors), if the person having the tax credit is a natural person not having the tax credit as a beneficiary of a trust:
30: In the definition of non-refundable tax credit (which relate to multi-rate PIEs and certain of their investors)
31: Repeal the definition of non-resident investment company
32: In the definition of ownership interest sections YC 18B sections YC 18B, YC 18C
33: Replace the definition of private use private use
a: for a motor vehicle, is defined in section CX 36 (Meaning of private use):
b: for the purposes of subpart DG section DG 4
34: Insert, in appropriate alphabetical order: quarterly FDR hedging ratio section EM 8 subpart EM
35: Insert, in appropriate alphabetical order: Railways assets
36: Insert, in appropriate alphabetical order: Railways assets and liabilities
37: Insert, in appropriate alphabetical order: Railways liabilities
38: Insert, in appropriate alphabetical order: Railways vesting
39: In the definition of refundable tax credit investors) , if the person with the tax credit is not a natural person or is a natural person having the tax credit as a beneficiary of a trust
40: In the definition of significant capital activity land, except trees land
41: Replace the definition of veteran's pension veteran's pension
42: Subsection (6) applies for the 2008–09 and later tax years.
43: Subsection (18) applies for the 2008–09 and later income years.
44: Subsections (9), (10), and (40) apply for the 2011–12 and later income years.
45: Subsections (2), (4), (12), (20), (25), (26), and (33) apply for the 2013–14 and later income years for an item of property referred to in section DG 3(2)(a)(i) section DG 3(2)(a)(ii) and (iii)
46: Subsections (15) and (31) apply for the 2013–14 and later income years.
99: Section YB 11 amended (Trustee and person with power of appointment or removal)
1: Replace section YB 11 Association
1: A trustee of a trust and a person who has a power of appointment or of removal of the trustee are associated persons. Exclusion
2: This section does not apply if the person—
a: holds the power as a provider of professional services; and
b: is a member of an approved organisation, as that term is defined in section 3(1) of the Tax Administration Act 1994, for such providers of professional services; and
c: has not benefited from the trust; and
d: is not eligible to benefit from the trust.
2: Subsection (1) applies for the purposes of—
a: provisions other than the land provisions, for the 2010–11 and later income years:
b: the land provisions other than section CB 11
c: section CB 11
100: Section YB 14 amended (Tripartite relationship)
1: After section YB 14(3) Applying test to limited partnership
4: For the purpose of applying subsection (1), a limited partnership is treated as being a company.
2: In section YB 14 limited partnership
3: Subsection (1) applies for the purposes of—
a: provisions other than the land provisions, for the 2010–11 and later income years:
b: the land provisions other than section CB 11
c: section CB 11
101: New section YC 18C inserted (Railways restructure not affecting Crown economic ownership)
After section YC 18B
YC 18C: Railways restructure not affecting Crown economic ownership
When this section applies
1: This section applies for New Zealand Railways Corporation, KiwiRail Holdings Limited, and any company that, immediately after the Railways vesting, is in the same wholly-owned group as KiwiRail Holdings Limited for the purposes of the tests of ownership and control in:
a: Parts I and O (which relate to losses and memorandum accounts):
b: the consolidation rules:
c: the amalgamation rules. Loss balance, credit account, and restructuring continuity
2: Starting from when New Zealand Railways Corporation is first treated as having a notional single person under section YC 5, KiwiRail Holdings Limited is treated as—
a: existing and having the same notional single person under section YC 5 that KiwiRail Holdings Limited has immediately after the Railways vesting:
b: holding the ownership interests in other companies that New Zealand Railways Corporation held before the Railways vesting. No notice requirement for joining consolidated group
3: KiwiRail Holdings Limited may choose to join an existing consolidated group on and after 31 December 2012, despite section FM 38 (Notice requirements on forming or joining consolidated group). Effect of subsection (2)
4: Subsection (2) does not prevent a change in shareholders, notional single person, the holdings of ownership interests, or other circumstances occurring after the Railways vesting. Definitions
5: In this section,— ownership interest Railways vesting amalgamation rules, consolidation rules, consolidated group, ownership interest, Railways vesting, shareholder, wholly-owned group
102: Schedule 3 amended (Payment of provisional tax and terminal tax)
1: In schedule 3 RC 9
2: Subsection (1) applies for the 2008–09 income year and later income years.
103: Schedule 17 amended (Types and classes of livestock)
1: In schedule 17
a: replace Friesian and related breeds Friesian and related breeds, Jersey, and other dairy breeds
b: delete Jersey and other dairy breeds
c: delete Red deer
d: replace Wapiti, elk, and related crossbreeds Red deer, wapiti, elk, and related crossbreeds
2: Subsection (1) applies for the 2014–15 and later income years. For the purposes of section EC 8(3)
104: Schedule 20 amended (Expenditure on farming, horticultural, aquacultural, and forestry improvements)
1: In schedule 20
a: replace 6 5
b: replace 12 10
c: replace 24 20
2: Subsection (1) applies for an improvement made on or after the first day of the 2013–14 income year. Section 104(2) replaced 24 February 2016 section 300 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016
105: Schedule 32 amended (Recipients of charitable or other public benefit gifts)
1: In schedule 32 Fund for Timor OneSight New Zealand The Hunger Project New Zealand
2: Subsection (1) applies for the 2013–14 and later income years.
2: Amendments to other Acts
Amendments to Tax Administration Act 1994
106: Tax Administration Act 1994
Sections 107 to 118 Tax Administration Act 1994 2013-07-17 Tax Administration Act 1994 see s 2(1), (5), (9), (24) 2013-09-01 Tax Administration Act 1994 Sections 108 and 109 come into force immediately after the items relating to the Tax Administration Act 1994 in the Schedule of the Search and Surveillance Act 2012 come into force (see s 2(27)). Those items come into force on 1 September 2013 by SR 2013/302. 2014-04-01 Tax Administration Act 1994 see s 2(26)
107: Section 2 amended (Purpose of Act)
Repeal section 2(4)
108: Section 16 amended (Commissioner may access premises to obtain information)
1: In section 16(2) section 103(3)(b)(ii) sections 103(3)(b)(ii) and 103(7)
2: Repeal section 16(5)
3: In section 16(6A) sections 118 sections 102, 103(3)(b)(ii), 103(4)(g), 103(7), 115(1)(b), 118
109: Section 16C amended (Power to remove and retain documents for inspection)
1: Repeal section 16C(3)
2: In section 16C(8) sections 118 sections 102, 103(3)(b)(ii), 103(4)(g), 103(7), 115(1)(b), 118
110: New section 30D inserted (Statements to shareholders when certain assets held by companies)
After section 30C
30D: Statements to shareholders when certain assets held by companies
1: This section applies for an income year to a company to which 1 or more of sections DG 11 to DG 19
2: The company must provide the following information, as applicable, to every shareholder of the company for the income year to enable the shareholder to calculate the amount of a deduction that may be allowed for the income year in relation to an asset to which subpart DG
a: their share of a net asset balance for the income year:
b: their share of an outstanding profit balance for the income year:
c: other necessary information for the income year.
111: Section 31C amended (Notification requirements for multi-rate PIEs)
After section 31C(8)
9: A notice required by this section may be given electronically to—
a: the investor, if the investor agrees to have the notice given in that way:
b: a person authorised to act on behalf of the investor, if the person and the investor agree to have the notice given in that way.
112: Section 41A amended (Returns by persons with tax credits for charitable or other public benefit gifts)
1: Replace section 41A(6)
6: A taxpayer may apply for a refund for the tax year in which the gift is made in the 4-year period beginning with—
a: the 1 April following the end of the taxpayer's income year corresponding to the tax year, if the taxpayer has a standard balance date or an earlier balance date; or
b: the day after the end of the taxpayer's income year corresponding to the tax year, if the taxpayer has a late balance date.
2: Subsection (1) applies to applications made in the 2014–15 and later tax years.
113: Section 91C amended (Taxation laws in respect of which binding rulings may be made)
1: In section 91C(1)(f) (a) to (eb) (a) to (ec)
2: In section 91C(1)(f)(i) (e) or (eb) (e), (eb), or (ec)
114: Section 120C amended (Definitions)
In section 120C(1) date interest starts a GST refund a GST refund, other than a refund for a non-resident person who is registered under section 54B of the Goods and Services Tax Act 1985
115: Section 125 amended (Certain rights of objection not conferred)
In section 125(j)(iii) RM 6,
116: Section 138E amended (Certain rights of challenge not conferred)
In section 138E(1)(e)(iii) RM 6,
117: Section 140C repealed (Transitional imputation penalty tax payable in some circumstances)
Repeal section 140C
118: Section 184 amended (Refund of tax paid on income subsequently exempted by Order in Council)
In section 184 RM 4 to RM 6 RM 4, RM 5 Amendments to Goods and Services Tax Act 1985
119: Goods and Services Tax Act 1985
Sections 120 to 146 Goods and Services Tax Act 1985 2013-07-17 Goods and Services Tax Act 1985 See s 2(1), (4), (22), (23), (24) & (25) 2014-04-01 Goods and Services Tax Act 1985 See s 2(26)
120: Section 2 amended (Interpretation)
1: In section 2(1) prize competition
a: for which direct or indirect consideration is paid to a person for conducting the scheme or competition; and
b: that distributes prizes of money or in which participants seek to win money; and
c: for which the result is determined—
i: by the performance of the participant of an activity of a kind that may be performed more readily by a participant possessing or exercising some knowledge or skill; or
ii: partly by chance and partly by the performance of an activity as described in subparagraph (i)
2: In section 2(1) Railways assets and liabilities, Railways assets Railways liabilities
3: In section 2(1) Railways vesting
121: Section 5 amended (Meaning of term supply)
1: Before section 5(4)
3B: For the purposes of this Act, when a person who is a non-resident ceases to be a registered person,—
a: any goods that are part of the assets of the taxable activity carried on by the person that are present in New Zealand at the time the person ceases to be registered are treated as supplied by the person in the course of the taxable activity at a time immediately before the person ceases to be registered:
b: any services that would be performed in New Zealand as part of the taxable activity carried on by the person at the time the person ceases to be registered are treated as performed by the person in the course of the taxable activity at a time immediately before the person ceases to be registered.
2: Replace section 5(10)
10: For the purposes of this Act, an amount of money paid by a person to participate in gambling (including a New Zealand lottery) or in a prize competition is treated as a payment for a supply of services by the following:
a: for gambling, by the person, society, licensed promoter, or organiser who under the Gambling Act 2003 conducts the gambling:
b: for a prize competition, by the person who conducts the prize competition.
122: Section 9 amended (Time of supply)
Replace section 9(2)(e)
e: if the supply is made under section 5(10),—
i: for an amount of money paid by a person to participate in gambling (including a New Zealand lottery), on the date on which the first drawing or determination of a result commences, but this subparagraph does not apply to an instant game that is a New Zealand lottery gambling
ii: for an amount of money paid by a person to participate in a prize competition on the date on which the first drawing or determination of the prize competition commences:
123: Section 10 amended (Value of supply of goods and services)
Replace section 10(14)
14: If a supply of services is treated as having been made under section 5(10) amounts received − prizes where— (a) amounts received
i: for gambling, by the person, society, licensed promoter, or organiser who under the Gambling Act 2003 conducts the gambling:
ii: for a prize competition, by the person who conducts the prize competition: (b) prizes
124: Section 10 amended (Value of supply of goods and services)
In section 10(7A) section 5(3) section 5(3) and (3B)
125: Section 11 amended (Zero-rating of goods)
In section 11(1)(o)(ii) section 11A(1)(s) or (t). section 11A(1)(s) or (t); or
p: the goods are—
i: jigs, patterns, templates, dies, punches, and similar machine tools to be used in New Zealand solely to manufacture goods that will be for export from New Zealand; and
ii: supplied to a recipient who is a non-resident, and is not registered.
126: Section 19 amended (Accounting basis)
After section 19(1)
1B: Despite subsection (1), if the Commissioner registers a non-resident person under section 54B
127: Section 19A amended (Requirements for accounting on payments basis)
1: Repeal section 19A(1)(a)(ii)
2: After section 19A(1)(iii)
iv: a non-resident; or
128: Section 19AB repealed (Local authorities accounting on payments basis on and after 1 July 2001)
Repeal section 19AB
129: Section 19C amended (Tax payable, or refund, where change in accounting basis)
In section 19C(1) section 19 or section 19A section 19, 19A, or 87
130: Section 20 amended (Calculation of tax payable)
1: After section 20(3)(h)
hb: an amount calculated in accordance with section 20G
2: In section 20(3C) subsection (3D) does subsections (3D) or (3L)
3: In section 20(3J)(b) sections 21 to 21H sections 20G
4: After section 20(3J)
3JB: For a supply to which section 20G
a: on acquisition,—
i: identify the nominal amount of tax that would be chargeable on the value of the supply, as if the value were equal to the consideration charged for the supply, at the rate set out in section 8(1):
ii: determine the extent to which they intend to use the goods, as described in subsection (3G); and
iii: account for input tax for the amount calculated under subsections (3G) and (3H); and
b: make adjustments under section 20G(4) and (5) paragraph (a)
5: In section 20(3K) a non-profit body a non-profit body that is resident in New Zealand
6: After section 20(3K)
3L: For the purposes of subsection (3), for a non-resident person who is registered under section 54B, input tax may be deducted only to the extent to which the goods or services are used for, or are available for use in, making taxable supplies, treating all the supplies made by the person as if they were made and received in New Zealand.
3M: Despite subsection (3L), a non-resident person who is registered under section 54B and who principally makes supplies of financial services may, for the purposes of calculating the amount of input tax, choose to use a fair and reasonable method of apportionment agreed with the Commissioner, as set out in subsection (3E).
7: Subsections (1), (3), and (4) apply in relation to supplies of goods other than land or improvements to land made on or after 1 April 2014. For supplies of land or improvements to land, subsections (1), (3), and (4) apply from the date on which this Act receives the Royal assent.
131: New section 20G inserted (Treatment of supplies of certain assets)
1: After section 20F
20G: Treatment of supplies of certain assets
1: A registered person who uses an asset described in section DG 3 section 20(3)(hb) input tax for asset × total income-earning days
2: In the formula,—
a: input tax for asset
i: related solely to the income-earning use of the asset as described in section DG 7
ii: related solely to the private use of the asset, as that term is defined in section DG 4
b: total income-earning days
i: the use made of the asset is described in section DG 4(3) to (5) of that Act:
ii: the asset has become unavailable for use because another person who had earlier reserved the asset for their own use, subsequently did not take advantage of that reservation:
iii: a fringe benefit tax liability arises:
c: total private days section DG 3(7) paragraph (b)
3: A unit of measurement of time other than days, whether relating to hours, or nights, or anything else is to be used in the formula and in subsection (2)(b) and (c)
4: The person must ascertain at the end of an adjustment period whether an adjustment is required to be made for any percentage difference in a supply of the asset for the period in relation to the actual use of the asset for making taxable supplies.
5: If an adjustment is required, the person must, at the end of the adjustment period,—
a: identify the percentage actual use of the asset in accordance with the formula in subsection (1)
b: compare the percentage actual use with percentage intended use as described in section 20(3JB)
c: if a percentage difference arises, make an adjustment for any percentage difference for the adjustment period, applying section 21D(3) to the resulting amount.
6: For the purposes of subsection (5)
7: Sections 8 and 21F apply to the disposal of the asset, treating the disposal as in the course or furtherance of a taxable activity.
8: For the purposes of this section, a registered person does not include a widely-held company, as that term is defined in section YA 1 of the Income Tax Act 2007.
2: Subsection (1) applies in relation to supplies of goods other than land or improvements to land made on or after 1 April 2014. For supplies of land or improvements to land, subsection (1) applies from the date on which this Act receives the Royal assent.
132: Section 21B amended (Adjustments when person or partnership becomes registered after acquiring goods and services)
1: In section 21B(2) sections 21 and 21A sections 20G
2: Subsection (1) applies in relation to supplies of goods other than land or improvements to land made on or after 1 April 2014. For supplies of land or improvements to land, subsection (1) applies from the date on which this Act receives the Royal assent.
133: Section 21D amended (Calculating amount of adjustment)
1: In section 21D(3) subsection (1) subsection (1) and section 20G
2: In section 21D(3)(a) section 20(3)(e) section 20(3)(e) or (hb)
3: Subsections (1) and (2) apply in relation to supplies of goods other than land or improvements to land made on or after 1 April 2014. For supplies of land or improvements to land, subsections (1) and (2) apply from the date on which this Act receives the Royal assent.
134: Section 21G amended (Definitions and requirements for apportioned supplies and adjustment periods)
1: In section 21G(1) 20(3H), 20(3H), 20G
2: In section 21G(2) sections 21 sections 20G
3: In section 21G(4) section 21A sections 20G
4: Subsections (1), (2), and (3) apply in relation to supplies of goods other than land or improvements to land made on or after 1 April 2014. For supplies of land or improvements to land, subsections (1), (2), and (3) apply from the date on which this Act receives the Royal assent.
135: Section 26 amended (Bad debts)
After section 26(2)
3: This section does not apply when the taxable supply is one made by a principal to an agent as described in section 60(1B)(a) section 60(1B)(b)
136: Section 46 amended (Commissioner's right to withhold payments)
After section 46(1)
1B: For the purposes of subsections (1)(a), (4)(a), and (5), when a registered person is non-resident, the reference to a 15-day period is treated as a reference to a 90-day period following the day on which the registered person's return was received by the Commissioner.
137: Section 51 amended (Persons making supplies in course of taxable activity to be registered)
In section 51(4)(a) or subsection (3) , (3), or section 54B
138: Section 51B amended (Persons treated as registered)
After section 51B(1)(c)
d: a non-resident person referred to in section 54B(2).
139: Section 53 amended (Registered person to notify change of status)
In section 53(1)(c) , if in category C,
140: Section 52 amended (Cancellation of registration)
In section 52(7) for a person who is a non-resident for a non-resident person who is not registered under section 54B
141: New sections 54B and 54C inserted
After section 54
54B: Non-residents: registration
1: Despite section 51(3), the Commissioner may register a person who is a non-resident and has not become liable to be registered under section 51(1) if the Commissioner is satisfied that the person meets the following requirements:
a: the person—
i: is registered for a consumption tax in the country or territory in which they are resident; or
ii: if the country or territory in which the person is resident does not have a consumption tax, or has a consumption tax that does not apply to the person's activities, is carrying on a taxable activity, and has a level of taxable activity in a country or territory that would render them liable to be registered under section 51(1) if they were carrying out the taxable activity in New Zealand; and
b: the amount of the person's input tax for the first taxable period after the date of registration in New Zealand is likely to be more than $500; and
c: the person's taxable activity does not involve a performance of services in relation to which it is reasonably foreseeable that the performance of the services will be received in New Zealand by a person who is not a registered person; and
d: the person—
i: is not carrying on a taxable activity in New Zealand, or intending to carry on a taxable activity in New Zealand; and
ii: is not, and does not intend to become, a member of a group of companies that is carrying on a taxable activity in New Zealand.
2: If a non-resident person who is registered under this section starts making taxable supplies, or becomes a member of a group of companies that is making taxable supplies, they are treated as registered on the date specified by the Commissioner under subsection (1), and not being registered under this section from the date on which they start making taxable supplies or the date on which they join the group, as applicable.
3: For timing purposes, the following days are treated as the end of a taxable period:
a: the day on which a person ceases to be eligible to be registered under this section:
b: the day on which a person who is otherwise registered becomes registered under this section.
54C: Non-residents: cancellation of registration
1: Section 52 applies to the cancellation of registration of a non-resident person registered under section 54B
2: The Commissioner may, in addition to the powers provided under section 52(5) and (5A), cancel the person's registration if—
a: the Commissioner is satisfied that the person no longer meets the requirements of section 54B(1)(a):
b: for 3 consecutive taxable periods, the person has either not filed a return or has filed a late return.
3: When a person's registration is cancelled under subsection (2)(b),—
a: the effective date of the cancellation is the first day of the third period:
b: the person may not apply to become a registered person again until a period of 5 years has expired, starting on the date of cancellation, and this exclusion period also applies to a non-resident associate of the person.
142: Section 55 amended (Group of companies)
After section 55(1)
1B: Despite subsections (1) and (4)(a), a person registered under section 54B may not apply to be a member of a group of companies or for a further company to be a member of a group of companies, if the resulting group would have both resident and non-resident persons as members.
143: Section 60 amended (Agents and auctioneers)
After section 60(1)
1B: Despite subsection (1), when a principal and their agent agree in writing, either in relation to a particular supply or for a type of supply, that this subsection applies to a supply of goods or services, the supply is treated for the purposes of the Act as 2 separate supplies, being—
a: a supply of goods and services from the principal to the agent; and
b: a supply of those goods and services from the agent to the recipient, treating the agent as if they were the principal for the purpose of the supply.
144: Section 75 amended (Keeping of records)
1: Replace section 75(3)
3: Subject to subsections (4) to (7), every registered person must keep, for a period of at least 7 years after the end of the taxable period to which they relate, the records listed in subsection (2) and records that are sufficient to enable ready ascertainment by the Commissioner or an officer authorised by the Commissioner of the registered person's liability to tax.
2: After section 75(3)
3BA: A registered person required by subsection (3)
a: in English, or in a language in which the Commissioner authorises the person under subsection (6) to keep the record or the type of record; and
b: at a place in New Zealand, or at a place outside New Zealand where—
i: the Commissioner authorises the registered person under subsection (6) to keep the record or the type of record:
ii: the record is kept by a person authorised by the Commissioner under subsection (6) to keep records for persons that include the registered person.
3: After section 75(5)
6: The Commissioner may, upon application in writing by a registered person or another person, authorise for the purposes of subsection (3BA),—
a: a registered person to keep and retain a record or a type of record—
i: in a language other than English:
ii: at a place outside New Zealand:
b: a person to hold, for a registered person, records—
i: at places outside New Zealand; and
ii: in a form approved by the Commissioner; and
iii: accessible by the Commissioner in a way approved by the Commissioner.
7: The Commissioner may, for an authorisation under subsection (6) of a person,—
a: impose reasonable conditions on the authorisation:
b: reasonably vary the conditions on the authorisation:
c: withdraw the authorisation, upon request by the person or after giving reasonable notice of the withdrawal:
d: give public notice of an action under subsection (6)(b) or this subsection, in a publication chosen by the Commissioner.
145: New section 78G inserted (Railways vesting: zero-rating and timing of tax calculations and documents)
After section 78F
78G: Railways vesting: zero-rating and timing of tax calculations and documents
1: The Railways vesting is treated as being a taxable supply, on 31 December 2012, of the Railways assets and liabilities, that is charged with tax at the rate of 0%.
2: For the purpose of calculating the amount of tax payable, or input tax deductible, on or after 31 December 2012 by KiwiRail Holdings Limited in respect of, or in relation to, a Railways asset or a Railways liability, KiwiRail Holdings Limited and New Zealand Railways Corporation are treated as if they were the same person in respect of the period up to and including 31 December 2012, subject to subsection (1).
3: If it is necessary for a tax invoice, a credit note, or a debit note (the document
4: If a document purporting to be a tax invoice, a credit note, or a debit note (the issued document
146: New section 87 inserted (Change of accounting basis: transitional provision for certain local authorities)
After section 86
87: Change of accounting basis: transitional provision for certain local authorities
1: This section applies to a local authority referred to in the Goods and Services Tax (Local Authorities Accounting on Payments Basis) Order 2009.
2: From 1 July 2013, the local authority must account for tax payable on an invoice basis.
3: On the change of accounting basis, the local authority may spread the tax payable under section 19C(1) and calculated under section 19C(3) evenly over a period of 72 months commencing on 1 July 2013. If the full amount is not divisible into exactly equal instalments, the final instalment carries the difference.
4: If a local authority changes their accounting basis before 1 July 2013, the amount of the tax payable must be calculated on the day before the date on which the change is to take effect, although the amount remains available to be paid as described in subsection (3)
5: No late payment penalty, shortfall penalty, or interest under Part 7 of the Tax Administration Act 1994 arises for the local authority as a result of its application of the spreading provision in subsection (3) Amendment to KiwiSaver Act 2006
147: Section 4 amended (Interpretation)
1: In section 4 salary or wages (6)(b) (6)(b) to (bd)
2: In section 4 salary or wages
ia: a payment under a Voluntary Bonding Scheme that is funded by the Ministry for Primary Industries, the Ministry of Health, or the Ministry of Education; and
3: In section 4 salary or wages (as defined in section YA 1 of the Income Tax Act 2007) for the purposes of the Income Tax Act 2007 2013-07-17 KiwiSaver Act 2006 see s 2(1), (6) and (24) Amendment to Student Loan Scheme Act 2011
148: Section 202 amended (Provisions of Tax Administration Act 1994 and Income Tax Act 2007 to apply to this Act)
In section 202 RM 2, RM 4, and RM 6 RM 2, and RM 4 2013-07-17 Student Loan Scheme Act 2011 see s 2(1) and (24) Amendments to Stamp and Cheque Duties Act 1971
149: Section 86I amended (Application of approved issuer levy and zero-rating)
In section 86I Income Tax Act 2007 and section 86J of this Act Income Tax Act 2007, an exemption under a double tax agreement, and section 86J of this Act 2013-07-17 Stamp and Cheque Duties Act 1971 see s 2(1), (18)
150: Section 86L amended (Refund of levy paid in error or in excess)
1: In section 86L(1) 8 years 4 years
2: Subsection (1) applies to refunds of levies paid on or after the date on which the Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 receives the Royal assent. Amendments to Income Tax Act 2004
151: Income Tax Act 2004
Sections 152 to 160 Income Tax Act 2004 2013-07-17 Income Tax Act 2004 see s 2(2) and (3)
152: New section CD 21BA inserted (Issues to shareholders of rights to subscribe for or sell back shares)
1: After section CD 21
CD 21BA: Issues to shareholders of rights to subscribe for or sell back shares
Issue of rights to subscribe for shares
1: The issue by a company to a shareholder of a right to subscribe for a share, or to sell a share in the company to the company, is not a dividend. Issue of shares under rights to subscribe for shares
2: The issue by a company of a share to a person for consideration less than the market value, immediately before the issue, of a share in the same class of shares, is not a dividend if—
a: the person subscribes for the share under a right (a subscription right
b: the company does not, as part of the issue of the subscription right, give the person a right to dispose of the share to the company. Premiums from issue of rights to subscribe for shares
3: A distribution by a company to a shareholder is not a dividend if—
a: the company issues to the shareholder a right (the shareholder right shareholder price
b: the shareholder fails or is ineligible to exercise the shareholder right; and
c: another person pays to the company an amount—
i: for the shareholder right:
ii: greater than the shareholder price, for the issue of a share under the shareholder right; and
d: the distribution is from the amount of the payment that does not increase the company's available subscribed capital. available subscribed capital, bonus issue in lieu, company, consideration, dividend, share, shareholder
2: Subsection (1) applies for the 2005–06 and later tax years.
153: Section CR 3 amended (Income for general insurance outstanding claims reserve)
1: After section CR 3(1) When this section does not apply
1B: This section does not apply for contracts that section DZ 10 (General insurance with risk period straddling 1 July 1993) applies to.
2: Subsection (1) applies for the 2005–06 and later income years.
154: Section CW 25 replaced (Services for members of Parliament)
1: Replace section CW 25
CW 25: Services for members of Parliament
An amount is exempt income of a person to the extent to which it is income of the person and is not exempt income under another provision of subpart CW, if the amount is travel, accommodation, attendance, and communication services, as defined in section 20A(7) of the Civil List Act 1979, and,—
a: the amount is—
i: referred to in section 20A of that Act:
ii: paid under section 25 of that Act; and
b: the amount is—
i: provided to a person to whom any of section 25(1)(b) to (e) of that Act applies:
ii: provided to a member of the family of a person described in subparagraph (i) amount, exempt income, income
2: Subsection (1) applies for the 2005–06 and later income years.
155: Section CX 11 replaced (Services for members of Parliament)
1: Replace section CX 11
CX 11: Services for members of Parliament
When fringe benefit arises
1: A fringe benefit arises when travel, accommodation, attendance, and communications services are exempt income under section CW 25 Relationship with sections CX 5 and CX 24
2: This section overrides sections CX 5 and CX 24. exempt income, fringe benefit
2: Subsection (1) applies for the 2005–06 and later income years.
156: Section DW 3 amended (Deduction for general insurance outstanding claims reserve)
1: After section DW 3(1) When this section does not apply
1B: This section does not apply for contracts that section DZ 10 (General insurance with risk period straddling 1 July 1993) applies to.
2: Subsection (1) applies for the 2006–07 and later income years.
157: Section EC 7 amended (Valuation methods)
1: Replace section EC 7(5) Restrictions on use of valuation methods
5: Restrictions apply to the use of valuation methods, as described in sections EC 8 to EC 10. Exception to subsection (2): Express written notice required in certain cases
6: Subsection (2) does not apply to the extent to which an election requires a notice under section EC 11.
2: In section EC 7 notice
3: Subsections (1) and (2) apply for the 2005–06 and later income years.
158: Section EE 7 amended (What is not depreciable property?)
1: Replace section EE 7(e)
e: excepted financial arrangements other than depreciable intangible property:
2: Subsection (1) applies for the 2005–06 and later income years.
159: Section EE 51 amended (Total deductions in section EE 47)
1: In section EE 51(3B) Treatment of assets not available for use an item that has been withdrawn from use an item that is not available for use
2: Subsection (1) applies for the 2005–06 and later income years.
160: Section OB 1 amended (Definitions)
1: In the definition of bonus issue
a: means the issue or subdivision of shares in a company, or the giving of credit for some or all of the amount unpaid on any shares in a company, or the forgiveness of some or all of an amount unpaid on any shares in a company, if the company receives no consideration for the issue, subdivision, crediting, or forgiveness other than consideration by way of the shareholder's electing not to receive money or money's worth as an alternative to the issue or subdivision; and
2: Subsection (1) applies for the 2005–06 and later tax years. Amendment to Social Security Act 1964
161: Section 70 amended (Rate of benefits if overseas pension payable)
In section 70(4) and section CW 28 of the Income Tax Act 2007 2013-07-17 Social Security Act 1964 See s 2(1) Non-resident investment companies Orders in Council
162: Non-resident investment companies Orders in Council revoked
1: Revoke the Income Tax (Non-Resident Investment Companies) Order 1970
2: Revoke the Income Tax (Non-Resident Investment Companies) Order 1972
3: Revoke the Income Tax (Non-Resident Investment Companies) Order (No 2) 1972
4: Revoke the Income Tax (Non-Resident Investment Companies) Order (No 3) 1974 2013-07-17 Income Tax (Non-Resident Investment Companies) Order 1970 Income Tax (Non-Resident Investment Companies) Order 1972 Income Tax (Non-Resident Investment Companies) Order (No 2) 1972 Income Tax (Non-Resident Investment Companies) Order (No 3) 1974 see s 2(24) Tax Administration (Form of Warrant) Regulations 2003
163: Tax Administration (Form of Warrant) Regulations 2003 revoked
Revoke the Tax Administration (Form of Warrant) Regulations 2003 2013-09-01 Tax Administration (Form of Warrant) Regulations 2003 Section 163 comes into force immediately after the items relating to the Tax Administration Act 1994 in the Schedule of the Search and Surveillance Act 2012 come into force (see s 2(27)) Those items come into force on 1 September 2013 by SR 2013/302. Amendment to Search and Surveillance Act 2012
164: Schedule amended (Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2012 applies)
1: In the Schedule 16(4) 16
2: In the Schedule obtain and execute warrant to enter private dwelling if issuing officer is satisfied that exercise of applicant's functions under section 16 of Tax Administration Act 1994 requires physical access to that dwelling have full and free access to things described in section 16 of Tax Administration Act 1994 for purpose of inspection as described in that section, including making extracts and copies
3: In the Schedule sections 118 sections 102, 103(3)(b)(ii), 103(4)(g), 103(7), 115(1)(b), 118
4: In the Schedule sections 118 sections 102, 103(3)(b)(ii), 103(4)(g), 103(7), 115(1)(b), 118 2013-09-01 Search and Surveillance Act 2012 Section 164 comes into force immediately after the items relating to the Tax Administration Act 1994 in the Schedule of the Search and Surveillance Act 2012 come into force (see s 2(27)) Those items come into force on 1 September 2013 by SR 2013/302. Amendments to Child Support Amendment Act 2013
165: Child Support Amendment Act 2013
Sections 166 to 171 Child Support Amendment Act 2013 2013-07-17 Child Support Amendment Act 2013 see s 2(1)
166: Section 5 amended (Interpretation)
1: In section 5(1) eligible custodian income amount order last relevant tax year
2: In section 5(1) properly made
3: In section 5(2) income amount order
a: child support income amount; or
b: amount of taxable income or adjusted taxable income; or
c: annual amount of child support last relevant tax year
a: in a case where a parent's taxable income for the most recent tax year was derived solely from withholding income, and has no adjustments of the sort referred to in section 35(1), the calendar year ending in that tax year:
b: in any other case, the tax year immediately preceding the most recent tax year
167: Section 8 amended (New section 4A inserted)
In section 8 , who does not live with a parent of the child in a marriage, civil union, or de facto relationship,
168: Section 10 amended (New headings and sections 7B to 19 substituted)
1: In section 10 if the applicant is not living with a parent of the child if the applicant is not living with that parent
2: In section 10
3A: Despite subsections (2) and (3), a parent whose income percentage is 100% and whose care cost percentage is also 100% is a receiving carer.
169: Section 12 amended (New headings and sections 29 to 36D substituted)
1: In section 12 either amount each of the amounts
2: In section 12
2: However, for the purposes of an assessment of child support for the child support year commencing 1 April 2014 only, the adjustments referred to in subsection (1) must not be applied to a person's taxable income.
3: In section 12 child support year if , in the most recent tax year,
4: In section 12 it the person's taxable income
170: New heading and section 22A inserted
After section 22 Amendments to Part 6A
22A: Application for determination
1: Section 96B(1) is amended by omitting A qualifying custodian or a liable parent Any liable parent or receiving carer of a qualifying child
2: Section 96B(2)(a) is amended by omitting , the qualifying custodian, and the liable parent concerned
3: Section 96B is amended by repealing subsection (3) and substituting the following subsection:
3: The parties to the application are—
a: the applicant; and
b: every other liable parent or receiving carer of the qualifying child.
171: Schedule 3 amended (Consequential amendments to principal Act)
1: In Schedule 3
2: In Schedule 3 Section 96C(1)(b)(ii)(A)
Omit , the qualifying custodian, and the liable parent and all parties to the application Section 96D(2)
Omit both parties each party Section 96H
Heading: omit party parties Subsection (1): omit the other each other Subsection (2)(b)(i): omit the other party the party Subsection (3): replace with:
3: The Commissioner must send a copy of any reply and accompanying documentation to the applicant, and may send a copy of any reply and accompanying documentation to the other parties. Section 96I
Subsection (1)(a): omit the reply (if any) any reply received Subsection (2): omit the other party each other party Subsection (3)(a): omit the other party any other party Subsection (4): omit the other party any other party
3: In Schedule 3 Section 103B
Subsection (1): omit qualifying custodian receiving carer Subsection (4)(b): omit the other party any other party Other remedial matters
172: Deletion of redundant LAQC legislation
The items in column 2 of the schedule |
DLM5464005 | 2013 | Local Government (Auckland Transitional Provisions) Amendment Act 2013 | 1: Title
This Act is the Local Government (Auckland Transitional Provisions) 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 (Auckland Transitional Provisions) Act 2010 principal Act 2013-09-04 Local Government (Auckland Transitional Provisions) Act 2010
4: Section 3 amended (Purpose of this Act)
1: In section 3(2)(c) enactments ; and
2: After section 3(2)(c)
d: provides a process for the development of the first combined planning document for Auckland Council under the Resource Management Act 1991.
5: Section 5 amended (Transitional regulations)
1: In section 5(1)(d) under Part 1 or 2 of
2: In section 5(2) This section Subsection (1)
3: In section 5(3) this section subsection (1)
4: After section 5(3)
4: The Governor-General may, by Order in Council made on the recommendation of the Minister for the Environment, make regulations to—
a: prescribe matters in respect of the preparation of the first Auckland combined plan that may be in addition to or in place of the provisions of Part 4
b: provide that, subject to any conditions specified in the regulations, during a specified period or in specified circumstances, specified provisions of Part 4
c: make provision for a situation in respect of the preparation of the first Auckland combined plan for which no or insufficient provision is made by Part 4
5: The Minister for the Environment must not recommend the making of regulations under subsection (4)
a: are necessary or desirable for the efficient and orderly development of the first Auckland combined plan; and
b: address unforeseen situations or unforeseen issues arising in the preparation of that plan; and
c: are consistent with the purposes of this Act.
6: In addition, the Minister for the Environment must not recommend the making of regulations under subsection (4)
7: Subsection (4)
a: 1 July 2017, if no extension to the deadline referred to in section 146 section 147
b: 1 July 2018, if 1 or more extensions to the deadline referred to in section 146 section 147
6: New Part 4 inserted
After section 114,
4: Process for development of first combined plan for Auckland Council
115: Overview of this Part
1: This Part sets out the following process for the preparation of the first Auckland combined plan:
a: the Auckland Council prepares a proposed plan for Auckland that meets the requirements of a regional policy statement, a regional plan, including a regional coastal plan, and a district plan:
b: the plan is prepared in accordance with this Part and, to the extent provided for by this Part, the RMA:
c: the plan is not required to include district plan provisions in relation to the Hauraki Gulf Islands (the district plan provisions of the former Auckland City Council in relation to those islands will become operative as part of an existing separate process):
d: the Council prepares its reports on the proposed plan under sections 32 and 165H(1A)
e: the Council notifies the proposed plan and calls for submissions:
f: the Council notifies a summary of submissions and calls for further submissions:
g: the Council then forwards all relevant information obtained up to this point to a specialist Hearings Panel appointed by the Minister for the Environment and the Minister of Conservation:
h: the Hearings Panel holds a Hearing into submissions on the proposed plan by means of hearing sessions conducted in accordance with the procedural and other requirements of this Part:
i: the Council must attend the hearing sessions and otherwise assist the Hearings Panel with the task of the Hearing:
j: on the completion of the hearing of submissions, but no later than 50 working days before the expiry of 3 years from the date the Council notifies the proposed plan, the Hearings Panel must make recommendations to the Council on the proposed plan (unless that period is extended by the Minister for the Environment by up to 1 year):
k: the Council must make decisions on the recommendations of the Hearings Panel no later than 20 working days after receiving the recommendations (unless that period is extended by the Minister for the Environment by up to a further 20 working days) and publicly notify the recommendations of the Hearings Panel and the Council's decisions on the recommendations:
l: the proposed plan is amended in accordance with the Council's decisions on the recommendations and is deemed, subject to the appeal rights of submitters, to be approved or adopted, as the case may be:
m: submitters on the proposed plan may appeal to the Environment Court on those recommendations of the Hearings Panel that the Council rejects:
n: submitters on the proposed plan may appeal to the High Court, on a point of law only, on those recommendations of the Hearings Panel that the Council accepts:
o: once all appeals are determined, the Council must then publicly notify the operative date of the proposed plan.
2: This section is only a guide to the general scheme and effect of this Part. It does not affect the interpretation or application of the other provisions of the Part.
116: Interpretation
1: In this Part, unless the context requires another meaning,— Auckland Auckland combined plan section 122 Auckland Council Council
a: means the local authority established by section 6(1) of the Local Government (Auckland Council) Act 2009; and
b: includes a member, delegate, or officer of the Council acting on its behalf chairperson coastal marine area Hearing hearing session Hearings Panel Panel section 161 Independent Māori Statutory Board member Ministry proposed plan sections 121 to 126 requiring authority
a: a requiring authority within the meaning of section 166 of the RMA; and
b: a heritage protection authority within the meaning of section 187 of the RMA RMA submission
a: means a written or an electronic submission received by the Auckland Council on the proposed plan; and
b: includes a further written or electronic submission on the proposed plan submitter working day
2: Unless the context requires another meaning, references in this Part, whether express or implied, to a district plan for Auckland mean the plan for the district excluding the geographic area to which the Hauraki Gulf Islands section of the district plan of the former Auckland City Council applies (which, as a proposed plan, was notified on 18 September 2006 and amended by decisions notified on 4 May 2009).
3: Unless the context requires another meaning, a term or expression used and not defined in this Part, but defined in the RMA, has the same meaning as in that Act.
117: Application of this Part
1: This Part applies only to the preparation of the first Auckland combined plan.
2: To avoid doubt, once the Auckland combined plan is operative, the plan may be changed only in accordance with the RMA.
118: Certain early actions permitted
1: This section applies to any actions relating to preparation of the Auckland combined plan that—
a: were performed by the Auckland Council or another person before the commencement of this Part; and
b: would have complied with the provisions listed in subsection (2)
2: The provisions are as follows:
a: clauses 1 to 4 of Schedule 1 of the RMA, as applied by section 123
b: section 126(3)(a) and (b)
3: The actions must be treated as actions performed under this Part.
119: Regulations relating to preparation of Auckland combined plan
1: This section provides for regulations to be made that specifically relate to the preparation of the Auckland combined plan.
2: Regulations may be made under section 360(1) of the RMA for the purposes of the preparation of that plan and as if references to the RMA in that subsection include references to this Part.
120: Components of district plan for Auckland
1: This section describes, to avoid doubt, the components of the district plan for Auckland once—
a: the Auckland combined plan is operative; and
b: the Hauraki Gulf Islands section referred to in section 116(2)
2: The district plan for Auckland will comprise—
a: the provisions of the Hauraki Gulf Islands section, in respect of the geographic area to which that section applies; and
b: the district plan provisions of the Auckland combined plan, in respect of the geographic area of the rest of Auckland. Initial preparation of proposed Auckland combined plan
121: Preparation of first Auckland combined plan
1: The Auckland combined plan, and the documents that make up the plan, must be prepared in accordance with—
a: this Part; and
b: the RMA, except the provisions of the RMA that—
i: are excluded from applying by this Part; or
ii: correspond to provisions of this Part.
2: Anything done under a provision of this Part is to be treated as if it were done under any provision of the RMA that corresponds to the provision of this Part.
3: In this section, a provision of the RMA corresponds
a: is replaced, with or without modification, by the provision of this Part; or
b: otherwise corresponds to the provision of this Part.
4: Despite section 117(1) subsection (2)
122: Auckland combined plan to combine regional and district documents
1: The Auckland Council must prepare, implement, and administer a document (the Auckland combined plan
a: a regional policy statement for Auckland:
b: a regional plan, including a regional coastal plan, for Auckland:
c: a district plan for Auckland.
2: The Auckland combined plan must clearly identify—
a: the provisions of the document that are the regional policy statement, the regional plan, the regional coastal plan, or the district plan, as the case may be; and
b: the objectives, policies, and methods set out or described in the document that have the effect of being provisions of the regional policy statement.
3: Once the Auckland combined plan is approved by the Auckland Council, it is deemed, for the purposes of the RMA, to be a plan or regional policy statement separately prepared and approved by the Council for its region or district, as the case may be.
123: Initial preparation of Auckland combined plan
1: A reference in this section to a clause is to a clause of Schedule 1 of the RMA.
2: The Auckland Council must initially prepare the Auckland combined plan in accordance with clauses 1 to 8A, as modified by this section.
3: The Auckland Council must comply with section 126 section 32 clause 5(1)(a) section 165H(1A)
4: Clause 5(1A) and (1C) do not apply (meaning that copies of the public notice about the plan need not be sent to ratepayers or other persons).
5: Clause 5(1B) is modified so that notice must be given only to owners and occupiers of land to which the designation or heritage order applies.
6: Clause 5(2)(e) is modified so that the public notice must state—
a: an address for service for written submissions; and
b: an email address for service for electronic submissions.
7: Clause 5(3)(a) is modified so that its closing date for submissions is 60 working days after public notification.
8: Clause 7(1)(c) is modified so that its closing date for further submissions is 30 working days after the day on which the public notice is given.
9: Clause 1(2), and section 37 of the RMA, do not apply to the closing dates for submissions or further submissions (meaning that the Council cannot extend the dates, or waive a failure to comply with the dates, under those provisions).
10: A person who makes an electronic submission under clause 6 or 8 is to be treated as having specified as an address for service the email address from which the submission is received.
124: Restriction on amendments or variations to Auckland combined plan
1: This section and section 125 section 148(4)(a)
2: The Auckland Council may amend the proposed plan—
a: under any provision of the RMA or another enactment that provides for amendments to be made to a proposed regional policy statement or proposed plan without using the process in Schedule 1 of the RMA; or
b: as a result of the Council's decisions on the recommendations of the Hearings Panel.
3: If the Auckland Council amends the proposed plan under a provision described in subsection (2)(a)
a: give notice of the amendments to the Hearings Panel; and
b: make the amendments available for inspection on its Internet site and at its offices; and
c: if the provision requires public notice of the amendment, give public notice in accordance with the provision.
4: The Auckland Council may vary the proposed plan in accordance with a direction of the Hearings Panel.
5: The Hearings Panel may direct the Auckland Council to vary the proposed plan if the Panel is satisfied that—
a: the variation is required—
i: to give effect to a provision in a national policy statement, or New Zealand coastal policy statement, that affects the proposed plan; or
ii: to give effect, in the provisions of the proposed plan comprising the regional plan or district plan, to the provisions of the proposed plan comprising the regional policy statement; or
iii: to correct a substantial error in the proposed plan; and
b: the Panel is able to deal with the variation as provided in subsection (7) section 146 or 147
6: The Auckland Council must deal with the variation under section 125
7: The Hearings Panel must deal with the variation under sections 128 to 145 section 145(1)(d)
8: Clause 16B(1) and (2) of Schedule 1 of the RMA apply to the variation, and the variation must be merged in and become part of the proposed plan in time for the Hearings Panel's report under section 144(5)
9: In sections 148 to 159
125: Variation to Auckland combined plan
1: This section specifies the initial process for a variation to the Auckland combined plan that is permitted by section 124(4)
2: A reference in this section to a clause is to a clause of Schedule 1 of the RMA.
3: The Auckland Council must deal with the variation in accordance with clauses 1 to 8A and 16A(2), as modified by this section.
4: Section 126 section 32 clause 5(1)(a) section 165H(1A)
5: Clause 5(1A) and (1C) do not apply (meaning that copies of the public notice about the proposed variation need not be sent to ratepayers or other persons).
6: Clause 5(2)(e) is modified so that the public notice must state—
a: an address for service for written submissions; and
b: an email address for service for electronic submissions.
7: Clause 1(2), and section 37 of the RMA, do not apply to the closing dates for submissions or further submissions (meaning that the Council cannot extend the dates, or waive a failure to comply with the dates, under those provisions).
8: A person who makes an electronic submission under clause 6 or 8 is to be treated as having specified as an address for service the email address from which the submission is received.
126: Audit of evaluation report on proposed Auckland combined plan
1: This section applies to the following reports of the Auckland Council on the relevant parts of the proposed plan:
a: the evaluation report prepared under section 32
b: the report prepared under section 165H(1A)
2: The Auckland Council must electronically provide the reports to the Ministry as soon as practicable after they are prepared, but no later than the day on which the proposed plan is publicly notified.
3: The Ministry must audit the reports, or have the reports audited, against criteria that have been—
a: determined by the Ministry after consultation with the Auckland Council; and
b: specified in a written notice from the chief executive of the Ministry to the Auckland Council.
4: The Ministry must prepare a report, or have a report prepared, of the audit and electronically provide the audit report to the Auckland Council as soon as practicable, but no later than 30 working days after the day on which the Ministry received the reports for auditing.
5: The Auckland Council must make the audit report available for public inspection as soon as practicable after receiving it.
127: Auckland Council must provide relevant information to Hearings Panel
1: The Auckland Council must provide copies of the following to the Hearings Panel:
a: the proposed Auckland combined plan that was publicly notified:
b: any notices about designations, or notices of requirements for designations or heritage orders, referred to in clause 4(5) of Schedule 1 of the RMA:
c: the information about requirements referred to in clause 4(7) of Schedule 1 of the RMA:
d: the Council’s evaluation report prepared under section 32 section 165H(1A)
e: the audit report provided to the Council under section 126(4)
f: the submissions on the proposed plan received by the closing date for submissions:
g: the Council's summary of the decisions requested by submitters:
h: the further submissions on the proposed plan received by the closing date for further submissions:
i: any submissions or further submissions received after the relevant closing date, along with information about when the submissions were received:
j: the planning documents that are recognised by an iwi authority and lodged with the Council:
k: any amendments the Council makes to the proposed plan under section 124(2)(a)
l: any other relevant information held by the Council that is requested by the Hearings Panel.
2: If the Council makes a variation under section 125
a: the variation that was publicly notified:
b: the Council’s evaluation report prepared under section 32 section 165H(1A)
c: the submissions on the variation received by the closing date for submissions:
d: the Council's summary of the decisions requested by submitters:
e: the further submissions on the variation received by the closing date for further submissions:
f: any submissions or further submissions received after the relevant closing date, along with information about when the submissions were received.
3: The Council must provide the documents or information electronically and as soon as is reasonably practicable in each case. Hearings Panel to hold Hearing into submissions on proposed plan
128: Hearing by Hearings Panel
1: The Hearings Panel must hold a Hearing into submissions on the proposed plan.
2: The Hearings Panel must hold each hearing session in public unless permitted to do otherwise by—
a: section 141
b: section 48 of the Local Government Official Information and Meetings Act 1987 (as that Act applies in accordance with section 169
129: Who may be heard
1: Every person who has made a submission and stated that they wish to be heard at the Hearing may speak at a hearing session, either personally or through a representative, and call evidence.
2: Despite subsection (1)
3: Subsection (4)
4: The Hearings Panel may proceed with the hearing session if it considers it fair and reasonable to do so.
130: Notice of hearing sessions
The Hearings Panel must give no less than 10 working days' notice of the dates, times, and places of the hearing sessions to—
a: every person who made a submission and who requested to be heard (and has not since withdrawn the request); and
b: every requiring authority that has a designation or heritage protection order included in the proposed plan.
131: Pre-hearing session meetings
1: Before a hearing session, the Hearings Panel may invite or require the persons listed in subsection (2)
a: clarifying a matter or an issue relating to the proposed plan; or
b: facilitating resolution of a matter or an issue relating to the proposed plan.
2: The persons are—
a: 1 or more submitters; and
b: the Council; and
c: any other persons that the Hearings Panel considers appropriate, including 1 or more experts.
3: A meeting may be chaired by a member of the Hearings Panel or a person appointed by the chairperson of the Panel.
4: The chairperson of the meeting must, after a meeting, prepare a report that—
a: sets out any clarification or resolution of a matter or an issue agreed between the persons who attended the meeting; and
b: sets out any outstanding matter or issue between them; and
c: addresses any matter or issue identified to the chairperson by the Hearings Panel.
5: The chairperson of the meeting must provide the report in writing or electronically to the Hearings Panel and the persons who attended the meeting no less than 5 working days before the hearing session to which the meeting relates.
6: A report prepared under subsection (4)
132: Consequences of submitter not attending pre-hearing session meeting
1: This section applies if a submitter who is required to attend a meeting under section 131
2: The Hearings Panel may decline to consider the person's submission.
3: If the Hearings Panel acts under subsection (2)
a: has no rights of appeal under section 155
b: may not become, under section 274 of the RMA, a party to proceedings as the result of any appeal right exercised by another person under section 155
4: However, the person may object under section 154
133: Conference of experts
1: The Hearings Panel may, at any time during the Hearing, direct that a conference of experts be held for the purpose of—
a: clarifying a matter or an issue relating to the proposed plan; or
b: facilitating resolution of a matter or an issue relating to the proposed plan.
2: A conference may be facilitated by a member of the Hearings Panel or a person appointed by the Panel.
3: The facilitator of a conference must, after the conference, prepare a report on the conference and provide it in writing or electronically to—
a: the Hearings Panel; and
b: the persons who attended the conference.
4: A facilitator must act under subsection (3)(a) or (b)
5: A report prepared under subsection (3)
6: To avoid doubt, the Council may attend a conference under this section only if authorised to do so by the Hearings Panel.
134: Alternative dispute resolution
1: The Hearings Panel may, at any time during the Hearing, refer to mediation or any other alternative dispute resolution process the persons listed in subsection (2)
a: the Panel considers that it is—
i: appropriate to do so; and
ii: likely to resolve issues between the parties that relate to the proposed plan; and
b: each person has consented (other than the Council, which must participate if referred by the Panel).
2: The persons are—
a: 1 or more submitters; and
b: the Council; and
c: any other person that the Hearings Panel considers appropriate.
3: The Hearings Panel must appoint the mediator or person facilitating the mediation or other process (the mediator
4: The person who conducts the mediation or other process must report the outcome to the Hearings Panel.
5: In reporting the outcome under subsection (4)
135: Late submissions
1: This section applies to submissions or further submissions received after the closing date for those submissions.
2: The chairperson of the Hearings Panel must decide whether to waive the requirement to provide the submissions before that closing date in respect of each submission to which this section applies.
3: In making his or her decision, the chairperson must take into account—
a: the interests of any person who or that, in the chairperson's opinion, may be directly affected by the waiver; and
b: the need to ensure there is an adequate assessment of the effects of the proposed plan; and
c: the stage of the Hearing at which the Hearings Panel is provided with the submissions.
4: A decision of the chairperson under this section is final and there is no right of objection or appeal against it. Hearing procedure
136: Hearing procedure
1: At each hearing session, no fewer than 3 members of the Hearings Panel must be present.
2: If the chairperson is not present, he or she must appoint another member as chairperson for the purposes of the hearing session.
3: At the hearing session, the Hearings Panel—
a: may permit a party to question any other party or witness; and
b: may permit cross-examination; and
c: must receive evidence written or spoken in Māori, in which case the Māori Language Act 1987 applies as if the hearing session were legal proceedings before a tribunal named in Schedule 1 of that Act.
4: Otherwise, the Hearings Panel must establish a procedure for hearing sessions that—
a: is appropriate and fair in the circumstances (including in respect of the granting to a person of any waiver of the requirements of the Hearings Panel); and
b: avoids unnecessary formality; and
c: recognises tikanga Māori where appropriate.
5: The Hearings Panel must keep a full record of the hearing sessions and any other proceedings.
137: Council must attend hearing sessions
1: The Council must attend the hearing sessions to assist the Hearings Panel in 1 or more of the following ways:
a: to clarify or discuss matters in the proposed plan:
b: to give evidence:
c: to speak to submissions or address issues raised by them:
d: to provide any other relevant information as requested by the Hearings Panel.
2: Despite subsection (1)
3: A failure by the Council or the Hearings Panel to comply with this section does not invalidate the Hearing or the hearing sessions.
4: To avoid doubt, this section does not limit or prevent the Council from—
a: making a submission on the proposed plan in accordance with section 123 or 125
b: being heard on that submission under section 129
138: Other procedural matters
1: The following provisions of the Commissions of Inquiry Act 1908 apply to each hearing session as if the Hearings Panel were a Commission, and the Hearing were an inquiry, under that Act:
a: section 4 (powers to maintain order):
b: section 4B (evidence):
c: section 4D (power to summon witnesses):
d: section 6 (protection of witnesses and other persons):
e: section 7 (allowances for witnesses).
2: A summons to a witness to appear at a hearing session must be in the prescribed form and be signed by the chairperson.
3: All allowances for a witness must be paid by the party on whose behalf the witness is called.
4: However, if the Hearings Panel calls a witness, the Auckland Council must pay the allowances for that witness.
5: The Hearings Panel may request and receive, from a person who is heard by the Panel or who is represented at a hearing session, any information and advice that is relevant and reasonably necessary for the Panel to make its recommendations under section 144
139: Directions to provide evidence within time limits
1: The Hearings Panel may direct a submitter or the Auckland Council to provide briefs of evidence in writing or electronically to the Panel before a hearing session.
2: The Hearings Panel may direct a submitter or the Auckland Council, if the submitter or the Council is intending to call expert evidence, to provide briefs of the evidence in writing or electronically to the Hearings Panel before a hearing session.
3: The submitter or the Auckland Council must provide briefs of evidence under this section in the time frame specified by the Hearings Panel.
4: The Hearings Panel must give electronic notice to any relevant submitters of briefs of evidence that are made available under section 143
140: Directions and requests before or at hearing session
1: Before or at a hearing session, the Hearings Panel may do 1 or more of the following:
a: direct the order of business at the hearing session, including the order in which submissions and evidence are presented:
b: direct that submissions and evidence be recorded, taken as read, or limited to matters in dispute:
c: direct a submitter, when presenting a submission or evidence, to present it within a time limit:
d: request a submitter to provide further information.
2: Before or at a hearing session, the Hearings Panel may direct that the whole, or a part of, a submission be struck out if the Panel considers—
a: the whole submission, or the part, is frivolous or vexatious; or
b: that the whole submission, or the part, discloses no reasonable or relevant case; or
c: that it would otherwise be an abuse of the hearing process to allow the whole submission, or the part, to be taken further.
3: At a hearing session, the Hearings Panel may direct a submitter not to present—
a: the whole submission, if all of it is irrelevant or not in dispute; or
b: any part of the submission that is irrelevant or not in dispute; or
c: any part of the submission that does not relate to that part of the proposed plan being addressed at the hearing session.
4: If the Hearings Panel gives a direction under subsection (2)
5: A person whose submission, in whole or in part, is struck out has a right of objection under section 154
141: Protection of sensitive information
1: The Hearings Panel may, on its own motion or on the application of any submitter, make an order described in subsection (2)
a: that the order is necessary to avoid—
i: serious offence to tikanga Māori or to avoid the disclosure of the location of wāhi tapu; or
ii: the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information; and
b: that in the circumstances of the particular case, the importance of avoiding the offence, disclosure, or prejudice outweighs the public interest in making that information available.
2: An order may—
a: require that the whole or part of a hearing session or class of hearing sessions at which the information is likely to be referred to must be held with the public excluded (which order must, for the purposes of section 48(3) to (5) of the Local Government Official Information and Meetings Act 1987, be deemed to be a resolution passed under that section):
b: prohibit or restrict the publication or communication of any information supplied to, or obtained by, the Hearings Panel in the course of any proceedings, whether or not the information may be material to any proposal, application, or requirement.
3: The Hearings Panel must require the Auckland Council to make available for inspection, on its Internet site and at its offices, any orders the Panel makes under this section.
4: A party to a hearing session or class of hearing sessions may apply to the Environment Court for an order cancelling or varying an order made by the Hearings Panel under this section.
5: On an application made under subsection (4)
a: make an order cancelling or varying any order made by the Hearings Panel under this section on such terms as the Judge thinks fit; or
b: decline to make an order.
142: Hearings Panel may commission reports
1: The Hearings Panel may, at any time during the Hearing, require the Auckland Council, or commission a consultant or any other person, to prepare a report on—
a: 1 or more submissions; or
b: any matter arising from a hearing session; or
c: any other matter that the Panel considers necessary for the purposes of the Panel making its recommendations.
2: The report does not need to repeat information included in any submission.
3: Instead, the report may—
a: adopt all of the information; or
b: adopt any part of the information by referring to the part adopted.
4: The Hearings Panel—
a: may consider a report prepared under subsection (1)
b: must require the Auckland Council to make the report available for inspection on its Internet site and at its offices.
5: The Hearings Panel may request and receive, from a person who makes a report under this section, any information and advice that is relevant and reasonably necessary for the Panel to make its recommendations under section 144
143: Evidence and reports must be made available
1: The Hearings Panel must require the Auckland Council to make available for inspection, on its Internet site and at its offices,—
a: any written or electronic evidence, including further information provided under section 140(1)(d)
b: any written or electronic report provided to the Panel under section 131, 133, or 134
2: However, this section does not apply to any evidence or part of a report that the Hearings Panel considers it is not reasonable to make available for inspection. Recommendations of Hearings Panel
144: Hearings Panel must make recommendations to Council on proposed plan
1: The Hearings Panel must make recommendations on the proposed plan after it has finished hearing submissions, including any recommended changes to the proposed plan.
2: The recommendations must include recommendations on any provision included in the proposed plan under clause 4(5) or (6) of Schedule 1 of the RMA, as applied by section 123
3: However, the Hearings Panel—
a: is not limited to making recommendations only within the scope of the submissions made on the proposed plan; and
b: may make recommendations on any other matters relating to the proposed plan identified by the Panel or any other person during the Hearing.
4: The Hearings Panel must not make a recommendation on any existing designations or heritage orders that are included in the proposed plan without modification and on which no submissions are received.
5: The Hearings Panel must provide the recommendations, in a report, to the Council.
6: The report must include—
a: the Panel's recommendations, and identify any recommendations that are beyond the scope of the submissions made on the proposed plan; and
b: the Panel's decisions on the provisions and matters raised in submissions; and
c: the reasons for accepting or rejecting submissions and, for this purpose, may address the submissions by grouping them according to—
i: the provisions of the proposed plan to which they relate; or
ii: the matters to which they relate.
7: The report may also include—
a: matters relating to any consequential alterations necessary to the proposed plan arising from submissions; and
b: any other matter that the Hearings Panel considers relevant to the proposed plan that arises from submissions or otherwise.
8: To avoid doubt, the Hearings Panel is not required to make recommendations that address each submission individually.
145: Matters that affect recommendations
1: The Hearings Panel, in formulating its recommendations, must—
a: have regard to any reports prepared under sections 131(4) and 133(3)
b: take account of any outcomes reported under section 134(4)
c: have regard to the evaluation report and the report required by section 165H of the RMA in relation to the proposed plan and any variation and to the audit report referred to in section 126
d: include in the recommendations a further evaluation of the proposed plan undertaken in accordance with section 32AA
e: if a rule to which section 165H(1) of the RMA applies is to be recommended, include in the recommendations a report prepared under section 165H(1A)
f: ensure that, were the Auckland Council to accept the recommendations, the following would be complied with:
i: sections 43B(3), 61, 62, 66 to 70B, 74 to 77D, 85A, 85B(2), 165F, 165G, 168A(3), 171, 189A(10), and 191 of the RMA:
ii: any other provision of the RMA, or another enactment, that applies to the Council's preparation of the plan.
2: To avoid doubt, when complying with subsection (1)(f)
146: Deadline for recommendations
The Hearings Panel must provide its report under section 144(5) section 123 section 147
147: Extension of deadline for recommendations
1: The Hearings Panel or the Auckland Council, or both, may request the Minister for the Environment to extend the deadline referred to in section 146 original deadline
2: A request must be made before the original deadline or, if the original deadline has already been extended, before the extended deadline.
3: A request must be in writing and—
a: specify a proposed date for the extended deadline that is no later than 1 year after the original deadline; and
b: if applicable, include the views of the party not making the request.
4: If the Minister grants a request, the original deadline is extended accordingly.
5: Section 37 of the RMA does not apply to the original deadline or to an extended deadline (meaning that the Council cannot extend the deadline, or waive a failure to comply with the deadline, under that provision). Council decisions on recommendations
148: Auckland Council to consider recommendations and notify decisions on them
1: The Auckland Council must—
a: decide whether to accept or reject each recommendation of the Hearings Panel; and
b: for each rejected recommendation, decide an alternative solution, which—
i: may or may not include elements of both the proposed plan as notified and the Hearings Panel's recommendation in respect of that part of the proposed plan; but
ii: must be within the scope of the submissions.
2: When making decisions under subsection (1)
a: the Council is not required to consult any person or consider submissions or other evidence from any person; and
b: the Council must not consider any submission or other evidence that was not made available to the Hearings Panel.
3: To avoid doubt, the Council may accept recommendations of the Hearings Panel that are beyond the scope of the submissions made on the proposed plan.
4: The Council must, no later than 20 working days after it is provided with the report under section 146
a: publicly notify its decisions under subsection (1)
i: each recommendation of the Hearings Panel that it accepts; and
ii: each recommendation of the Hearings Panel that it rejects and the reasons for doing so; and
iii: the alternative solution for each rejected recommendation; and
b: electronically notify each requiring authority affected by the decisions of the Council under subsection (1) paragraph (a)
5: Subsection (6)
6: The Council may notify the recommendation as accepted, but only if, when complying with subsection (4)(a)(i)
7: A recommendation to which subsection (5)
8: Subsection (4) section 149
149: Extension of deadline for decisions
1: The Auckland Council may request the Minister for the Environment to extend the deadline referred to in section 148(4) original deadline
2: A request must be made before the original deadline or, if the original deadline has already been extended, before the extended deadline.
3: A request must be in writing and specify a proposed date for the extended deadline that is no later than 20 working days after the original deadline.
4: If the Minister grants a request, the original deadline is extended accordingly.
5: Section 37 of the RMA does not apply to the original deadline or to an extended deadline (meaning that the Council cannot extend the deadline, or waive a failure to comply with the deadline, under that provision).
150: Auckland Council to release Hearings Panel report
At the same time as the Auckland Council publicly notifies its decisions under section 148(4)(a) section 144(5)
a: on the Council's Internet site; and
b: for inspection during working hours, free of charge, at the offices of the Council and anywhere else that the Council determines is appropriate. Designations and heritage orders of requiring authorities other than Auckland Council
151: Designations and heritage orders of requiring authorities other than Auckland Council
1: A decision of the Auckland Council that is notified to a requiring authority under section 148(4)(b)
2: The requiring authority must notify the Auckland Council as to whether it accepts or rejects the recommendation in whole or in part within 30 working days after the day on which it receives the recommendation.
3: The requiring authority may modify the requirement only if the modification is recommended by the Auckland Council or is not inconsistent with the requirement as notified.
4: If the requiring authority rejects the recommendation in whole or in part, or modifies the requirement, it must give reasons for its decision.
5: The Auckland Council must ensure that, within 15 working days after it receives the decision, a notice of decision and a statement of the time within which an appeal against the decision may be lodged is served on—
a: persons who made a submission on the requirement; and
b: owners and occupiers of land to which the designation or heritage order applies.
6: If the Auckland Council gives a notice of a decision, it must—
a: make a copy of the decision available for inspection on its Internet site and at its offices; and
b: include with the notice a statement of the places where a copy of the decision is available; and
c: send or provide, on request, a copy of the decision within 3 working days after the request is received. Proposed plan deemed approved or adopted
152: Proposed plan deemed approved or adopted on and from certain dates
1: This section applies to the proposed plan once the Auckland Council publicly notifies its decisions on the recommendations of the Hearings Panel under section 148(4)(a)
2: Each part of the proposed plan, other than the parts relating to the coastal marine area, designations, and heritage orders,—
a: is amended in accordance with the decisions of the Council; and
b: is deemed to have been approved by the Council under clause 17(1) of Schedule 1 of the RMA on and from—
i: the date on which the appeal period expires, if no appeals relating to that part of the proposed plan are made under section 155
ii: the date on which all appeals, including further appeals, relating to that part of the proposed plan are determined, if appeals are made under that section.
3: Each part of the proposed plan relating to the coastal marine area—
a: is amended in accordance with the decisions of the Council; and
b: on and from the following date is deemed to have been adopted by the Council under clause 18(1) of Schedule 1 of the RMA and must be sent by the Council to the Minister of Conservation for his or her approval under clause 18(3) of that schedule:
i: the date on which the appeal period expires, if no appeals relating to that part of the proposed plan are made under section 155
ii: the date on which all appeals, including further appeals, relating to that part of the proposed plan are determined, if appeals are made under that section.
4: The part of the proposed plan relating to a designation or heritage order—
a: is amended in accordance with the decision about the designation or heritage order—
i: notified by the requiring authority under section 151(2)
ii: notified by the Council under section 148(4)(a)
b: is deemed to have been approved by the Council under clause 17(1) of Schedule 1 of the RMA on and from—
i: the date on which the appeal period expires, if no appeals relating to the designation or heritage order are made under section 157
ii: the date on which all appeals, including further appeals, relating to the designation or heritage order are determined, if appeals are made under that section.
5: However, the parts of the proposed plan relating to any existing designations or heritage orders that were included in the proposed plan without modification, and on which no submissions were received, are deemed to have been approved by the Council under clause 17(1) of Schedule 1 of the RMA on and from the date on which the Auckland Council publicly notifies its decisions under section 148(4)(a) RMA provisions relating to legal effect of rules apply
153: RMA provisions relating to legal effect of rules apply
1: Sections 86A to 86G of the RMA apply, with all necessary modifications, to a rule contained in the proposed plan.
2: Without limiting subsection (1) section 148(4)(a) Objections, appeals, and judicial review
154: Objection rights
1: A person who made a submission on the proposed plan has the following rights of objection to the Hearings Panel:
a: a decision of the Hearings Panel under section 132
b: a decision of the Hearings Panel to strike out the whole or a part of the person's submission under section 140(2)
2: An objection must be made by notice in writing, setting out the reasons for the objection, no later than 15 working days after the decision is notified to the person or any longer time allowed by the Hearings Panel.
3: The Hearings Panel must—
a: consider the objection as soon as practicable; and
b: hold a hearing on the objection at which all members are present, having given the objector no less than 5 working days' notice of the date, time, and place for the hearing.
4: After the hearing, the Hearings Panel must—
a: dismiss the objection or uphold the objection in whole or in part; and
b: inform the objector in writing of the Panel's decision and the reasons for it.
5: A decision of the Hearings Panel under this section is final and there is no right of appeal against it.
155: Appeal rights
The only appeal rights available in respect of the proposed plan are as follows:
a: the right of appeal to the Environment Court under section 156 or 157
b: the right of appeal to the High Court under section 158
156: Right of appeal to Environment Court
1: A person who made a submission on the proposed plan may appeal to the Environment Court in respect of a provision or matter relating to the proposed plan—
a: that the person addressed in the submission; and
b: in relation to which the Council rejected a recommendation of the Hearings Panel and decided an alternative solution, which resulted in—
i: a provision being included in the proposed plan; or
ii: a matter being excluded from the proposed plan.
2: However, if the Council's alternative solution included elements of the Hearings Panel's recommendation, the right of appeal is limited to the effect of the differences between the alternative solution and the recommendation.
3: A person may appeal to the Environment Court in respect of a provision or matter relating to the proposed plan if—
a: the Council's acceptance of a recommendation of the Hearings Panel resulted in—
i: the provision being included in the proposed plan; or
ii: the matter being excluded from the proposed plan; and
b: the Hearings Panel had identified the recommendation as being beyond the scope of the submissions made on the proposed plan; and
c: the person is, was, or will be unduly prejudiced by the inclusion of the provision or exclusion of the matter.
4: The Environment Court must treat an appeal under this section as if it were a hearing under clause 15 of Schedule 1 of the RMA and, except as otherwise provided in this section, clauses 14(5) and 15 of Schedule 1 of the RMA and Parts 11 and 11A of the RMA apply to the appeal (including, to avoid doubt, sections 299 to 308).
5: Notice of the appeal must be in the prescribed form and lodged with the Environment Court, and served on the Auckland Council, no later than 20 working days after the Council notifies the matters under section 148(4)(a)
6: If the subject matter of the notice of appeal relates to the coastal marine area, the person must also serve a copy of the notice on the Minister of Conservation no later than 5 working days after the notice is lodged with the Environment Court.
157: Right of appeal to Environment Court (designations and heritage orders)
1: A person has a right of appeal to the Environment Court against any aspect of a decision referred to in section 152(4)(a)
a: the person is an owner or occupier of land to which the designation or heritage order applies; and
b: the person made a submission on the requirement that referred to that aspect of the decision.
2: A person has a right of appeal to the Environment Court against any aspect of a decision referred to in section 152(4)(a)
a: the person is not an owner or occupier of land to which the designation or heritage order applies; and
b: the person made a submission on the requirement that referred to that aspect of the decision; and
c: in that aspect of the decision, the requiring authority rejected the Auckland Council's recommendation on the matter.
3: The Auckland Council has a right of appeal to the Environment Court against any aspect of a decision referred to in section 152(4)(a)
4: A person has a right of appeal to the Environment Court against any aspect of a decision referred to in section 152(4)(a)
a: the person is not an owner or occupier of land to which the designation or heritage order applies; and
b: the person made a submission on the requirement that referred to that aspect of the decision; and
c: in that aspect of the decision, the Council rejected the Hearings Panel's recommendation on the matter.
5: An appeal must be treated as if it were an appeal under section 174 of the RMA, and that section and Parts 11 and 11A of the RMA apply to the appeal (including, to avoid doubt, sections 299 to 308).
6: Despite subsection (5)
a: section 151(5)
b: section 148(4)(a)
158: Right of appeal to High Court on question of law
1: A person who made a submission on the proposed plan may appeal to the High Court in respect of a provision or matter relating to the proposed plan—
a: that the person addressed in the submission; and
b: in relation to which the Council accepted a recommendation of the Hearings Panel, which resulted in—
i: a provision being included in the proposed plan; or
ii: a matter being excluded from the proposed plan.
2: A person may appeal to the High Court against any aspect of a decision referred to in section 152(4)(a)
a: the person is not an owner or occupier of land to which the designation or heritage order applies; and
b: the person made a submission on the requirement that referred to that aspect of the decision; and
c: in that aspect of the decision, the requiring authority accepted the Auckland Council's recommendation on the matter.
3: A person may appeal to the High Court against any aspect of a decision referred to in section 152(4)(a)
a: the person is not an owner or occupier of land to which the designation or heritage order applies; and
b: the person made a submission on the requirement that referred to that aspect of the decision; and
c: in that aspect of the decision, the Council accepted the Hearings Panel's recommendation on the matter.
4: However, an appeal under this section may only be on a question of law.
5: Except as otherwise provided in this section, sections 299(2) and 300 to 307 of the RMA apply, with all necessary modifications, to an appeal under this section.
6: Notice of the appeal must be filed with the High Court, and served on the Auckland Council, no later than 20 working days after the Council notifies the matters under section 148(4)(a)
7: If the subject matter of the notice of appeal relates to the coastal marine area, the person must also serve a copy of the notice on the Minister of Conservation no later than 5 working days after the notice is filed with the High Court.
159: Judicial review
1: Nothing in this Part limits or affects any right of judicial review a person may have in respect of any matter to which this Part applies, except as provided in sections 156(4) and 157(5)
2: However, a person must not both apply for judicial review of a decision made under this Part and appeal to the High Court under section 158
3: If applications for judicial review and appeal are lodged together, the High Court must try to hear the judicial review and appeal proceedings together, but need not if the court considers it impracticable to do so in the circumstances of the particular case. Auckland Council to notify when plan operative
160: Auckland Council to notify when plan operative
The Auckland Council must notify the date on which the plan, or each part of the plan, as the case may be, will become operative in accordance with clause 20 of Schedule 1 of the RMA. Hearings Panel
161: Minister for Environment and Minister of Conservation to establish Hearings Panel
1: The Minister for the Environment and the Minister of Conservation must establish a Hearings Panel.
2: The Hearings Panel comprises—
a: a chairperson; and
b: 3 to 7 other members.
3: The chairperson and other members must be appointed jointly by the Ministers after consulting the Auckland Council and the Independent Māori Statutory Board.
4: The Ministers must appoint members who collectively have knowledge of, and expertise in relation to, the following:
a: the RMA; and
b: district plans, regional plans (including regional coastal plans), and regional policy statements or combined regional and district documents; and
c: tikanga Māori, as it applies in Tāmaki Makaurau; and
d: Auckland and the mana whenua groups and other people of Auckland; and
e: the management of legal proceedings, including cross-examination.
5: However, a failure to comply with subsection (4)
6: A member must be appointed in accordance with section 162
7: To avoid doubt, the Ministers may appoint additional members after the initial appointment of members so long as the total number is no more than 7 members and a chairperson.
8: The Ministers may appoint a member to replace a member who ceases to hold office.
9: Subsections (4) to (6)
10: As soon as practicable after establishing the Hearings Panel and appointing its initial members,—
a: the Minister for the Environment must notify the Panel's establishment on the Internet site of the Ministry; and
b: the Council must notify the Panel's establishment on the Council's Internet site.
162: How members appointed
1: The Minister for the Environment must give a person appointed as a member of the Hearings Panel a written notice of the appointment that complies with subsection (2)
2: The notice of appointment must—
a: state the date on which the appointment takes effect; and
b: state the term of the appointment; and
c: specify the terms of reference for both the Hearings Panel and the member.
163: When member ceases to hold office
1: A member of the Hearings Panel remains a member until the earliest of the following:
a: his or her term of office ends:
b: he or she dies:
c: he or she resigns by giving 20 working days' written notice to the Minister for the Environment and the Minister of Conservation:
d: he or she is removed under subsection (2)
e: the Hearings Panel ceases to exist.
2: The Minister for the Environment and the Minister of Conservation may, at any time for just cause, remove a member by written notice to the member (with a copy to the Hearings Panel).
3: The notice must state—
a: the date on which the removal takes effect, which must not be earlier than the date on which the notice is received by the member; and
b: the reasons for the removal.
4: A member of the Hearings Panel is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.
5: In subsection (2) just cause
164: Functions of Hearings Panel
The Hearings Panel has the following functions and powers for the purposes of holding a Hearing into the submissions on the proposed plan and any variation permitted by section 124(4)
a: to hold hearing sessions; and
b: for the purposes of paragraph (a)
i: to hold or authorise the holding of pre-hearing session meetings, conferences of experts, and alternative dispute resolution processes; and
ii: to commission reports; and
iii: to hear any objections made in accordance with section 154
c: to make recommendations to the Auckland Council on the proposed plan and any variation; and
d: except as expressly provided by this Part, to regulate its own proceedings in the manner it thinks fit; and
e: to carry out or exercise any other functions or powers conferred by this Part or that are incidental and related to, or consequential upon, any of its functions and powers under this Part.
165: Powers of chairperson
The chairperson of the Hearings Panel has the following powers:
a: to decide how many, and which, members of the Hearings Panel are to be present at each hearing session:
b: to appoint another member to act as chairperson for any hearing sessions at which he or she will not be present:
c: to decide whether to accept any late submissions:
d: to deal with any complaints in respect of the Hearings Panel or any member of the Panel.
166: Term of Hearings Panel
The Hearings Panel exists until it has completed the performance or exercise of its functions and powers in relation to the Hearing, including any appeals in relation to the Hearing that are filed in any court.
167: Liability of members
A member is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the Hearings Panel.
168: Funding of Hearings Panel and related activities
1: The Auckland Council is responsible for all costs incurred by the Hearings Panel, and for the activities related to the performance or exercise of the Panel's functions and powers, under this Part.
2: Without limiting subsection (1)
a: the remuneration and expenses of the members of the Hearings Panel; and
b: the administrative costs of each hearing session, including venue hire and public notices; and
c: the remuneration of any expert, mediator or other dispute resolution facilitator, or other person whose services are engaged by the Hearings Panel under this Part; and
d: the allowances of any witness called by the Hearings Panel.
3: For the purposes of subsection (1)
a: remuneration by way of salary, fees, or allowances at a rate determined by the Minister for the Environment after consultation with the Council; and
b: actual and reasonable travelling and other expenses incurred in carrying out his or her office in accordance with the Fees and Travelling Allowances Act 1951, and that Act applies as if the members were members of a statutory Board within the meaning of that Act.
169: Application of Local Government Official Information and Meetings Act 1987
The Local Government Official Information and Meetings Act 1987 applies, with any necessary modifications, to the Hearings Panel as if it were a board of inquiry given authority to conduct a hearing under section 149J of the RMA. |
DLM5300802 | 2013 | Family Proceedings Amendment Act 2013 | 1: Title
This Act is the Family Proceedings 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.
3: Principal Act
This Act amends the Family Proceedings Act 1980 principal Act 2014-07-15 Family Proceedings Act 1980 see section 2(1) This Act or parts of this Act can come into force earlier by OIC.
4: Appointment of barrister or solicitor to assist Court or represent children
Section 162(6)
5: New sections 162B to 162E inserted
The following sections are inserted after section 162
162B: Costs of Court-appointed barrister or solicitor
1: Despite section 162(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 162(1)(a), the Court may, if it thinks it is appropriate, order a party to the proceedings to refund to the Crown an amount the Court specifies in respect of those fees and expenses.
2: Despite section 162(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 162(1)(b), the Court must make an order under section 162C
162C: Order requiring refund of payments in respect of barrister or solicitor representing child
1: An order referred to in section 162B(2)
2: Each party must pay an equal share of the prescribed proportion.
3: Despite subsection (1)
4: Despite subsection (2)
5: In this section,— dependent child prescribed proportion section 131A serious hardship
a: includes significant financial difficulties that arise because of—
i: the party's inability to meet minimum living expenses according to normal community standards; or
ii: the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
iii: a serious illness suffered by the party or by a dependent child of the party; or
iv: the cost of education for a dependent child of the party:
b: does not include significant financial difficulties that arise because—
i: the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
ii: the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.
162D: Enforcement of orders to refund fees and expenses of Court-appointed barristers or solicitors
1: The amount that a party is ordered to refund under section 162B(1) 162C
2: Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no Court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1)
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the Court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.
162E: Time for payment of orders to refund fees and expenses of Court-appointed barristers or solicitors may be extended
1: If an amount that a party is ordered to refund under section 162B(1) 162C
a: a greater time for payment:
b: payment to be made by instalments.
2: No arrangement under subsection (1)
3: No action to enforce an amount that is the subject of an arrangement under this section may be taken as long as the arrangement continues in force and is duly observed.
4: If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.
6: Transitional provisions relating to reimbursement of costs of Court-appointed counsel
1: Section 162(6) section 4
2: This subsection applies to—
a: any order made under section 162(6) section 4
b: any order made, after that commencement, under section 162(6) subsection (1)
3: Despite subsection (1) subsection (2) section 162(6) subsection (1)
4: Sections 162B 162C 162D(1) section 5 section 5
5: Sections 162D(2) and (3) and 162E section 5 subsection (2) |
DLM5326004 | 2013 | Public Finance Amendment Act 2013 | 1: Title
This Act is the Public Finance 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 Public Finance Act 1989 principal Act 2013-07-18 Public Finance Act 1989 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 Public Finance Act 1989 Part 2
1: Amendments coming into force on day after date of Royal assent
4: Section 1A amended (Purpose)
1: In section 1A(2)(d) departments, departmental agencies,
2: In section 1A(2)(d) and organisations named or described in Schedule 4 Schedule 4 organisations, and Schedule 4A
3: In section 1A(2)(e) organisations named or described in Schedule 4 Schedule 4 organisations and Schedule 4A
5: Section 2 amended (Interpretation)
1: In section 2(1) appropriation administrator
a: in relation to an appropriation made to the Crown, means the department that administers the appropriation on behalf of the appropriation Minister; and
b: in relation to an appropriation made to an Office of Parliament, means that Office of Parliament appropriation Minister
a: in relation to an appropriation made to an Office of Parliament, means the Speaker; and
b: in relation to an appropriation administered by the Office of the Clerk of the House of Representatives or the Parliamentary Service, means the Speaker; and
c: in relation to any other appropriation, means the Minister responsible for that appropriation category
a: in relation to expenses, means a grouping of similar or related expenses; and
b: in relation to capital expenditure, means a grouping of similar or related items of capital expenditure .
2: In section 2(1) chief executive
aa: in the case of a departmental agency, the person holding office under section 31 of the State Sector Act 1988 as the chief executive of the departmental agency: .
3: In section 2(1) Crown the Sovereign State-Owned Enterprises Act 1986 ; or
4: In section 2(1), definition of Crown the Sovereign
iv: a Schedule 4 organisation; or
v: a Schedule 4A
vi: a mixed ownership model company .
5: In section 2(1) department
a: means—
i: a department (as defined in section 27A(1) and (2)
ii: the New Zealand Defence Force; or
iii: the New Zealand Police; or
iv: the New Zealand Security Intelligence Service; or
v: the Parliamentary Counsel Office; or
vi: the Office of the Clerk of the House of Representatives; or
vii: the Parliamentary Service; but .
6: In section 2(1) departmental
a: in relation to expenses, means expenses incurred by a department or an Office of Parliament; and
b: in relation to capital expenditure, means capital expenditure incurred by a department or an Office of Parliament departmental agency section 27A see also section 27B host department section 27A(1) and (2) lend money
a: includes—
i: deferring payment for any goods or services supplied or works constructed for any person, organisation, or government; and
ii: entering into hire purchase agreements or agreements that are of the same or a substantially similar nature; and
iii: entering into finance lease arrangements or arrangements that are of the same or a substantially similar nature; but
b: does not include selling or supplying goods or services on credit for a period of 90 days or less from the date the credit is supplied non-departmental
a: in relation to expenses, means expenses incurred on behalf of the Crown, other than by a department or an Office of Parliament; and
b: in relation to capital expenditure, means capital expenditure incurred on behalf of the Crown, other than by a department or an Office of Parliament permanent legislative authority
a: in relation to incurring expenses or capital expenditure, means an express authority given by or under an Act other than an Appropriation Act to incur expenses or capital expenditure without further appropriation ( see
b: in relation to spending public money, means an express authority given by or under an Act to spend public money without further authority ( see .
7: In section 2(1) public money
a: after received by or on behalf of
b: delete or money received and held by Crown entities
8: In section 2(1) responsible Minister responsible Minister
a: in relation to an Office of Parliament, to the Office of the Clerk of the House of Representatives, or to the Parliamentary Service, the Speaker:
b: in relation to any other department, the Minister for the time being responsible for the financial performance of the department:
c: in relation to a Schedule 4 organisation, the Minister for the time being responsible for the financial performance of the organisation:
d: in relation to a Schedule 4A .
9: In section 2(1) Schedule 4 organisation Schedule 4A company Schedule 4A .
6: New section 2A inserted (Provisions affecting application of amendments to this Act)
After section 2
2A: Provisions affecting application of amendments to this Act
Schedule 1 see section 88
7: Section 3A replaced (Power to amend Schedule 4)
Replace section 3A
3A: Power to amend Schedule 4
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 4—
a: to add the name or description of—
i: any body, office (except an Office of Parliament), or officer established by or under an Act; or
ii: any trust that is created by the Crown by deed of trust or in respect of which the Crown has appointed, or has the power to appoint, a majority of the trustees:
b: to apply to an organisation any provision of the Crown Entities Act 2004 that appears in Schedule 4 (other than section 165 of that Act):
c: to disapply to an organisation any provision of the Crown Entities Act 2004 that appears in Schedule 4:
d: to substitute the name of an organisation in recognition of a change in its name:
e: to remove the name or description of an organisation.
2: The Minister must recommend that an Order in Council be made to remove the name or description of an organisation from Schedule 4 if, and only if, the Minister is satisfied that—
a: the organisation has become a company or a Crown entity; or
b: in the case of a body, office, or officer established by or under an Act, the body, office, or officer has been disestablished; or
c: in the case of a trust,—
i: the trust has been wound up; or
ii: the Crown no longer has the power to appoint a majority of the trustees.
3AB: Power to amend Schedule 4A
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 4A
a: to add the name of a company that meets the following criteria:
i: Ministers of the Crown hold, on behalf of the Crown, more than 50% of the issued ordinary shares in the capital of the company; and
ii: shares in the company are not listed on a registered market (within the meaning of the Securities Markets Act 1988); and
iii: the company is not a Crown entity or a State enterprise named in Schedule 1 of the State-Owned Enterprises Act 1986:
b: to apply to a company any provision of the Crown Entities Act 2004 that appears in Schedule 4A
c: to disapply to a company any provision of the Crown Entities Act 2004 that appears in Schedule 4A
d: to substitute the name of a company in recognition of a change in its name:
e: to remove the name of a company.
2: The Minister must recommend that an Order in Council be made to remove the name of a company from Schedule 4A
a: the company has been removed from the register of companies kept under the Companies Act 1993; or
b: the company no longer meets the criteria set out in subsection (1)(a)
8: Section 4 amended (Expenses or capital expenditure must not be incurred unless in accordance with appropriation or statutory authority)
Replace section 4(2)(b)(ii)
ia: a Schedule 4 organisation; or
ii: a Schedule 4A .
9: New section 4A inserted (Authority to incur expenses or capital expenditure under Imprest Supply Act)
After section 4
4A: Authority to incur expenses or capital expenditure under Imprest Supply Act
1: The authority given by an Imprest Supply Act to incur expenses or capital expenditure in a financial year in advance of appropriation is an authority under an Act for the purposes of sections 4(1) and 26C(1).
2: However, subsection (1)
10: New section 7C inserted (Responsibility for, and administration and use of, appropriations)
After section 7
7C: Responsibility for, and administration and use of, appropriations
1: An appropriation is made to the Crown or an Office of Parliament.
2: In the case of an appropriation made to the Crown,—
a: a Minister (the appropriation Minister
b: the appropriation must be administered by 1 department (the appropriation administrator
c: if the appropriation is an appropriation for departmental expenses or a multi-category appropriation, any other department may incur expenses against the appropriation—
i: at the direction of the appropriation Minister; or
ii: with the agreement of the appropriation administrator.
3: Despite subsection (2)(a)
4: In the case of an appropriation made to an Office of Parliament,—
a: the Speaker is responsible for the appropriation; and
b: the appropriation must be administered by that Office of Parliament.
11: Section 11 amended (Expenses or payments authorised other than by Appropriation Act)
In section 11(2) in accordance with an appropriation , or other authority,
12: Section 19 amended (Power of Secretary to obtain information)
1: In section 19(1) a department , a departmental agency,
2: In section 19(4) department , departmental agency,
13: Section 20 repealed (Departments may incur output expenses for, or on behalf of, other departments)
Repeal section 20
14: Section 25 amended (Expenses or capital expenditure may be incurred in emergencies)
Repeal section 25(3)
15: Section 26Z amended (Power of Secretary to obtain information)
1: In section 26Z(1) department , any departmental agency,
2: In section 26Z(4) department , departmental agency,
16: Section 27 amended (Annual financial statements of Government)
Replace section 27(3)(b)
ab: all Schedule 4 organisations:
b: all Schedule 4A .
17: Section 29A amended (Power of Secretary to obtain information)
1: In section 29A(1) department , any departmental agency,
2: In section 29A(4 department , departmental agency,
18: Section 29B amended (Auditor-General to be auditor of Government reporting entity)
In section 29B this Act this Act,
19: Section 31 amended (Annual financial statements must be presented to House of Representatives)
1: In the heading to section 31 House of Representatives and published
2: In section 31(3) published , on an Internet site maintained by or on behalf of the Treasury,
3: After section 31(3)
4: The Secretary must ensure that the annual financial statements, the audit report, and the statement of responsibility remain available on that Internet site for inspection by members of the public for at least 5 financial years after the financial year to which the annual financial statements relate.
20: Section 31A amended (Monthly financial statements of Government)
1: In section 31A(4 published , on an Internet site maintained by or on behalf of the Treasury,
2: After section 31A(4)
5: The Secretary must ensure that the monthly financial statements remain available on that Internet site for inspection by members of the public for at least 5 financial years after the financial year to which the monthly financial statements relate.
21: Section 31B repealed (Publication, inspection, and purchase of financial statements of Government reporting entity)
Repeal section 31B
22: Part 4 heading amended
In the Part 4 departments and departmental agencies
23: Sections 33 to 36 and cross-heading above section 34 replaced
Replace sections 33 to 36 section 34
33: Extended meaning of department for purpose of Part 4
In this Part, the following activities, bodies, and statutory offices must be taken to be part of a department:
a: any activities, other than activities performed by a natural person or separate legal entity, that are funded by way of appropriation administered by the department:
b: any bodies or statutory offices, other than natural persons or separate legal entities, that are funded by way of appropriation administered by the department. Responsibilities of chief executives
34: Responsibilities of chief executives: financial management of departmental matters
1: The chief executive of a department—
a: is responsible to the responsible Minister for the financial management, financial performance, and financial sustainability of the department; and
b: must comply with any lawful financial actions required by the Minister or the responsible Minister.
2: The chief executive of a department that administers an appropriation—
a: is responsible to the appropriation Minister for what is achieved with departmental expenses and departmental capital expenditure under that appropriation; and
b: is responsible for advising the appropriation Minister on the efficiency and effectiveness of any departmental expenses or departmental capital expenditure under that appropriation.
3: However, if a department other than the appropriation administrator, or any departmental agency, incurs departmental expenses or departmental capital expenditure against the appropriation at the direction of the appropriation Minister (under section 7C(2)(c)(i) subsection (2)(a)
35: Responsibilities of chief executives: financial management of non-departmental matters
The chief executive of a department is responsible for—
a: the financial management of, and financial reporting on, appropriations for non-departmental expenses and non-departmental capital expenditure administered by the department; and
b: advising the appropriation Minister on the efficiency and effectiveness of expenditure under those appropriations; and
c: the financial management of, and financial reporting on, assets, liabilities, and revenue managed by the department on behalf of the Crown; and
d: advising the Minister responsible for those assets, liabilities, and revenue on their performance.
36: Responsibilities of chief executives: reporting
1: The chief executive of a department is responsible to the responsible Minister for ensuring that the department complies with the reporting requirements imposed on the department by or under this or any other Act.
2: The chief executive of a departmental agency is responsible, to the Minister for the time being responsible for the performance of the departmental agency, for ensuring that the departmental agency complies with the reporting requirements imposed on the departmental agency by or under this or any other Act.
24: Section 37 amended (Power of departmental chief executives to obtain information)
1: In the heading to section 37 departmental
2: Replace section 37(1)
1: The chief executive of a department or departmental agency may request any specified person to supply to the chief executive any information that is necessary to enable the chief executive to carry out his or her responsibilities in relation to the department or departmental agency (as applicable) under sections 34 to 36
3: In section 37(3) department or departmental agency
25: Sections 43 and 44 replaced
Replace sections 43 44
43: Departments must prepare annual reports
1: As soon as practicable after the end of each financial year, each department must prepare a report on the operations of the department for that financial year, excluding operations on which any departmental agency hosted by the department is required to report under section 43A
2: Not later than 15 working days after receiving an audit report under section 45D, the department must provide the annual report and the audit report to its responsible Minister.
3: This section does not limit any provision in any other Act that requires the chief executive of a department to provide an annual report, but the chief executive need not provide a separate report under each enactment.
43A: Departmental agencies must prepare annual reports
1: As soon as practicable after the end of each financial year, each departmental agency must prepare a report on the operations of the departmental agency for that financial year.
2: As soon as practicable after the end of the financial year, but not later than 15 working days after the audit date (as defined in section 44(6)
a: the Minister for the time being responsible for the performance of the departmental agency; and
b: the responsible Minister for the departmental agency's host department.
3: This section does not limit any provision in any other Act that requires the chief executive of a departmental agency to provide an annual report, but the chief executive need not provide a separate report under each enactment.
44: Obligation to present and publish annual reports
1: A responsible Minister must present to the House of Representatives—
a: the annual report of a department for which he or she is the responsible Minister and any applicable audit report; and
b: the annual report of any departmental agency hosted by a department for which he or she is the responsible Minister and any applicable audit report.
2: The responsible Minister (or the Minister referred to in subsection (3)(b) subsection (1)
a: not later than 15 working days after the audit date; or
b: if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.
3: A Minister other than the responsible Minister may present an annual report and audit report (if any) to the House of Representatives if—
a: those reports are presented in a document that includes another report or other information ( see subsection (5)
b: that other Minister is responsible for presenting that other report or information.
4: A department or departmental agency must publish its annual report and any applicable audit report—
a: as soon as practicable after the annual report has been presented to the House of Representatives, but, if subsection (2)(b)
b: in accordance with the manner (if any)—
i: prescribed by regulations made under this Act; or
ii: specified in instructions issued by the Minister under section 80A.
5: The annual report of a department or departmental agency 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 department or departmental agency, but only if each report or set of information is separately identifiable within that document.
6: In this section,— audit date
a: in the case of a department, the date on which the department receives an audit report; and
b: in the case of a departmental agency, the date on which the departmental agency's host department receives an audit report audit report
26: Section 45 amended (Contents of departmental annual report)
After section 45(2)
2A: However, a department's annual report need not include information that any departmental agency hosted by the department is required to include in its annual report under section 45AA
27: New section 45AA inserted (Contents of departmental agency annual report)
After section 45
45AA: Contents of departmental agency annual report
1: The annual report of a departmental agency must contain the following information in respect of the financial year to which it relates:
a: an assessment of the departmental agency's operations; and
b: an assessment of the departmental agency's progress in relation to any of the host department's future operating intentions that are relevant to the departmental agency; and
c: information about the departmental agency's management of its organisational health and capability; and
d: any other matters that relate to or affect the departmental agency's operations that the departmental agency is required, has undertaken, or wishes to report on in its annual report.
2: The annual report of a departmental agency must identify the departmental agency's host department.
3: The annual report must be dated and signed on behalf of the departmental agency by its chief executive.
28: Section 45H amended (Application of subpart)
1: Replace section 45H(1)
1: This subpart applies to the following entities:
a: a department and any other entity that must provide an annual report that includes audited annual financial statements for presentation to the House of Representatives; and
b: a departmental agency; and
c: an entity that must provide audited annual financial statements (rather than an annual report) for presentation to the House of Representatives.
2: In section 45H(2) subsection (1)(b) subsection (1)(c)
29: Sections 45I to 45K replaced
Replace sections 45I to 45K
45I: First annual report for newly established entities
1: The Minister may (at the Minister's discretion) exempt an entity that is established during the last 4 months of a financial year from the obligation to provide an annual report for that financial year.
2: Despite subsection (1)
a: the statements of expenses and capital expenditure required by section 45B(2)(c) and (d); and
b: an audit report on those statements.
3: An entity that is exempted under subsection (1)
4: To avoid doubt, the annual report referred to in subsection (3)
5: Subsections (1) to (4)
45J: Final annual report for disestablished entities
1: An entity that is disestablished must provide a final report for the period—
a: commencing at the start of the financial year in which the entity is disestablished; and
b: ending on the date on which the entity is disestablished (the disestablishment date
2: The final report must be—
a: prepared as if it were an annual report; and
b: provided not later than 3 months after the disestablishment date.
3: If the Minister is satisfied that it is necessary or expedient to transfer some or all of the responsibility for providing a final report to another party,—
a: the Minister may approve the transfer of that responsibility; and
b: if the Minister does so, each party with responsibility for providing the final report must sign the statement of responsibility for the report in respect of the matters in the report for which the party is responsible.
45K: Final annual report for entities that cease to be subject to requirement to provide annual report
1: An entity that ceases to be subject to the requirement to provide an annual report for presentation to the House of Representatives must provide a final report for the period—
a: commencing at the start of the financial year in which the entity ceases to be subject to the requirement to provide an annual report; and
b: ending on the date on which the entity ceases to be subject to the requirement to provide an annual report (the specified date
2: The final report must be—
a: prepared as if it were an annual report; and
b: provided not later than 3 months after the specified date.
3: Despite subsection (2)(b)
4: If the Minister is satisfied that it is necessary or expedient to transfer some or all of the responsibility for providing a final report to another party,—
a: the Minister may approve the transfer of that responsibility; and
b: if the Minister does so, each party with responsibility for providing the final report must sign the statement of responsibility for the report in respect of the matters in the report for which the party is responsible.
30: Sections 45M and 45N and subpart 2 heading in Part 5 replaced
Replace sections 45M 45N subpart 2
2: Application of Crown Entities Act 2004 to Schedule 4 organisations
45M: Application of Crown Entities Act 2004 to Schedule 4 organisations
1: The following sections of the Crown Entities Act 2004, and any regulations that apply to the matters referred to in those sections, apply to a Schedule 4 organisation as if the organisation were a Crown entity under that Act:
a: sections 133 and 134 (which relate to supply of information):
b: sections 154 to 156 (which relate to annual financial statements, statements of responsibility, and audit reports):
c: section 158 (which relates to bank accounts):
d: if there is a tick in a column of the table in Schedule 4 of this Act alongside the name or description of the organisation, the section indicated in the heading of that column:
e: if section 139 paragraph (d)
f: if section 150 of the Crown Entities Act 2004 (which is the obligation to prepare, present, and publish an annual report) applies to the organisation under paragraph (d)
2: The responsible Minister for a Schedule 4 organisation that is required, under subsection (1)(d) section 153 subsection (1)(b)
3: If a Schedule 4 organisation is established or regulated under an Act, the provisions applied by this section apply to the organisation subject to any express negation or modification of the provision in that Act.
45N: Exemptions from certain sections of Crown Entities Act 2004 for Schedule 4 organisations
1: The Minister may exempt a Schedule 4 organisation, for 1 or more financial years or until further notice, from any of the requirements in sections 141, 151, and 152 of the Crown Entities Act 2004, other than the requirements in section 151(1)(c) to (e).
2: If the Minister considers that it is necessary or desirable to grant an exemption under this section, the Minister may grant the exemption—
a: by notice in writing to the organisation; and
b: on any conditions that the Minister thinks fit.
31: New Part 5AAA inserted
After section 45O
5AAA: Non-listed companies in which the Crown is majority or sole shareholder
45OA: Application of Crown Entities Act 2004 to non-listed companies in which the Crown is majority or sole shareholder
1: The following provisions of the Crown Entities Act 2004 apply to a Schedule 4A
a: section 79 (which relates to formation and acquisition of shares):
b: sections 81 and 82 (which require a constitution to be presented to the House of Representatives), except that section 81 must be read as if it required the constitution to contain a statement to the effect that the company is a company named in Schedule 4A
c: sections 83 and 84 (which relate to the shareholding Minister), except that, if the company is not 100% Crown-owned, the references in section 84 to a shareholding Minister must be read as if they were references to the shareholders:
d: section 85 (which relates to the interface between the Crown Entities Act 2004 and the Companies Act 1993 and other Acts in respect of Crown entity companies):
e: if the company is 100% Crown-owned,—
i: section 88 (which sets out the shareholding Ministers' role):
ii: section 88A
f: sections 89 to 92, 94, and 95 (which relate to appointment, removal, and duties of board members), except that, if the company is not 100% Crown-owned, the reference in section 94(1) to duties owed to the shareholding Ministers must be read as a reference to duties owed to shareholders:
g: sections 96, 97, and 99 (which relate to subsidiaries):
h: section 100 (which relates to the acquisition of shares or interests in companies, trusts, and partnerships, etc):
i: section 102 (which relates to the interface between the Crown Entities Act 2004 and the Companies Act 1993 and other Acts in respect of Crown entity subsidiaries):
j: sections 107 to 111 and 113 (which relate to directions under section 107 of the Crown Entities Act 2004):
k: section 114 (which relates to government directions):
l: section 118 (which is the obligation to be a good employer):
m: sections 132 to 135 (miscellaneous provisions):
n: sections 136 to 157 (which relate to reporting obligations):
o: section 158 (which relates to bank accounts):
p: if there is a tick in a column of the table in Schedule 4A
2: In the case of a Schedule 4A subsection (1)(n)
3: For the purposes of subsections (1) and (2) Schedule 4A 100% Crown-owned
4: For the purposes of section 107(2)(a) of the Crown Entities Act 2004, Schedule 4A
5: If a Schedule 4A
32: Section 49 amended (The Crown not liable for debts of Crown entities, etc)
1: In section 49(1)(a) or an organisation named or described in Schedule 4 , a Schedule 4 organisation, or a Schedule 4A
2: In section 49(1)(b) or of an organisation named or described in Schedule 4 , a Schedule 4 organisation, or a Schedule 4A
33: Section 65I amended (Investment of public money)
In section 65I(3) Crown Bank Account or, if the Minister directs, a Departmental Bank Account
34: Section 65K replaced (The Crown must not lend money except under statute)
Replace section 65K
65K: The Crown must not lend money except under statute
Except as expressly authorised by any Act, the Crown must not lend money to a person or an organisation.
35: Section 65N repealed (Authority to lend money includes authority to defer payments)
Repeal section 65N
36: Section 65Z amended (Auditor-General may direct Ministers to report to House of Representatives in cases involving unlawful expenses, etc)
Replace section 65Z(1)(a) and (b)
a: is not within the scope, amount, or period of any appropriation, or other authority, by or under an Act; or
b: is, for any other reason, unlawful.
37: Section 65ZA amended (Auditor-General may stop payments out of Bank Accounts)
In section 65ZA(1)
a: is not within the scope, amount, or period of any appropriation, or other authority, by or under an Act; or
b: is, for any other reason, unlawful.
38: Section 65ZD amended (Minister may give guarantee or indemnity if in public interest)
1: In section 65ZD(2)(b) the person a person
2: Replace section 65ZD(3)
3: If the contingent liability of the Crown under a guarantee or an indemnity given by the Minister under subsection (1) exceeds $10 million, the Minister must, as soon as practicable after giving the guarantee or indemnity, present a statement to the House of Representatives that the guarantee or indemnity has been given.
39: Section 65ZE amended (Departments may give guarantee or indemnity specified in regulations if in public interest)
Replace section 65ZE(3)
3: If the contingent liability of the Crown under a guarantee or an indemnity given by a department under subsection (1) exceeds $10 million, the responsible Minister must, as soon as practicable after the guarantee or indemnity is given, present to the House of Representatives a statement that the guarantee or indemnity has been given.
40: Section 67 amended (Establishment of bank accounts for trust money)
Replace section 67(2
2: All trust money must, as soon as practicable after being identified as trust money, be lodged in a Trust Bank Account.
41: Section 71AA amended (Delegation of Secretary's powers)
Replace section 71AA(1)(b)
b: conferred on the Minister by this Act and delegated to the Secretary by the Minister.
42: Section 73 amended (Payment of fines to local authorities and other organisations that conduct prosecutions)
In section 73(1) or an organisation named or described in Schedule 4 a Schedule 4 organisation, or a Schedule 4A
43: Section 74 amended (Unclaimed money)
1: In section 74(1) or organisation named or described in Schedule 4 Schedule 4 organisation, or Schedule 4A
2: In section 74(3) or Crown entity Crown entity, organisation, or company
44: Section 75 amended (Minister may exercise powers relating to
bona vacantia
1: Replace section 75(2)
2: If the Minister or any department or departmental agency, on the application of any person, performs an act under subsection (1), the Minister, department, or departmental agency is entitled to charge the person all reasonable fees and costs incurred.
2: In section 75(3) in this section shall derogate from in subsection (1) or (2)
3: After section 75(3)
4: If the Minister, a department, or a departmental agency performs an act under subsection (1) that involves the transfer or disposal of property or a right, that transfer or disposal may be made without further authority than this section.
5: If the Minister, a department, or a departmental agency performs an act under subsection (1) that involves the spending of public money, that money may be paid out of a Crown Bank Account without further authority than this section.
6: Subsections (4) and (5)
45: Section 76 amended (Offences)
In section 76(2) who who,
46: Section 80 amended (Treasury instructions)
1: Replace section 80(1)
1: Subject to the provisions of this Act and of any regulations made under this Act, the Treasury may—
a: issue instructions to departments or departmental agencies for the purpose specified in section 81(1)(a); and
b: issue instructions to departments for all or any of the purposes specified in section 81(1)(ab), (b), (bc), (bd), and (c) to (e).
2: In section 80(2) department or departmental agency
47: Section 80A amended (Minister of Finance instructions)
1: After section 80A(3)(a)(i)
ia: a departmental agency; or .
2: Replace section 80A(3)(a)(iii)
iii: a Schedule 4 organisation; or
iv: a Schedule 4A .
3: Replace section 80A(4)
4: A chief executive of a department, a departmental agency, an Office of Parliament, a Schedule 4 organisation, a Schedule 4A
48: Section 81 amended (Regulations, Orders in Council, and notices)
1: In section 81(1)(a) departments , departmental agencies,
2: Replace section 81(1)(ac)
ac: prescribing minimum requirements concerning the publication of information that departments, departmental agencies, Offices of Parliament, Schedule 4 organisations, and Schedule 4A .
3: In section 81(1)(b) or organisations named or described in Schedule 4 Schedule 4 organisations, or Schedule 4A
4: Replace section 81(1)(ba)
ba: prescribing the non-financial reporting standards that Ministers, departments, departmental agencies, Offices of Parliament, Schedule 4 organisations, or Schedule 4A .
49: Section 82 amended (Consultation and approval requirements for regulations or instructions relating to reporting standards)
In section 82(1)(a) departments or organisations named or described in Schedule 4 departments, departmental agencies, Schedule 4 organisations, or Schedule 4A
50: Section 83 repealed (Abolition of certain accounts)
Repeal section 83
51: Sections 85 to 87 repealed
Repeal sections 85 to 87
52: Section 88 replaced (Transitional provisions)
Replace section 88
88: Application, savings, and transitional provisions relating to amendments to Act
The application, savings, and transitional provisions set out in Schedule 1
53: Schedule 1 replaced
Replace Schedule 1 Schedule 1 Schedule 1
54: Schedule 2 repealed
Repeal Schedule 2
55: Schedule 4 amended
1: In Schedule 4
a: Crown Asset Management Limited:
b: Crown Fibre Holdings Limited:
c: Dispute Resolution Services Limited:
d: Health Benefits Limited:
e: Learning State Limited:
f: The Network for Learning Limited:
g: Research and Education Advanced Network New Zealand Limited:
h: Southern Response Earthquake Services Limited:
i: Tāmaki Redevelopment Company Limited:
j: Transferee companies under the New Zealand Railways Corporation Restructuring Act 1990
2: In Schedule 4 section 153
3: In Schedule 4 section 2 section 153
56: New Schedule 4A inserted
After Schedule 4 Schedule 4A Schedule 2
57: Consequential amendments arising from amendments to Public Finance Act 1989 that come into force on day after Royal assent
The enactments listed in Schedule 3 2013-07-18 Crown Organisations (Criminal Liability) Act 2002 Government Superannuation Fund Act 1956 Hazardous Substances and New Organisms Act 1996 Income Tax Act 2007 Land Transport Management Act 2003 New Zealand Railways Corporation Restructuring Act 1990 New Zealand Superannuation and Retirement Income Act 2001 Ombudsmen Act 1975 Public Audit Act 2001 Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011
2: Amendments coming into force on 1 July 2014
58: Section 2 amended (Interpretation)
1: In section 2(1) Budget first Appropriation Bill main Appropriation Bill
2: In section 2(1) Estimates first Appropriation Bill that relates to main Appropriation Bill for
3: In section 2(1) impact
4: In section 2(1) multi-class output expense appropriation
5: In section 2(1) other expenses
b: benefits or related expenses; or .
6: In section 2(1) outcome
7: In section 2(1) type section 7(1) section 7A(1)
8: In section 2(1) main Appropriation Bill main Appropriation Act multi-category appropriation section 7A(1)(g) .
9: In section 2(1) permanent legislative authority section 5 section 65H(2) section 65ZH
59: Section 7 replaced (Separate appropriation required for types of expenses and capital expenditure)
Replace section 7
7: Expenses and capital expenditure must be allocated to appropriation type
All expenses and capital expenditure to be incurred in any financial year must be allocated to one of the appropriation types set out in section 7A(1)
7A: Appropriation types
1: An appropriation must be an appropriation for—
a: 1 category of output expenses; or
b: 1 category of benefits or related expenses; or
c: 1 category of borrowing expenses; or
d: 1 category of other expenses; or
e: 1 category of capital expenditure; or
f: expenses and capital expenditure to be incurred by an intelligence and security department; or
g: 2 or more categories of 1 or more of the following:
i: output expenses:
ii: other expenses:
iii: non-departmental capital expenditure.
2: For the purposes of this section,—
a: a category of output expenses must not include both departmental and non-departmental expenses; and
b: a category of other expenses must not include both departmental and non-departmental expenses; and
c: a category of capital expenditure must not include both departmental and non-departmental capital expenditure.
7B: Requirements for multi-category appropriations
A multi-category appropriation described in section 7A(1)(g)
a: must be approved by the Minister; and
b: must include only categories of expenses or non-departmental capital expenditure that contribute to a single overarching purpose.
60: Section 9 amended (Appropriation limited by scope)
Replace section 9(2)(a)
a: the scope of a multi-category appropriation is the scope of each of the individual categories of expenses or non-departmental capital expenditure included in that appropriation; and .
61: Section 12 amended (Timing of first Appropriation Bill for financial year)
1: In the heading to section 12 first Appropriation Bill main Appropriation Bill
2: In section 12 first Appropriation Bill that relates to main Appropriation Bill for
62: New sections 12A and 12B and cross-heading inserted
After section 12 Requirements for capital injections
12A: Capital injections must be authorised
1: The Crown must not make a capital injection to a department (other than an intelligence and security department) or an Office of Parliament unless the capital injection is authorised under an Appropriation Act.
2: The authority to make the capital injection—
a: is limited by the amount specified for the capital injection by that Appropriation Act; and
b: must not be exceeded, except as provided for in section 25A
12B: Authority to make capital injections under Imprest Supply Act
1: The authority given by an Imprest Supply Act to make a capital injection in a financial year in advance of authorisation under an Appropriation Act must be treated as an authority under an Appropriation Act for the purposes of sections 12A and 26CA
2: However, subsection (1)
63: Section 13 amended (Estimates and other supporting information must be presented with first Appropriation Bill)
1: Replace the heading to section 13 Estimates and supporting information must be presented with main Appropriation Bill
2: In section 13(2)
a: delete other
b: replace section 15 sections 15 to 15F
64: Sections 14 and 15 replaced
Replace sections 14 15
14: Content of Estimates
1: The Estimates must state, for each appropriation sought in the main Appropriation Bill for a financial year and each appropriation authorised for that financial year by an Appropriation Act,—
a: the Vote to which the appropriation relates; and
b: the appropriation Minister; and
c: the appropriation administrator; and
d: the type of the appropriation (in terms of section 7A(1)
e: in the case of a multi-category appropriation, the overarching purpose of the appropriation (in terms of section 7B(b)
f: the amount authorised by the appropriation (in terms of section 8); and
g: the scope of the appropriation (in terms of section 9); and
h: the period of the appropriation (in terms of section 10), but only if the period is more than 1 financial year.
2: The Estimates must state, for each appropriation authorised by a permanent legislative authority against which it is proposed to incur expenses or capital expenditure in the financial year to which the Estimates relate,—
a: the authority for the appropriation; and
b: the information specified in subsection (1)(a) to (h) subsection (1)(f)
c: the amount forecast to be incurred under the appropriation.
3: The Estimates must state,—
a: for each department, the responsible Minister for the department; and
b: for each department other than an intelligence and security department, the amount of capital injections authorised to be made to the department for the financial year to which the Estimates relate.
4: The Minister may, in addition to the information referred to in this section, include in the Estimates any further information that the Minister considers necessary or desirable.
15: Main Appropriation Bill: supporting information relating to Votes
1: The supporting information for the main Appropriation Bill must include, for the total in each Vote of each type of appropriation,—
a: voted departmental and non-departmental expenses or capital expenditure for the financial year to which the Appropriation Bill relates; and
b: comparative voted and estimated actual expenses or capital expenditure for the previous financial year; and
c: comparative actual expenses or capital expenditure for each of the 4 financial years that preceded the previous financial year; and
d: projected expenses or capital expenditure for each of the 3 financial years following the financial year to which the Appropriation Bill relates.
2: However, if the Vote has been restructured 1 or more times since the beginning of the period in respect of which supporting information is required under subsection (1)
3: For the purposes of subsection (2) restructured
a: it has been combined with, or separated from, any other Vote; or
b: an appropriation, or a category within a multi-category appropriation, has been moved into the Vote from, or moved out of the Vote into, any other Vote; or
c: a category of expenses or non-departmental capital expenditure has been moved into or out of a multi-category appropriation within the Vote.
15A: Main Appropriation Bill: supporting information relating to appropriations
1: The supporting information for the main Appropriation Bill for a financial year must include the information specified in subsections (2) and (3) section 15B
a: each appropriation sought in the Bill; and
b: each appropriation authorised for that financial year by an Appropriation Act; and
c: each appropriation authorised by a permanent legislative authority against which it is proposed to incur expenses or capital expenditure in that financial year.
2: The following information is required for each appropriation:
a: a concise explanation of what the appropriation is intended to achieve; and
b: comparative voted and estimated actual expenses or capital expenditure for the previous financial year; and
c: 1 of the following:
i: the end-of-year performance information details described in section 15C
ii: if the Minister has, under section 15D
3: The following additional information is required for each category of a multi-category appropriation:
a: a concise explanation of what the category is intended to achieve; and
b: projected expenses or non-departmental capital expenditure to be incurred for the category; and
c: comparative projected and estimated actual expenses or non-departmental capital expenditure for the category for the previous financial year.
4: However,—
a: in the case of an appropriation for expenses and capital expenditure to be incurred by an intelligence and security department, subsection (2)(a) and (c)
b: in the case of an appropriation for borrowing expenses, subsection (2)(c)
15B: Comparative information requirements if no directly corresponding appropriation or category
1: This section applies if—
a: section 15A
b: that appropriation or category (the new appropriation or category
2: The comparative information for the new appropriation or category must include all comparable expenses or capital expenditure.
3: The comparative information for the new appropriation or category must also, to the extent practicable,—
a: identify each previous appropriation or category that includes comparable expenses or capital expenditure; and
b: identify the amount of comparable expenses or capital expenditure for that previous appropriation or category.
4: In this section, comparable expenses or capital expenditure
15C: End-of-year performance information requirements
1: The end-of-year performance information details for an appropriation ( see section 15A(2)(c)(i)
a: a concise explanation of how performance against the appropriation will be assessed; and
b: in the case of a multi-category appropriation, a concise explanation of how performance against each category of the appropriation will be assessed; and
c: who, in accordance with subsection (2)
d: the document in which the end-of-year performance information will be presented to the House of Representatives.
2: End-of-year performance information on an appropriation must be provided,—
a: for a multi-category appropriation, by the appropriation administrator; and
b: for an appropriation described in subsection (3)
c: for any other appropriation, by a department, a departmental agency, an Office of Parliament, or a Crown entity.
3: Subsection (2)(b)
15D: Exemptions from end-of-year performance information requirements for certain categories of expenses and capital expenditure
1: The Minister may grant an exemption from the end-of-year performance information requirements in respect of an appropriation for departmental output expenses, or a category of departmental output expenses within a multi-category appropriation, if the Minister is satisfied that the appropriation or category relates exclusively to outputs supplied by a department to 1 or more other departments.
2: The Minister may grant an exemption from the end-of-year performance information requirements in respect of an appropriation for non-departmental expenses or non-departmental capital expenditure, or a category of non-departmental expenses or non-departmental capital expenditure within a multi-category appropriation, if the Minister is satisfied that—
a: the appropriation or category is one from which resources will be provided to a person or an entity other than a department, a departmental agency, an Office of Parliament, or a Crown entity; and
b: 1 of the following applies:
i: key performance information relevant to the appropriation or category will be otherwise readily available to the House of Representatives:
ii: end-of-year performance information for the appropriation or category is not likely to be informative in the light of the nature of the transaction or causal event giving rise to the expenses or capital expenditure:
iii: the amount of the annual appropriation (or its annual average equivalent if the appropriation is a multi-year or permanent appropriation) or the projected amount of the expenses or non-departmental capital expenditure in the category (or its annual average equivalent if the category is part of a multi-year or permanent appropriation) is less than $5 million for expenses or less than $15 million for capital expenditure.
3: An exemption under this section may be granted for 1 or more financial years or until further notice.
4: The Minister’s reasons for granting an exemption must be included in the supporting information for an Appropriation Bill ( see section 15A(2)(c)(ii)
5: In subsection (2)(b)(iii) multi-year appropriation see permanent appropriation
15E: Main Appropriation Bill: supporting information relating to capital injections
1: The supporting information for the main Appropriation Bill must include, for each capital injection authorised for the financial year to which the Appropriation Bill relates,—
a: the department to which the capital injection is to be made; and
b: a concise explanation of what the capital injection is to be used for; and
c: the amount of the capital injection.
2: Subsection (1)
15F: Minister may present further supporting information
The Minister may, in addition to the information referred to in sections 15 to 15E
65: Section 16 amended (Supplementary Estimates must be presented with Supplementary Appropriation Bill)
1: In the heading to section 16 Supplementary Estimates and supporting information
2: In section 16(a) first Appropriation Bill main Appropriation Bill
3: In section 16
2: The Minister must also present to the House of Representatives the supporting information referred to in sections 17A and 17B
66: Section 17 replaced (Content of Supplementary Estimates)
Replace section 17
17: Content of Supplementary Estimates
1: The Supplementary Estimates for a financial year must include—
a: the information specified in section 14(1)
i: each appropriation authorised for that financial year by an Appropriation Act; and
ii: each appropriation sought in an Appropriation Bill relating to that financial year; and
b: the information specified in section 14(2)
2: The Supplementary Estimates must state,—
a: for each department, the responsible Minister for the department; and
b: for each department other than an intelligence and security department, the amount of capital injections authorised to be made to the department for the financial year.
3: The Minister may, in addition to the information referred to in this section, include in the Supplementary Estimates any further information that the Minister considers necessary or desirable.
17A: Supplementary Appropriation Bill: supporting information relating to appropriations
1: The supporting information for a supplementary Appropriation Bill must include,—
a: for each new appropriation, the information (excluding comparative information) specified in section 15A
b: for each existing appropriation, any change to the information (excluding comparative information) specified in section 15A
2: In this section,— comparative information section 15A(2)(b) and (3)(c) existing appropriation section 15A new appropriation
a: an appropriation—
i: that is sought in that Bill; and
ii: for which the information specified in section 15A
b: an appropriation—
i: that is authorised by a permanent legislative authority to incur expenses or capital expenditure; and
ii: against which it is proposed to incur expenses or capital expenditure in that financial year; and
iii: for which the information specified in section 15A
17B: Supplementary Appropriation Bill: supporting information relating to capital injections
1: The supporting information for a supplementary Appropriation Bill must include,—
a: for each new capital injection, the information specified in section 15E
b: for each existing capital injection, any change to the information specified in section 15E
2: In this section,— existing capital injection section 15E new capital injection
a: that is authorised for that financial year; and
b: for which the information specified in section 15E
3: This section does not apply to a capital injection to an intelligence and security department.
67: Section 18 amended (Minister must consult on proposal to change format or content of information presented with Appropriation Bills)
Replace section 18(1)
1: This section applies if the Minister proposes to significantly change the format or content of—
a: the Estimates ( see section 14
b: the supporting information for a main Appropriation Bill ( see sections 15 to 15E
c: the Supplementary Estimates ( see section 17
d: the supporting information for a supplementary Appropriation Bill ( see sections 17A and 17B
68: Section 19 amended (Power of Secretary to obtain information)
1: Replace section 19(1)(a) to (c)
a: the Estimates; or
b: the supporting information for a main Appropriation Bill ( see sections 15 to 15E
c: the Supplementary Estimates ( see section 17
d: the supporting information for a supplementary Appropriation Bill ( see sections 17A and 17B
2: Replace section 19(3)(a) and (b)
a: the Estimates and the supporting information for a main Appropriation Bill ( see
b: the Supplementary Estimates and the supporting information for a supplementary Appropriation Bill ( see
69: New sections 19A to 19C and cross-heading inserted
After section 19 Reporting on appropriations: end-of-year performance information
19A: Provision of end-of-year performance information other than by Ministers
1: This section applies to the department, departmental agency, Office of Parliament, or Crown entity ( performance reporter
2: As soon as practicable after the end of each financial year, the performance reporter must prepare the information that is required by section 19C
3: Not later than 15 working days after the performance reporter receives an audit report on the information under section 45D of this Act or section 156
a: the performance reporter must, unless the performance reporter is the appropriation administrator, provide the information and the audit report to the appropriation administrator; and
b: the appropriation administrator must provide the information and the audit report to the appropriation Minister; and
c: the appropriation Minister must ensure that the information and the audit report are presented to the House of Representatives in the document most recently specified for that purpose in the supporting information for an Appropriation Act.
4: If Parliament is not in session, subsection (3)(c)
5: The performance reporter must ensure that the information is published as soon as practicable after the information is presented to the House of Representatives, or, if subsection (4)
19B: Provision of end-of-year performance information by Ministers
1: This section applies to the appropriation Minister most recently identified in the supporting information for an Appropriation Act as providing end-of-year performance information on an appropriation for a financial year.
2: Within 4 months after the end of the financial year, the appropriation Minister must—
a: prepare the information that is required by section 19C
b: ensure that the information is presented to the House of Representatives in the document most recently specified for that purpose in the supporting information for an Appropriation Act.
3: If Parliament is not in session, subsection (2)(b)
4: The appropriation Minister must ensure that the information is published as soon as practicable after the information is presented to the House of Representatives, or, if subsection (3)
19C: Requirements for end-of-year performance information
1: The end-of-year performance information for an appropriation must include the following:
a: an assessment of what has been achieved with the appropriation in the financial year; and
b: a comparison of the actual expenses or capital expenditure incurred in relation to the appropriation in the financial year with the expenses or capital expenditure that were appropriated or forecast to be incurred.
2: In the case of a multi-category appropriation, subsection (1)(a) and (b)
3: The end-of-year performance information for an appropriation must be prepared in accordance with generally accepted accounting practice, to the extent that the information is of a form or nature for which provision is made in financial reporting standards that form part of generally accepted accounting practice.
70: Section 22 amended (Operating surplus of department)
Repeal section 22(2) to (4)
71: Section 23 repealed (Net assets of departments must be confirmed)
Repeal section 23
72: Section 24 amended (Movements within departmental statement of financial position)
In section 24(1) A department other than an intelligence and security department
73: New section 25A inserted (Capital injections may be made in emergencies)
After section 25
25A: Capital injections may be made in emergencies
1: The Minister may approve a capital injection to meet an emergency or disaster described in section 25(1).
2: A capital injection approved under subsection (1) section 12A
3: A statement about any capital injection made under subsection (2)
a: the annual financial statements of the Government; and
b: an Appropriation Bill for confirmation by Parliament.
4: Subsection (3)
74: Section 26 amended (Minister may determine terms and conditions of capital injections)
In section 26(1)(a) section 7(1)(e) section 7A(1)(e)
75: New section 26CA inserted (Capital injections made without authority or approval require validation by Parliament)
After section 26C
26CA: Capital injections made without authority or approval require validation by Parliament
1: The making of a capital injection without authority under an Appropriation Act or approval under section 25A
2: The Minister must, on the introduction of any Appropriation Bill that seeks validation by Parliament of any capital injection made without authority under an Appropriation Act or approval under section 25A
a: the amount of each capital injection so made; and
b: an explanation by the responsible Minister for the department to which the capital injection was made.
3: This section does not apply to a capital injection to an intelligence and security department.
76: Section 26D amended (Reporting requirements in relation to expenses or capital expenditure incurred in excess of, or without, appropriation)
1: In the heading to section 26D appropriation and capital injections made in excess of, or without, authorisation
2: Replace section 26D(1)
1: This section applies to—
a: any expenses that have, or capital expenditure that has, been incurred—
i: without appropriation or other authority; or
ii: in excess of an existing appropriation or other authority; and
b: any capital injection (other than a capital injection to an intelligence and security department) that has been made—
i: without authority under an Appropriation Act or approval under section 25A
ii: in excess of an existing authority under an Appropriation Act or an existing approval under section 25A
3: In section 26D(2) or capital expenditure , capital expenditure, or capital injection
4: Replace section 26D(2)(b)
b: the annual report of the administering department for the financial year in accordance with section 45A(c) and (e)
77: Section 26E replaced (Application of this Part to Offices of Parliament)
Replace section 26E
26E: Application of this Part to Offices of Parliament
1: Before an appropriation in a Vote administered by an Office of Parliament may be included in an Appropriation Bill for a financial year, the chief executive of the Office concerned must prepare and submit to the House of Representatives the following information:
a: an estimate of expenses and capital expenditure to be incurred for—
i: each proposed appropriation; and
ii: each proposed category of expenses or non-departmental capital expenditure within a multi-category appropriation; and
b: the revenue of the Office (including the revenue associated with each proposed expenses appropriation and each proposed category of expenses within a multi-category appropriation).
2: Before an authorisation for a capital injection to be made to an Office of Parliament may be included in an Appropriation Bill for a financial year, the chief executive of the Office concerned must submit to the House of Representatives the amount of the proposed capital injection.
3: The House of Representatives, after considering the information provided under subsections (1) and (2)
a: the estimates referred to in subsection (1)(a)
b: the capital injection referred to in subsection (2)
4: The House of Representatives may, in that address, request that the estimates be included as a Vote, and the capital injection be authorised, in an Appropriation Bill for that year.
5: If the Vote or authorisation is included in an Appropriation Bill for that year, this Part applies, with all necessary modifications, as if references to a department were references to an Office of Parliament.
6: An alteration to the Vote or authorisation during that year is subject to the provisions of this section.
78: Section 27 amended (Annual financial statements of Government)
Replace section 27(2)(c)(ii) and (iii)
ii: a statement of unappropriated expenses and capital expenditure and unauthorised capital injections (excluding any capital injection to an intelligence and security department):
iii: a statement of emergency expenses and capital expenditure incurred under section 25 and emergency capital injections (excluding any capital injection to an intelligence and security department) made under section 25A .
79: Section 32A repealed (Additional reports in relation to non-departmental appropriations)
Repeal section 32A
80: Sections 38 to 41 and cross-heading above section 38 replaced
Replace sections 38 to 41 section 38 Reporting requirements: information on strategic intentions
38: Departments must provide information on strategic intentions
1: A department must provide to its responsible Minister—
a: information on the department’s strategic intentions that complies with this section and section 40
b: a statement of responsibility for the information, signed by the department’s chief executive.
2: The information—
a: must relate to the forthcoming financial year and at least the following 3 financial years; and
b: may also relate to the remainder of the current financial year.
3: The information must identify the period to which it relates.
4: The department must provide the information—
a: at least once in every 3-year period, unless the Minister has granted an extension of time under section 41
b: in the case of a new department, as soon as practicable, but not later than 6 months, after the date on which the department is established; and
c: if there has been a significant change in the nature or scope of the department's functions, as soon as practicable, but not later than 6 months, after that change.
5: Despite subsection (4)(a) subsection (1)
a: becomes out of date because of a material change in the department's strategic intentions; or
b: is otherwise false or misleading in a material particular.
38A: Responsible Minister may require department to provide information on strategic intentions at any time
1: A department's responsible Minister may, if that Minister considers it necessary or desirable, require the department to provide new information on strategic intentions at any time.
2: Information on strategic intentions provided under this section must comply with sections 38 and 40
3: The responsible Minister may require the information to relate to the remainder of the current financial year in addition to the forthcoming financial year and at least the following 3 financial years.
39: Obligation to publish and present information on strategic intentions
1: A department must, as soon as practicable after providing information on its strategic intentions to its responsible Minister, publish the information on an Internet site maintained by or on behalf of the department.
2: However, the department must not publish the information—
a: in the period of 3 months before the Minister delivers the Budget for the first full financial year to which the information relates; or
b: if the Minister gives less than 3 months' notice of the day on which he or she will deliver that Budget, in the period commencing on the day on which the Minister gives that notice and ending when the Minister delivers the Budget.
3: In the case of information provided by an intelligence and security department, the responsible Minister must forward a copy of the information, as soon as practicable after receiving it, to the members of the Intelligence and Security Committee established under the Intelligence and Security Committee Act 1996.
4: In the case of information provided by any other department, the responsible Minister (or the Minister referred to in subsection (6)
a: in the same document as the department's annual report for the financial year before the first full financial year to which the information relates; or
b: in any other document, in which case the information must be presented as soon as practicable after the responsible Minister receives it and not later than the date on which the annual report described in paragraph (a)
5: However, the responsible Minister (or the Minister referred to in subsection (6) subsection (2)
6: A Minister other than the responsible Minister may present the information to the House of Representatives if—
a: the information is presented in a document that includes other information; and
b: that other Minister is responsible for presenting that other information.
7: Information presented to the House of Representatives under subsection (4)
a: in the case of the Office of the Clerk of the House of Representatives or the Parliamentary Service, that the information is consistent with the policies and performance expectations of the responsible Minister; or
b: in the case of any other department, that the information is consistent with the policies and performance expectations of the Government.
40: Requirements for information on strategic intentions
1: The information required under section 38 strategic intentions
2: The information must also, for the period to which it relates,—
a: explain the nature and scope of the department's functions and intended operations; and
b: identify any departmental agencies hosted by the department; and
c: explain how the department intends to manage its functions and operations to meet its strategic intentions; and
d: set out and explain any other matters that—
i: are reasonably necessary to achieve an understanding of the department's strategic intentions and capability; or
ii: may be specified by the Minister or the responsible Minister for the purposes of subparagraph (i)
41: Minister may grant extension of time for, or waive, requirement to provide information on strategic intentions
1: If a department is likely to have a significant change in the nature or scope of its functions, the Minister may grant the department an extension, of up to 1 year, of the period specified in section 38(4)(a)
2: However, the Minister must not grant an extension unless the Minister is satisfied that the extension will enable the department to improve the quality of the information on strategic intentions that the department provides to its responsible Minister.
3: If a department is likely to be disestablished, the Minister may grant the department a waiver of the requirements in section 38
4: As soon as practicable after granting an extension or a waiver, the Minister must present to the House of Representatives notice of the extension or waiver and the Minister's reasons for granting it.
81: Section 42 repealed (Information on future operating intentions must include statement of responsibility)
Repeal section 42
82: Section 45 replaced (Contents of annual report of department)
Replace section 45
45: Contents of annual report of department
1: The annual report of a department must provide the information that is necessary to enable an informed assessment to be made of the department's performance during the financial year, including how well the department is managing the resources it controls.
2: The annual report of a department must contain the following information in respect of the financial year to which it relates:
a: an assessment of the department's operations (excluding operations on which any departmental agency hosted by the department is required to report under section 43A
b: an assessment of the department's progress in relation to its strategic intentions; and
c: information about the department's management of its organisational health and capability; and
d: statements of expenses and capital expenditure for the department that comply with section 45A
e: annual financial statements for the department that comply with section 45B; and
f: a statement of responsibility that complies with section 45C
g: any other matters that relate to or affect the department's operations that the department is required, has undertaken, or wishes to report on in its annual report.
3: The annual report of a department must also contain, in respect of the financial year after the financial year to which the annual report relates, forecast financial statements for the department that comply with section 45BA
4: The annual report of a department must identify any departmental agencies hosted by the department.
5: The annual report must be dated and signed on behalf of the department by its chief executive.
83: Section 45AA amended (Contents of departmental agency annual report)
In section 45AA(1)(b) section 27 future operating intentions strategic intentions
84: Section 45A replaced (Statement of service performance)
Replace section 45A
45A: Statements of expenses and capital expenditure
A department's annual report must include—
a: a statement of the budgeted and actual expenses and capital expenditure incurred against—
i: each appropriation administered by the department; and
ii: each category of expenses or non-departmental capital expenditure included in a multi-category appropriation administered by the department; and
b: for each appropriation administered by the department, details of the document in which the end-of-year performance information for the appropriation for the previous financial year (if required) is presented to the House of Representatives; and
c: a statement of expenses and capital expenditure incurred without appropriation or other authority, or in excess of an existing appropriation or other authority, in relation to the activities of, or appropriations administered by, the department, together with an explanation of the reasons for the unappropriated expenses and capital expenditure; and
d: a statement of the amount of any capital injection authorised, under an Appropriation Act, to be made to the department compared with the actual amount of any capital injection made to the department; and
e: a statement of any capital injection made to the department without authority, or in excess of an existing authority, under an Appropriation Act, together with an explanation of the reasons for the unauthorised capital injection.
85: Section 45B amended (Annual financial statements)
1: In section 45B(2)(b) ; and
2: Repeal section 45B(2)(c) and (d)
86: New section 45BA inserted (Forecast financial statements)
After section 45B
45BA: Forecast financial statements
1: A department's forecast financial statements must be prepared in accordance with generally accepted accounting practice.
2: In addition to what is required by generally accepted accounting practice, a department's forecast financial statements must include—
a: a statement of all significant assumptions underlying the forecast financial statements; and
b: any other information or explanations needed to fairly reflect the forecast financial operations and financial position of the department.
87: Section 45C replaced (Statement of responsibility)
Replace section 45C
45C: Statement of responsibility
1: A statement of responsibility relating to the annual report of a department must include—
a: a statement of the responsibility of the department's chief executive for the preparation of the financial statements, and statements of expenses and capital expenditure, and for the judgements expressed in them; and
b: a statement of the responsibility of the department's chief executive for having in place a system of internal control designed to provide reasonable assurance as to the integrity and reliability of financial reporting; and
c: a statement of the responsibility of the department's chief executive for ensuring that end-of-year performance information on each appropriation administered by the department is provided in accordance with sections 19A to 19C
d: a statement of the responsibility of the department's chief executive for the accuracy of any end-of-year performance information prepared by the department ( see section 19A
e: a statement that, in the opinion of the department's chief executive,—
i: the financial statements fairly reflect the financial position and operations of the department for the reporting period; and
ii: the forecast financial statements fairly reflect the forecast financial position and operations of the department for the financial year to which the forecast financial statements relate.
2: A statement of responsibility for the annual report of a departmental agency must include—
a: a statement that, in the opinion of the chief executive of the departmental agency, the annual report fairly reflects the operations, progress, and organisational health and capability of the departmental agency; and
b: a statement of the responsibility of the departmental agency's chief executive for the accuracy of any end-of-year performance information prepared by the departmental agency ( see section 19A
3: A statement of responsibility must be signed by the chief executive of the department or departmental agency (as applicable).
88: Section 45D amended (Audit report)
1: In section 45D(1)(a) statement of service performance statements of expenses and capital expenditure
2: After section 45D(1)
1A: The department or departmental agency most recently identified in the supporting information for an Appropriation Act as providing end-of-year performance information on an appropriation for a financial year must, within 2 months after the end of that financial year, forward that information to the Auditor-General.
3: In section 45D(2)(a) statements referred to in subsection (1)(a) and the information referred to in subsections (1)(a) and (1A)
4: In section 45D(2)(b) department or departmental agency (as the case may be)
89: Section 45E amended (Application of this Part to intelligence and security departments)
1: In section 45E(1)(a) section 40(e)(ii) section 40(2)(d)(ii)
2: In section 45E(1)(b) sections 41 and 45B(1) and (2)(a) and (b) sections 45B and 45BA
3: In section 45E(1)(c)(ii) ; and
4: Repeal section 45E(1)(d)
5: Replace section 45E(2)
2: Section 39
3: However, subsection (2) section 39(3)
4: Section 45A(d) and (e)
90: Section 45F replaced (Application of this Part to Offices of Parliament)
Replace section 45F
45F: Application of this Part to Offices of Parliament
1: This Part applies to an Office of Parliament, subject to subsection (2)
a: references to a department must be read as references to an Office of Parliament; and
b: references to the Auditor-General must be read as references to an auditor appointed by the House of Representatives to audit the financial statements, statements of expenses and capital expenditure, and end-of-year performance information of Offices of Parliament; and
c: section 40(2)(d)
d: section 41
2: Section 39(7)(b)
91: Section 45G repealed (This Part modified for purpose of applying Part to Offices of Parliament)
Repeal section 45G
92: Section 45I amended (First annual report for newly established entities)
Replace section 45I(2)(a) section 29
a: the statements and details required by section 45A .
93: Section 45L amended (Minister may allow certain information to be included in another entity's annual report if operations transferred)
In section 45L(2)(a) statement of service performance statement of performance
94: Section 45M amended (Application of Crown Entities Act 2004 to Schedule 4 organisations)
1: In section 45M(1)(e) section 30 sections 138 and 141 to 149 sections 138, 139A, 139, 141 149A
2: In section 45M(1)(f) section 30 157 157A
3: In section 45M(2) section 30 statement of service performance statement of performance
95: Section 45N amended (Exemptions from certain sections of Crown Entities Act 2004 for Schedule 4 organisations)
In section 45N(1) section 30 141, 149E
96: Section 45OA amended (Application of Crown Entities Act 2004 to non-listed companies in which the Crown is majority or sole shareholder)
In section 45OA(1)(n) and (2) section 31 157 157A
97: Section 61 repealed (Expenses in respect of money borrowed by the Crown)
Repeal section 61
98: Section 65D amended (Payments under public securities)
Replace section 65D(2)
2: In this section and section 65ZH public security
99: Section 65E repealed (Expenses in respect of securities)
Repeal section 65E
100: Section 65H amended (Payments relating to derivative transactions of the Crown)
Repeal section 65H(2)
101: Section 65J repealed (Payment of expenses relating to investment)
Repeal section 65J
102: New subpart 7 of Part 6 inserted
After section 65ZG
7: Permanent legislative authority for payment of certain expenses
65ZH: Permanent legislative authority for payment of certain expenses
1: Any expenses incurred in connection with any of the following matters may be incurred without further appropriation, and must be paid without further authority, than this section: Expenses in respect of money borrowed by the Crown
a: negotiating the borrowing of money by the Crown:
b: undertaking, managing, servicing, converting, or repaying borrowing described in paragraph (a) Expenses in respect of securities
c: issuing a public security in respect of the Crown:
d: executing, redeeming, or varying a public security described in paragraph (c) Expenses relating to derivative transactions of the Crown
e: negotiating a derivative transaction of the Crown:
f: managing, servicing, or making payments under a derivative transaction described in paragraph (e) Expenses relating to investment
g: negotiating an investment referred to in section 65I:
h: placing, managing, servicing, or converting an investment referred to in section 65I.
2: In this section, expenses
a: includes—
i: duties, taxes, premiums, bonuses, fees, interests, and commissions; and
ii: any expenses incurred on personnel and equipment necessary in connection with the matters set out in subsection (1)
b: does not include expenses incurred in connection with—
i: money borrowed by the Crown under a hire purchase agreement, a finance lease agreement, or any agreement that is of the same nature as or a substantially similar nature to either of those agreements; or
ii: a guarantee or an indemnity on behalf of or in the name of the Crown given under this Act or any other enactment.
103: Schedule 4 amended
In Schedule 4 section 153 SSP SP
104: Consequential amendments arising from amendments to Public Finance Act 1989 that come into force on 1 July 2014
The enactments listed in Schedule 4 2014-07-01 National Animal Identification and Tracing Act 2012 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Parliamentary Service Act 2000 Search and Surveillance Act 2012 |
DLM5183101 | 2013 | Trustee (Public Trust) Amendment Act 2013 | 1: Title
This Act is the Trustee (Public Trust) 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 Trustee Act 1956 principal Act 2013-05-14 Trustee Act 1956
4: Section 46 amended (Discharge of trustee with assistance of court or Registrar)
Replace section 46(4)
4: If the court, on an application under subsection (2) by a trustee other than a securities trustee, appoints Public Trust as the replacement trustee, Public Trust must accept the appointment.
5: On an application under subsection (2) by a securities trustee for the appointment of Public Trust as the replacement trustee, the court may appoint Public Trust, and Public Trust must accept the appointment, only if—
a: the retiring trustee has failed to obtain a replacement trustee after making reasonable endeavours to do so; and
b: it is impracticable or difficult to obtain a replacement trustee without an order under this section; and
c: the retiring trustee indemnifies Public Trust for its reasonable fees and expenses incurred in undertaking the appointment; and
d: the retiring trustee has provided security to the satisfaction of the court for its indemnity under paragraph (c)
6: For the purposes of subsection (5)(a)
a: undertaken to indemnify the proposed replacement trustee for its reasonable fees and expenses in undertaking the appointment; and
b: offered adequate security for its indemnity.
7: In subsections (4) and (5) securities trustee security trustee
5: Transitional provision
Nothing in the amendment made under section 4 |
DLM4598800 | 2013 | State Sector Amendment Act 2013 | 1: Title
This Act is the State Sector Amendment Act 2013.
2: Commencement
1: Section 60 Schedule
a: a date appointed by the Governor-General by Order in Council; and
b: 2 years after the date on which this Act receives the Royal assent.
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)(a) brought into force 1 February 2015 clause 2 State Sector Amendment Act 2013 Commencement Order 2014
3: Principal Act
This Act State Sector Act 1988 principal Act 2013-07-18 State Sector Act 1988 LI 2014/371 2015-02-01 State Sector Act 1988 Section 60 and Schedule brought into force earlier by LI 2014/371 (see s 2(1)(a)). 2013-08-05 State Sector Act 1988 Section 65 takes effect on the date that the Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989 are repealed (5 August 2013 by 2012 No 119, s 77(2) and SR 2013/242).
4: Long Title repealed
Repeal the Long Title.
5: New section 1A inserted (Purpose)
After section 1
1A: Purpose
The purpose of this Act is to promote and uphold a State sector system that—
a: is imbued with the spirit of service to the community; and
b: operates in the collective interests of government; and
c: maintains appropriate standards of integrity and conduct; and
d: maintains political neutrality; and
e: is supported by effective workforce and personnel arrangements; and
f: meets good-employer obligations; and
g: is driven by a culture of excellence and efficiency; and
h: fosters a culture of stewardship.
6: Section 2 amended (Interpretation)
1: In section 2 appropriate Minister department or departmental agency
2: In section 2 chief executive
aa: in relation to a departmental agency, means the person holding office under section 31 as the chief executive of the departmental agency:
3: In section 2 Crown entity Crown entity
4: In section 2 department department section 27A
5: In section 2 employee
a: replace — any chief executive
b: repeal subparagraph (i).
6: In section 2 State services
aba: organisations named or described in Schedule 4, and companies named in Schedule 4A
7: In section 2 departmental agency section 27A host department section 27A key position section 50(2) ministerial staff
a: by the department that is responsible for the employment of ministerial staff across all Ministers' offices; and
b: to work directly for a Minister in a Minister's office rather than in a department Example
The Hon Honour Able's ministerial staff includes 1 Senior Private Secretary, 1 Ministerial Secretary, 1 Ministerial Adviser, 1 Press Secretary, and 1 Private Secretary. An event that could terminate the staff's events-based agreement is Minister Able no longer holding her Ministerial portfolio. outcome
a: means a state or condition of society, the economy, or the environment; and
b: includes a change in that state or condition stewardship
7: New section 2A inserted (Status of examples)
After section 2
2A: Status of examples
1: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
2: If an example and a provision to which it relates are inconsistent, the provision prevails.
8: Cross-heading above section 4 amended
In the cross-heading above section 4 Duties, functions Role, functions, duties
9: New section 4A inserted (Role of Commissioner)
After section 4
4A: Role of Commissioner
The Commissioner's role is to provide leadership and oversight of the State services so as to ensure the purpose of this Act is carried out, including by—
a: promoting the spirit of service to the community; and
b: promoting the spirit of collaboration among agencies; and
c: identifying and developing high-calibre leaders; and
d: working with State services leaders to ensure that the State services maintain high standards of integrity and conduct and are led well and are trusted; and
e: overseeing workforce and personnel matters in the State services; and
f: advising on the design and capability of the State services; and
g: evaluating the performance of Public Service leaders, including the extent to which they carry out the purpose of this Act; and
h: supporting the efficient, effective, and economical achievement of good outcomes by the State services; and
i: promoting a culture of stewardship in the State services.
10: Section 5 amended (Duty of Commissioner to act independently)
In section 5 employees Public Service chief executives
11: Section 6 replaced (Functions of Commissioner)
Replace section 6
6: Functions of Commissioner
For the purpose of carrying out the Commissioner's role, the principal functions of the Commissioner are to—
a: review the State sector system in order to advise on possible improvements to agency, sector, and system-wide performance; and
b: review governance and structures across all areas of government, in order to advise on—
i: the allocation and transfer of functions and powers; and
ii: the cohesive delivery of services; and
iii: the establishment, amalgamation, and disestablishment of agencies; and
c: review the performance of each department and each departmental agency; and
d: appoint leaders of the Public Service, which includes—
i: acting as the employer of chief executives of departments and chief executives of departmental agencies; and
ii: reviewing the performance of chief executives of departments and chief executives of departmental agencies; and
e: promote leadership capability in departments and other agencies; and
f: promote strategies and practices concerning government workforce capacity and capability; and
g: promote good-employer obligations in the Public Service; and
h: promote and reinforce standards of integrity and conduct in the State services; and
i: promote transparent accountability in the State services; and
j: exercise such other functions with respect to the administration and management of the Public Service as the Prime Minister from time to time directs (not being functions conferred by this Act or any other Act on a chief executive other than the Commissioner).
12: Section 8 amended (Power of Commissioner to conduct inspections and investigations)
Replace section 8(1)
1: This section applies when the Commissioner is carrying out his or her functions in respect of the Public Service.
13: Section 9 amended (Power to obtain information)
1: In section 9(1)
a: delete a department, or
b: delete under section 6(a), (ha), or (i)
c: delete department's or
2: In section 9(2) department or
14: Section 14 amended (Acting Commissioner or acting Deputy Commissioner)
Replace section 14(1) and (2)
1: The Governor-General in Council, on the recommendation of the Prime Minister, may appoint an acting Commissioner or acting Deputy Commissioner to act for the Commissioner or Deputy Commissioner (as applicable) in the event of—
a: the incapacity of the Commissioner or Deputy Commissioner by reason of illness or absence; or
b: any reasonable cause that requires the Commissioner or Deputy Commissioner to stand down (whether temporarily or in respect of a particular matter).
2: Subsection (1)
15: Section 17 amended (Vacation of office)
In section 17(2)
a: delete any department or organisation of
b: delete of a department
16: Section 23 amended (Delegation of functions or powers)
In section 23(3)(c) ; or .
17: Section 27 replaced (Public Service defined)
Replace section 27
27: Public Service defined
The Public Service comprises departments (and any departmental agencies that are part of those departments).
27A: Meaning of department, host department, and departmental agency
1: In this Act,— department departmental agency Schedule 1A host department Schedule 1A
2: Unless the context otherwise requires, every reference in this or any other enactment to a department includes any departmental agency that is part of the department.
27B: Relationship between departments and departmental agencies
Except as provided in this or any other enactment,—
a: the functions, duties, and powers of a departmental agency may be determined by the appropriate Minister of the departmental agency in conjunction with the appropriate Minister of the host department; and
b: the working arrangements between a departmental agency and its host department must be agreed by their respective chief executives and approved by their appropriate Ministers.
18: Section 28 amended (Delegation of functions or powers of appropriate Minister)
In section 28(1) department or departmental agency
19: Section 30A amended (Amendment of Schedule 1 to reflect reorganisations within Public Service)
1: In the heading to section 30A Schedule 1 and Schedule 1A
2: In section 30A(1) abolished disestablished
3: After section 30A(1)
1A: The Governor-General may, by Order in Council, amend Schedule 1A
4: In section 30A(2)
a: after department or departmental agency
b: replace abolished disestablished
20: Sections 30C to 30G repealed
Repeal sections 30C to 30G
21: Section 30H amended (Consequential changes to references to departments following reorganisations)
1: In the heading to section 30H departments or employees of departments
2: In the heading to section 30H departments or departmental agencies
3: In section 30H(1)
a: after particular department or departmental agency
b: after the department's or departmental agency's
c: after the department or departmental agency
4: In section 30H(2)
a: after particular department or departmental agency
b: after the department or departmental agency
c: replace abolished disestablished
d: after new responsible department or new responsible departmental agency
5: In section 30H(3)
a: after particular department or departmental agency
b: replace between departments elsewhere in the Public Service
c: after new responsible department or new responsible departmental agency
6: After section 30H(3)
3A: If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because the department's name has changed, the reference must be read as a reference to the employees of the department under its new name.
3B: If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because the department has been disestablished, the reference must be read as a reference to the employees of the new responsible department.
3C: If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because functions have been transferred elsewhere in the Public Service, the reference must be read as a reference to the employees who perform the relevant functions.
7: In section 30H(4)
a: after department or new responsible departmental agency
b: after department or departmental agency
22: Section 30I amended (Consequential changes to references to chief executives following reorganisations)
1: In section 30I(1)
a: after particular department or departmental agency
b: after the department or departmental agency
c: after the department's or departmental agency's
2: In section 30I(2)
a: after particular department or departmental agency
b: after the department or departmental agency
c: replace abolished disestablished
3: In section 30I(3)
a: after particular department or departmental agency
b: replace between departments elsewhere in the Public Service
4: In section 30I(4) whose department or departmental agency
23: Section 30J amended (Application of consequential changes to references)
1: In section 30J(1)(a), (2), (3), and (4) abolition disestablishment
2: In section 30J(3) abolished disestablished
24: Section 30K amended (Other saving and transitional matters arising from reorganisations within Public Service)
In section 30K abolition disestablishment
25: Section 30L amended (Effect of reorganisations within Public Service)
In section 30L(1) abolition disestablishment
26: Section 31 amended (Chief executives)
Replace section 31(1)
1: Each department and each departmental agency must have, as its administrative head, a chief executive.
27: Section 32 replaced (Principal responsibilities)
Replace section 32
32: Principal responsibilities
1: The chief executive of a department or departmental agency is responsible to the appropriate Minister for—
a: the department's or departmental agency's carrying out the purpose of this Act; and
b: the department's or departmental agency's responsiveness on matters relating to the collective interests of government; and
c: the stewardship of the department or departmental agency, including of its medium- and long-term sustainability, organisational health, capability, and capacity to offer free and frank advice to successive governments; and
d: the stewardship of—
i: assets and liabilities on behalf of the Crown that are used by or relate to (as applicable) the department or departmental agency; and
ii: the legislation administered by the department or departmental agency; and
e: the performance of the functions and duties and the exercise of the powers of the chief executive or of the department or departmental agency (whether imposed by any enactment or by the policies of the Government); and
f: the tendering of free and frank advice to Ministers; and
g: the integrity and conduct of the employees for whom the chief executive is responsible; and
h: the efficient and economical delivery of the goods or services provided by the department or departmental agency and how effectively those goods or services contribute to the intended outcomes.
2: Except as provided in any other enactment,—
a: the chief executive of a department is not responsible for the performance of functions or duties or the exercise of powers by that part of the department that comprises any departmental agency hosted by the department; and
b: the chief executive of a departmental agency is responsible only for the performance of functions or duties or the exercise of powers by that part of the department that comprises the departmental agency.
28: Section 33 replaced (Duty to act independently)
Replace section 33
33: Duty to act independently
1: Despite section 32
a: the chief executive of a department is responsible for acting independently (and is not responsible to the appropriate Minister); and
b: the chief executive of a departmental agency is responsible for acting independently (and is not responsible to the appropriate Minister or to the chief executive of the host department).
2: The independence provided in subsection (1)
a: the requirement in section 50(4)
b: the requirement in section 59(5)
29: Section 34 amended (Functions, responsibilities, duties, and powers)
1: In section 34(1) and (2) of a department or departmental agency
2: In section 34(2) or that department or departmental agency
30: Section 35 amended (Appointment of chief executives)
1: In section 35(1) 44, and 91 and 44
2: In section 35(2) of a department or departmental agency
3: In section 35(4)(a) the Commissioner or Deputy Commissioner
4: In section 35(4)(b) the Deputy Commissioner or an employee of the Commissioner
5: After section 35(4)
4AA: In relation to a vacancy or an impending vacancy in the position of chief executive of a departmental agency, the panel established under subsection (4) must also include the chief executive of the host department.
6: In section 35(4A) as constituted under subsection (4)
7: In section 35(4B), (5), (9), (10), and (11)(a) the Commissioner the chairperson
8: In section 35(5) and (6) The Commissioner The chairperson
9: In section 35(7), (8), (9), (10), and (11) the Commissioner's the chairperson's
10: Repeal section 35(12)
31: Section 36 amended (Reappointment of chief executives)
Replace section 36(1)
1: The Commissioner may recommend to the Minister that the existing chief executive of a department or departmental agency be reappointed for a further term.
1A: Section 35(7) to (10) apply (with any necessary modifications) to the recommendation under subsection (1)
32: Section 37 amended (Appointment and reappointment of Government Statistician)
1: In section 37(1) Subject to section 91, the The
2: In section 37(2)
a: delete complying with
b: delete and (12)
c: after section 35 have been complied with, and must announce publicly that the appointment has been made
33: New section 37A inserted (Transfer of chief executives)
After section 37
37A: Transfer of chief executives
1: The Commissioner may recommend to the Minister that a chief executive of a department or departmental agency be transferred into a vacancy or an impending vacancy in the position of chief executive in—
a: that department or departmental agency (as applicable); or
b: another department or departmental agency.
2: Section 35(7) to (10) apply (with any necessary modifications) to a recommendation under subsection (1)
3: Section 35(6) to (11) do not apply to a recommendation under subsection (1)
4: Before making a recommendation under subsection (1)
a: believe on reasonable grounds that the transfer would be in the public interest; and
b: obtain the chief executive's agreement to the transfer; and
c: consult the appropriate Ministers.
5: The Commissioner may make a recommendation under subsection (1)
34: Section 38 amended (Conditions of employment of chief executives)
1: Before section 38(1)
1AA: The Commissioner has, except as expressly provided to the contrary in this Act, the rights, powers, and duties of an employer in relation to chief executives.
2: In section 38(3)
a: replace shall obtain the agreement of must consult
b: replace to the conditions about the conditions
35: Section 39 amended (Removal from office)
1: In section 39 of a department or departmental agency
2: In section 39
2: The Commissioner must consult the chief executive of the host department before removing a chief executive of a departmental agency under subsection (1).
36: Section 40 amended (Acting chief executive)
1: In section 40(1) functions, powers, and duties functions, duties, and powers
2: In section 40(1)(c) another department or departmental agency
3: In section 40(1)(e) an employee any person
4: In section 40(1)
a: replace directed appointed
b: replace direction appointment
c: replace given made
5: After section 40(1)
1A: Where a new department or departmental agency is to be established on a certain date, the Commissioner may appoint as an acting chief executive any person the Commissioner considers suitable to exercise and perform all or any of the functions, duties, and powers of the chief executive of that new department or departmental agency.
1B: The position of an acting chief executive appointed under subsection (1A)
6: In section 40(2) direction appointment
7: In section 40(3)
a: replace directed appointed
b: after subsection (1) or (1A)
c: replace functions, powers, and duties functions, duties, and powers
37: Section 41 amended (Delegation of functions or powers)
1: Replace section 41(1)
1: A Public Service chief executive may, either generally or particularly, delegate in writing to a person described in subsection (1A) or (2A) any of the functions or powers of the chief executive under this Act or any other Act (including functions or powers delegated to the chief executive under this Act or any other Act), except that—
a: the delegation of functions or powers delegated to the chief executive by a Minister requires the prior written approval of that Minister; and
b: the delegation of functions or powers delegated to the chief executive by the Commissioner requires the prior written approval of the Commissioner.
2: After section 41(1)
1A: The following persons may be a delegate under subsection (1) subsection (2)
a: another Public Service chief executive:
b: a Public Service employee:
c: an individual working in the Public Service as a contractor or as a secondee from elsewhere in the State services in relation to a function or power of the Public Service:
d: the holder for the time being of any specified office in the Public Service.
3: Replace section 41(2)
2: A person to whom a function or power has been delegated under subsection (1)
4: After section 41(2)
2A: A Public Service chief executive may delegate under subsection (1)
a: obtaining the appropriate Minister's prior written approval; and
b: satisfying himself or herself that any potential conflicts of interest will be avoided or managed.
2B: However, a delegate described in subsection (2A) subsection (2)
2C: A delegation described in subsection (2A)
a: in the case of a delegation made by the chief executive of a department, in the annual report of that department; or
b: in the case of a delegation made by the chief executive of a departmental agency, in the annual report of that departmental agency.
2D: A delegate described in subsection (2A) subsection (1A)
a: all relevant statutory obligations; and
b: all relevant obligations in a code of conduct set by the Commissioner under section 57(2).
2E: Any information held by a delegate described in subsection (2A) see
a: in the case of a delegation made by the chief executive of a department, that department; or
b: in the case of a delegation made by the chief executive of a departmental agency, the host department of that departmental agency.
2F: In relation to the performance of a delegated function or the exercise of a delegated power, the Ombudsmen Act 1975 and the Official Information Act 1982 apply to a delegate described in subsection (2A) as if the delegate were an organisation named in Schedule 1 of the Ombudsmen Act 1975.
5: In section 41(3) in the same manner , subject to the same restrictions,
6: After section 41(4)
4A: Where a chief executive or a delegate of the chief executive uses a written document to inform any other person of an action taken by a delegate of the chief executive, the document must—
a: state that the action was taken by a delegate of the chief executive; and
b: give the delegate's name and office; and
c: inform the other person that a copy of the instrument of delegation may be inspected at the chief executive's office.
38: Section 43 amended (Review of performance of chief executive)
After section 43(1)
1A: When reviewing the performance of a chief executive of a departmental agency, the Commissioner must consult the chief executive of the host department.
39: Section 44 amended (Special provisions in relation to certain chief executives)
1: In section 44(1)
a: replace 43, and 91 and 43
b: replace apply applies
2: Repeal section 44(1)(a), (b), and (c)
3: After section 44(1)
1A: Nothing in sections 35, 36, 38, and 39 applies in respect of the Solicitor-General, and a review of the Solicitor-General's performance under section 43—
a: must only pertain to the Solicitor-General's responsibilities as the chief executive of a department; and
b: must not pertain to the performance of the independent and constitutional functions of the Solicitor-General or the performance of persons assisting the Solicitor-General in the performance of those functions.
4: Repeal section 44(2)(d)
40: Sections 46 to 48 replaced
Replace sections 46 to 48
46: Object
The object of this Part is to specify the Commissioner's responsibilities for developing senior leadership and management capability in the Public Service.
47: Responsibilities of Commissioner
1: The Commissioner is responsible for developing and implementing a strategy for the development of senior leadership and management capability in the Public Service, which could include, for example, the flexible deployment of individuals to developmental roles in the Public Service (with the agreement of the individuals and the relevant chief executives).
2: The Commissioner may promote the strategy to other agencies in the State services, and may invite employees in the State services to participate in initiatives under the strategy (with the agreement of the relevant chief executives).
48: Responsibilities of chief executives
Each chief executive of a department or departmental agency is responsible for—
a: developing senior leadership and management capability in the department or departmental agency; and
b: assisting the Commissioner to fulfil the Commissioner's responsibilities under section 47
41: Section 49 amended (Secondments)
Replace section 49(1)
1: The Commissioner may arrange for a State services employee to be seconded elsewhere in the State services (with the agreement of the employee and the relevant chief executives) for the purpose of developing senior leadership and management capability in the State services.
42: Section 50 replaced (Other organisations in State services)
Replace section 50
50: Key positions in Public Service
1: After consulting the chief executive of a department or departmental agency, the Commissioner may designate a position in the department or departmental agency that meets the criteria in subsection (2)
2: For the purposes of this section and section 33(2)(a) key position
a: because of its potential to develop senior leaders; or
b: because it is critical to the Public Service.
3: The Commissioner must publish a list of key positions on an Internet site maintained by or on behalf of the Commissioner.
4: A chief executive may only appoint an employee to a key position with the Commissioner's agreement.
43: Part 5 heading replaced
Replace the Part 5
5: Government workforce policy and personnel provisions
44: New subpart 1 of Part 5 and subpart 2 of Part 5 heading inserted
After the Part 5
1: Government workforce policy
55A: Commissioner's functions in relation to this subpart
The Commissioner has the following functions in relation to this subpart:
a: to provide advice and guidance to the State services (except Crown Research Institutes and their subsidiaries) on workforce matters; and
b: to consider whether to draft and submit draft government workforce policy for ministerial approval as a Government Workforce Policy Statement; and
c: to advise affected agencies on the operation of any Government Workforce Policy Statement; and
d: to facilitate the operation of any Government Workforce Policy Statement in conjunction with affected agencies.
55B: Government workforce policy
1: The Commissioner may draft government workforce policy and, after consulting the affected agencies and any other parties that the Commissioner considers appropriate, submit it to the Minister for his or her consideration.
2: Government workforce policy must relate to workforce (including employment and workplace) matters for the purpose of fostering a consistent, efficient, and effective approach to such matters across the State sector.
3: Workforce matters may, without limitation, address (in relation to the affected agency or agencies)—
a: the Government's expectations about the negotiation of collective agreements and individual employment agreements in the State services (being expectations that do not determine pay or conditions); and
b: the development of workforce strategy.
4: Government workforce policy must specify the agency or agencies to which it applies, which may be any or all of the following:
a: a department or departments:
b: a Crown agent or Crown agents:
c: an autonomous Crown entity or autonomous Crown entities.
5: The Minister may approve government workforce policy as a Government Workforce Policy Statement.
6: A Government Workforce Policy Statement is not a regulation for the purposes of the Regulations (Disallowance) Act 1989 or the Acts and Regulations Publication Act 1989.
55C: Government Workforce Policy Statement: process
1: As soon as practicable after the Minister's approval under section 55B(5)
a: send the Government Workforce Policy Statement to the affected agencies; and
b: publish the Government Workforce Policy Statement on an Internet site maintained by, or on behalf of, the Commissioner.
2: A Government Workforce Policy Statement may be amended, revoked, or replaced in the same way as it may be made.
55D: Government Workforce Policy Statement: implementation
1: A department must give effect to a Government Workforce Policy Statement.
2: A Crown agent must give effect to a Government Workforce Policy Statement.
3: An autonomous Crown entity must have regard to a Government Workforce Policy Statement.
4: Despite subsections (1) to (3)
a: create, alter, or remove employment or other legal rights or obligations; or
b: determine or alter the content of the law applying to employees or chief executives or the Commissioner.
2: Personnel provisions
45: Section 56 amended (General principles)
In section 56(2)(c) appointment (except in the case of ministerial staff)
46: Section 57 amended (Commissioner may set minimum standards of integrity and conduct)
1: In section 57(1)(b) Crown entities (except for tertiary education institutions and Crown Research Institutes and any of their subsidiaries)
2: After section 57(1)(b)
ba: companies named in Schedule 4A
3: Replace section 57(3)
3: The Commissioner may apply a code to any agency or agencies referred to in subsection (1), or to any particular persons or groups of persons undertaking particular functions in such an agency or agencies, with any variations that the Commissioner thinks appropriate in light of the legal, commercial, or operational context of the agency or agencies or of the persons or groups of persons.
4: The Commissioner's functions include providing advice and guidance to the State services (except Crown Research Institutes and their subsidiaries) on matters, or at times, that affect the integrity and conduct of those within the State services (including, for example, on the interpretation of relevant standards and on the application of a code of conduct in specific cases).
4: After section 57(4) 1988 No 20 ss 6(ha), 57C(2)
47: Section 57A amended (Agencies must comply with minimum standards except in particular circumstances)
In section 57A(1) employees and individuals working as contractors or secondees in relation to a function, duty, or power of the agency
48: Section 57C amended (Commissioner's powers when setting and enforcing minimum standards)
Repeal section 57C(2)
49: Section 58 amended (Equal employment opportunities)
1: After the heading to section 58
1: The Commissioner's functions include promoting, developing, and monitoring equal employment opportunities programmes and policies for the Public Service.
2: In section 58(3) For the purposes of this section and
3: After section 58(3) 1988 No 20 s 6(g)
50: Section 59 replaced (Employees of departments)
Replace section 59
59: Employees of departments
1: In relation to the functions, duties, and powers of a department, the chief executive of the department—
a: may appoint such employees of the department (including acting, temporary, or casual employees) as the chief executive thinks necessary; and
b: may, subject to any conditions of employment included in the employment agreement applying to an employee, at any time remove that employee from his or her office or employment; and
c: has, except as expressly provided to the contrary in this Act, the rights, powers, and duties of an employer in respect of the employees of the department.
2: In relation to employees of a host department who perform the functions or duties or exercise the powers of a departmental agency, the chief executive of the host department is deemed by this subsection—
a: to have delegated to the chief executive of the departmental agency the following rights, duties, and powers:
i: those described in subsection (1)(a), (b), and (c)
ii: those described in sections 60 to 64; and
iii: those described in sections 82 and 83; and
b: not to have those rights, duties, and powers in relation to those employees.
3: The chief executive of a departmental agency may exercise the rights, duties, and powers deemed to have been delegated to him or her under subsection (2)
4: Appointments under subsection (1)(a) or (2)(a)(i)
5: The chief executive of the department that is responsible for the employment of ministerial staff across all Ministers' offices must have regard to the wishes of the relevant Minister in relation to ministerial staff.
51: Sections 61A and 61B replaced
Replace sections 61A 61B
61A: Restriction of redundancy payments in certain situations
1: A Public Service employee who has received a notice of redundancy is not entitled to a redundancy payment if, before the employee's employment has ended, the employee either—
a: is offered and accepts another position in the State services (either in the employee's current department or elsewhere in the State services) that—
i: begins before, on, or immediately after the date on which the employee's current employment ends; and
ii: is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
iii: is on terms that treat service within the State services as if it were continuous service; or
b: is offered an alternative position
i: begins before, on, or immediately after the date on which the employee's current employment ends; and
ii: is a position with comparable duties and responsibilities to those of the employee's current position; and
iii: is in substantially the same general locality or a locality within reasonable commuting distance; and
iv: is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
v: is on terms that treat service within the State services as if it were continuous service.
2: Sections 60, 61, and 65 do not apply in relation to the offer of an alternative position.
3: This section overrides Part 6A of the Employment Relations Act 2000. 1988 No 20 ss 30E, 30F, 61A, 61B(1)
61AB: Transitional provision relating to restriction of redundancy payments
1: The new redundancy-related sections do not apply until the expiry of 3 years after the commencement of this section.
2: The old redundancy-related sections continue to apply until immediately before the expiry of 3 years after the commencement of this section.
3: For the purposes of this section,— new redundancy-related sections old redundancy-related sections
61B: Application of employee provisions to transfers of functions between Crown entities and departments
1: The following provisions apply both to a transfer of functions from a Crown entity to a department and to a transfer of functions from a department to a Crown entity:
a: sections 61A
b: sections 30H, 30I, and 61D
i: those sections relate to a collective employment agreement that binds the chief executive of the Crown entity or department before the transfer of the functions; and
ii: that collective employment agreement applies to an employee whose position in the Crown entity or department ceases to exist as a result of the transfer of functions.
2: The sections referred to in subsection (1)
a: as if any reference to Department A in those sections were a reference to that Crown entity or department; and
b: with all other necessary modifications. 1988 No 20 s 30D
52: Section 61C amended (Union coverage where department ceases to be part of Public Service)
In section 61C abolition disestablishment
53: New section 61D inserted (Application of collective agreements to employees following reorganisations)
After section 61C
61D: Application of collective agreements to employees following reorganisations
1: This section limits which employees may be bound by a collective agreement that—
a: binds the chief executive of Department A before a transfer of functions from Department A to Department B and that, as a consequence of sections 30H and 30I, binds the chief executive of Department B after that transfer of functions ( collective agreement A
b: binds the chief executive of Department B before that transfer of functions ( collective agreement B
2: After that transfer of functions,—
a: the only employees of Department B who are entitled to be bound by or enforce collective agreement A are those employees who are appointed to a position in Department B that has been established (whether or not previously existing in Department A) to enable Department B to perform the transferred functions; and
b: the only employees of Department B who are entitled to be bound by or enforce collective agreement B are those employees who hold, or are appointed to, a position other than a position referred to in paragraph (a)
3: Subsection (2)
4: This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under Part 6 of this Act and sections 56(1), 57, 62(3), 63(3), and 243 of the Employment Relations Act 2000.
5: This section does not apply to a collective agreement to the extent that the parties agree otherwise. 1988 No 20 s 30G
54: New section 66 inserted (Certain sections do not apply in relation to ministerial staff)
After section 65
66: Certain sections do not apply in relation to ministerial staff
Sections 60, 61, 64, and 65 do not apply in relation to ministerial staff.
55: Section 77 replaced (Protection from liability)
Replace section 77
77: Immunity for education service chief executives and employees
Education service chief executives and employees are immune from liability in civil proceedings for good-faith actions or omissions in pursuance or intended pursuance of their duties, functions, or powers.
56: Section 77C amended (Performance of teachers)
In section 77C(1) , with the agreement of the State Services Commissioner,
57: Section 85 amended (Offence to attempt to influence Commissioner or chief executive)
In section 85(1) influence the Commissioner or any Commissioner or any chief executive influence the Commissioner or any chief executive
58: Section 86 replaced (Protection from liability)
Replace section 86
86: Immunity for Public Service chief executives and employees
1: Public Service chief executives and employees are immune from liability in civil proceedings for good-faith actions or omissions in pursuance or intended pursuance of their duties, functions, or powers.
2: See also
59: Section 91 repealed (Transitional provisions for permanent heads)
Repeal section 91
60: New Schedule 1A inserted
After Schedule 1 Schedule
61: Amendment to Tax Administration Act 1994
1: This section amends the Tax Administration Act 1994
2: Replace section 7
7: Delegation of powers by Commissioner
1: The Commissioner may delegate in accordance with sections 41 and 42 of the State Sector Act 1988 any of the Commissioner's functions or powers under this Act or any other Act (including functions or powers delegated to the Commissioner under this Act or any other Act), except that—
a: the delegation of functions or powers delegated to the Commissioner by a Minister requires the prior written approval of that Minister; and
b: the delegation of functions or powers delegated to the Commissioner by the State Services Commissioner requires the prior written approval of the State Services Commissioner.
2: However, the Commissioner may not delegate to a person outside the Public Service (as described in section 41(2A)
a: the Commissioner’s functions or powers in relation to obtaining information from and about taxpayers (sections 16 to 21 of this Act); and
b: the Commissioner’s functions or powers in relation to imposing civil and criminal penalties on taxpayers in various circumstances (Part 9 of this Act, subpart 3 of Part 4 of the Student Loan Scheme Act 2011, and Part 12 of the Child Support Act 1991); and
c: the Commissioner’s functions or powers in relation to deducting amounts from payments due (section 157 of this Act, section 193 of the Student Loan Scheme Act 2011 but in respect only of the powers in section 157 of this Act, and section 154 of the Child Support Act 1991); and
d: the Commissioner’s functions or powers in relation to tax recovery agreements negotiated between the government of a territory outside New Zealand and the Government of New Zealand (Part 10A of this Act).
3: Sections 41 and 42 of the State Sector Act 1988 apply to delegations under this section as if those delegations were made under section 41(1) 2013-07-18 Tax Administration Act 1994
62: Consequential amendments to Crown Proceedings Act 1950
1: This section amends the Crown Proceedings Act 1950
2: In section 6(1) and any other Act, and except as provided in subsection (4A)
3: In section 6(4) Any enactment Except as provided in subsection (4A)
4: After section 6(4)
4A: Despite certain Crown servants being immune from liability under section 86
a: a court may find the Crown itself liable in tort in respect of the actions or omissions of those servants; and
b: for the purpose of determining whether the Crown is so liable, the court must disregard the immunity in section 86 2013-07-18 Crown Proceedings Act 1950
63: Consequential amendments to Clerk of the House of Representatives Act 1988
1: This section amends the Clerk of the House of Representatives Act 1988
2: In the heading to section 17 State Services Commission State Services Commissioner
3: In section 17(1) State Services Commission State Services Commissioner
4: After section 17(1)
1A: The State Services Commissioner must exercise functions requested by the Speaker in accordance with subsection (1) consistently with the role of the Office of the Clerk of the House of Representatives and its separation from the executive government. 2013-07-18 Clerk of the House of Representatives Act 1988
64: Consequential amendments to Parliamentary Service Act 2000
1: This section amends the Parliamentary Service Act 2000
2: In Schedule 1 clause 15(1)
1A: The State Services Commissioner must exercise functions requested by the Speaker in accordance with subsection (1) consistently with the role of the Parliamentary Service and its separation from the executive government. 2013-07-18 Parliamentary Service Act 2000
65: Amendment relating to Legislation Act 2012
1: This section takes effect on the repeal of the Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989
2: Repeal section 55B(6)
6: A Government Workforce Policy Statement is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act. |
DLM4068700 | 2013 | International Finance Agreements Amendment Act 2013 | 1: Title
This Act is the International Finance Agreements Amendment Act 2013.
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 subsection (2).
2: Section 6 Section 2(2) brought into force 11 March 2016 International Finance Agreements Amendment Act 2013 Commencement Order 2016
3: Principal Act amended
This Act amends the International Finance Agreements Act 1961 2013-02-27 International Finance Agreements Act 1961 OIC LI 2016/41 2016-03-11 International Finance Agreements Act 1961 Section 6
4: New section 10 inserted
The following section is inserted after section 9
10: Power to amend schedules
1: The Governor-General may, by Order in Council,—
a: amend any schedule specified in subsection (2)
b: repeal any schedule specified in subsection (2)
2: The schedules that may be amended, or repealed and substituted, are—
a: Schedule 1 (which sets out the text of the Fund Agreement):
b: Schedule 2 (which sets out the text of the Bank Agreement):
c: Schedule 3 (which sets out the text of the Corporation Agreement):
d: Schedule 7 (which sets out the text of the Convention):
e: Schedule 1 of the International Finance Agreements Amendment Act 1966 (which sets out the text of the Agreement Establishing the Asian Development Bank):
f: Schedule 2 of the International Finance Agreements Amendment Act 1966 (which sets out the text of the Articles of Agreement of the International Development Association).
3: An order made under subsection (1)
5: Schedule 1 amended (implementing 2008 reforms)
Schedule 1 Schedule 1
6: Schedule 1 amended (implementing 2010 reforms)
Schedule 1 Schedule 2
7: Repeal of International Finance Agreements Amendment Act 1975
The International Finance Agreements Amendment Act 1975 2013-02-27 International Finance Agreements Amendment Act 1975 |
DLM5189036 | 2013 | Criminal Disclosure Amendment Act 2013 | 1: Title
This Act is the Criminal Disclosure Amendment Act 2013.
2: Commencement
This Act comes into force on 1 July 2013
3: Principal Act
This Act amends the Criminal Disclosure Act 2008 principal Act 2013-07-01 Criminal Disclosure Act 2008
4: Section 6 amended (Interpretation)
In section 6(1) working day .
5: Section 33 amended (Appeals)
1: Replace section 33(3)
3: An appeal under this section—
a: may be made to the Court of Appeal with the leave of that court, or to the Supreme Court with the leave of that court, if the order was made by—
i: the High Court; or
ii: a District Court in a proceeding for a category 3 offence after the defendant elected a jury trial:
b: may, in any other case, be made to the High Court with the leave of that court.
2: Replace section 33(4) and (5) section 8
4: Subpart 2 of Part 6 of the Criminal Procedure Act 2011 applies to an appeal under this section with any necessary modifications.
5: Despite subpart 2 of Part 6 of the Criminal Procedure Act 2011,—
a: a notice of application for leave to appeal to the High Court must be filed within 3 working days after the date of the decision to which the appeal relates:
b: a notice of application for leave to appeal to the Court of Appeal or the Supreme Court must be filed within 10 working days after the date of the decision to which the appeal relates.
6: Section 34A amended (Information disclosed late by defendant)
In section 34A(a) section 7 ; and ; or |
DLM5313601 | 2013 | Copyright (Parallel Importing of Films) Amendment Act 2013 | 1: Title
This Act is the Copyright (Parallel Importing of Films) Amendment Act 2013.
2: Commencement
This Act comes into force on 31 October 2013.
3: Principal Act
This Act amends the Copyright Act 1994 principal Act 2013-10-31 Copyright Act 1994
4: Section 35 amended (Infringement by importation)
1: Replace section 35(3)(a) and (b)
a: imports a copy of the film into New Zealand within 5 months of the date that the film is first made available to the public; and
b: knows or has reason to believe that the film is imported into New Zealand within 5 months of that date; and .
2: In section 35(5) 31 October 2013 31 October 2016 |
DLM5788002 | 2013 | Weights and Measures Amendment Act 2013 | 1: Title
This Act is the Weights and Measures 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 amended
This Act amends the Weights and Measures Act 1987 2013-12-18 Weights and Measures Act 1987
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—
a: establishes a system of weights and measures to be used for trade; and
b: regulates the use of weights and measures for trade.
6: Interpretation
1: The definition of district standards section 2
2: The definition of infringement fee section 2 infringement fee section 41B .
3: Paragraph (a) of the definition of infringement offence section 2 sections 10, 14, 15, 16, 16A, 17, 21, and 24 sections 8, 10, 14, 15, 15A, 16, 16A, 17, 18, 21, 22B, and 24
4: Section 2 infringement notice reference standards .
7: New section 6 substituted
Section 6
6: Reference standards
1: The Secretary must nominate 1 or more Inspectors, and may nominate 1 or more accredited persons, to maintain, as reference standards for the purposes of this Act,—
a: copies of the departmental standards; or
b: standards that are of the same or greater accuracy as the departmental standards.
2: Reference standards must be verified from time to time, at intervals not exceeding 5 years, by reference to—
a: the departmental standards; or
b: the standards referred to in section 5(3)(a) or (b).
3: Unless it is impracticable to do so, a reference standard must be marked with all of the following:
a: a Crown and the letters NZ:
b: figures indicating the unit of the weight or measure and the numerical value of that unit:
c: any other symbols, letters, or figures prescribed by regulations made under section 41(ab)
4: The marks must, where practicable, appear on the reference standard,—
a: in the case of the marks described in subsection (3)(a), in close proximity to each other; and
b: in the case of the marks described in subsection (3)(c), in the form and manner (if any) prescribed by regulations made under section 41(ac)
8: Inspectors' working standards
1: Section 7(1) district standards reference standards
2: Section 7
3: Unless it is impracticable to do so, an Inspectors' working standard must be marked with all of the following:
a: a Crown and either—
i: the letters NZ; or
ii: the letters SW (signifying standard weight) in the case of a weight or SM (signifying standard measure) in the case of a measure:
b: figures indicating the unit of the weight or measure and the numerical value of that unit:
c: any other symbols, letters, or figures prescribed by regulations made under section 41(ab)
4: The marks must, where practicable, appear on the Inspectors' working standard,—
a: in the case of the marks described in subsection (3)(a), in close proximity to each other; and
b: in the case of the marks described in subsection (3)(c), in the form and manner (if any) prescribed by regulations made under section 41(ac)
9: Accredited persons' working standards
Section 7A(2)(b) district standards reference standards
10: New section 13 substituted
Section 13
13: Obligation in respect of invoice or delivery note
1: This section applies to a person who delivers to a purchaser at a place other than the premises of the seller any goods sold by weight or measure other than goods that are—
a: weighed or measured at the premises of the purchaser in the purchaser's presence; or
b: enclosed in a package that is marked or labelled with a statement of the net weight or measure of the goods; or
c: exempted from the provisions of this section by regulations made under section 41(x).
2: The person must, as soon as practicable, deliver or send to the purchaser an invoice or delivery note that shows, in the form and manner (if any) prescribed by regulations made under section 41(xaa)
a: the true net weight or measure of those goods; and
b: the address, telephone numbers, and email address (if any) of the seller.
11: New sections 15 and 15A substituted
Section 15
15: Counting of goods sold by retail
1: This section applies if a person offers or exposes goods for retail sale by number.
2: If the goods are not prepackaged when offered or exposed for sale, the person must ensure that the goods are counted—
a: before or at the time of sale; and
b: by or in the presence of the purchaser.
3: If the goods are prepackaged and counted at the premises or place where they are offered or exposed for sale before they are offered or exposed for sale, the person must, at the request of the purchaser, count the goods in the presence of the purchaser.
4: A person who contravenes this section commits an offence.
15A: Weighing and measuring of goods sold by retail
1: This section applies if a person offers or exposes goods for retail sale by weight or measure.
2: If the goods are not prepackaged when offered or exposed for sale, the person must ensure that the goods are weighed or measured, by or in the presence of the purchaser, in accordance with subsection (4).
3: If the goods are prepackaged and weighed or measured at the premises or place where they are offered or exposed for sale before they are offered or exposed for sale, the person must, at the request of the purchaser, weigh or measure the goods in the presence of the purchaser in accordance with subsection (4).
4: For the purposes of subsections (2) and (3), the goods must be weighed or measured—
a: before or at the time of sale; and
b: using a weighing or measuring instrument that is situated where the purchaser can easily see that instrument, any necessary weights or measures, and the recorded or indicated weight or measurement of the goods.
5: A person who contravenes this section commits an offence.
12: New section 22B inserted
The following section is inserted after section 22A
22B: Certificate of accuracy required for certain weighing or measuring instruments
1: A person who uses for trade, or has in that person's possession for use for trade, a specified weighing or measuring instrument must have a current certificate of accuracy for that instrument.
2: A person who contravenes subsection (1) commits an offence.
3: In this section, specified weighing or measuring instrument section 41(ba)
13: Infringement offences
1: Section 32A
1A: Despite section 21(1)(a) of the Summary Proceedings Act 1957, leave of a District Court Judge or Registrar to file a charging document is not necessary if the Secretary commences proceedings for an infringement offence by filing a charging document under the Criminal Procedure Act 2011.
2: Section 32A
4: The Secretary may revoke an infringement notice before the infringement fee is paid, or before an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.
5: An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked.
14: Form and content of infringement notice
1: The heading to section 32B Procedural requirements relating to infringement notices
2: Section 32B(1)(b) specified in respect of that offence in section 33A prescribed in respect of that offence
3: Section 32B
3: If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and in that case, section 21 of the Summary Proceedings Act 1957 applies, with all necessary modifications.
4: Reminder notices must be prescribed by regulations made under section 41B
15: New section 32BA inserted
The following section is inserted after section 32B
32BA: Effect of infringement notice
If an infringement notice is issued, a criminal record must not be created in respect of the infringement offence.
16: New section 33 substituted
Section 33
33: Penalties
1: Every person who commits an infringement offence is, on being found guilty of, or on pleading guilty to, the offence, liable to a fine not exceeding $10,000.
2: Every person who commits an offence against section 32(a) is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000.
3: Every person who commits any other offence against this Act is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day on which the offence has continued; and
b: in the case of a body corporate, to a fine not exceeding $30,000 and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day on which the offence has continued.
17: Section 33A repealed
Section 33A
18: Regulations
1: Section 41
ab: prescribing symbols, letters, or figures that must be impressed on a reference standard or an Inspectors' working standard:
ac: prescribing the form and manner in which marks must appear on a reference standard or an Inspectors' working standard: .
2: Section 41
ba: specifying the weighing or measuring instruments, or classes of weighing or measuring instruments, that are specified weighing or measuring instruments for the purposes of section 22B .
3: Section 41
xaa: prescribing the form and manner in which information must appear on an invoice or delivery note for the purposes of section 13(2) .
4: Section 41(y) (including infringement notices)
19: New section 41B inserted
The following section is inserted after section 41A
41B: Regulations relating to infringement fees
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the following purposes:
a: prescribing the form of infringement notices and reminder notices:
b: prescribing any particulars that must be included in those notices:
c: prescribing the amount of an infringement fee, which must not exceed $2,000, payable in respect of an infringement offence for which an infringement notice has been issued. |
DLM5627400 | 2013 | Social Welfare (Transitional Provisions) Amendment Act 2013 | 1: Title
This Act is the Social Welfare (Transitional Provisions) 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 Social Welfare (Transitional Provisions) Act 1990 principal Act 2013-12-05 Social Welfare (Transitional Provisions) Act 1990 concerning ss 4–8, and 18–25 Principal Act renamed: amendments to principal Act
4: Name of principal Act changed
1: After the commencement of this Act,—
a: the principal Act is called the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990; and
b: every reference to the principal Act in any enactment, or in any document, in force on that commencement must, unless the context otherwise requires, be read as a reference to the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990.
2: Subsection (1)(b)—
a: does not apply to a reference to a principal Act provision that was repealed before that commencement; and
b: is subject to the other provisions of this Act.
5: Title repealed
Repeal the Title.
6: Section 1 amended (Short Title and commencement)
1: In the heading to section 1 Short
2: In section 1(1)
a: replace may be cited as is
b: replace Transitional Provisions Reciprocity Agreements, and New Zealand Artificial Limb Service
7: Part 1 heading amended
In the Part 1 heading Monetary benefits Reciprocity agreements with other countries
8: Cross-heading above section 19 repealed
Repeal the cross-heading above section 19 Principal Act renamed: consequential amendments to other enactments
9: Child Support Act 1991 amended consequentially
1: This section amends the Child Support Act 1991
2: In the following provisions, replace (Transitional Provisions) (Reciprocity Agreements, and New Zealand Artificial Limb Service)
a: section 131
b: section 240(2)(d)
c: section 263(2)(b)(iii) 2013-12-05 Child Support Act 1991
10: Child Support Amendment Act 2013 amended consequentially
1: This section amends the Child Support Amendment Act 2013
2: In section 38 (Transitional Provisions) (Reciprocity Agreements, and New Zealand Artificial Limb Service) 2013-12-05 Child Support Amendment Act 2013
11: Customs and Excise Act 1996 amended consequentially
1: This section amends the Customs and Excise Act 1996
2: In the following provisions, replace (Transitional Provisions) (Reciprocity Agreements, and New Zealand Artificial Limb Service)
a: section 280A social security agreement
b: section 280B(1) 2013-12-05 Customs and Excise Act 1996
12: Income Tax Act 2007 amended consequentially
1: This section amends the Income Tax Act 2007
2: In the following provisions, replace (Transitional Provisions) (Reciprocity Agreements, and New Zealand Artificial Limb Service)
a: section CW 28(2)(a)(ii)
b: section YA 1 portable New Zealand superannuation
c: section YA 1 portable veteran's pension
3: In section YA 1 living alone payment 2013-12-05 Income Tax Act 2007
13: New Zealand Superannuation and Retirement Income Act 2001 amended consequentially
1: This section amends the New Zealand Superannuation and Retirement Income Act 2001
2: In the following provisions, replace (Transitional Provisions) (Reciprocity Agreements, and New Zealand Artificial Limb Service)
a: section 5(1) New Zealand superannuation
b: section 19(10)
c: section 21
d: section 26(1)(a)
e: section 30(1)(b) 2013-12-05 New Zealand Superannuation and Retirement Income Act 2001
14: Public Bodies Contracts Act 1959 amended consequentially
1: This section amends the Public Bodies Contracts Act 1959
2: In Schedule 1 (Transitional Provisions) (Reciprocity Agreements, and New Zealand Artificial Limb Service) 2013-12-05 Public Bodies Contracts Act 1959 see also section 28
15: Social Security Act 1964 amended consequentially
1: This section amends the Social Security Act 1964
2: In section 3(1) benefit ; and (including, without limitation, any such benefit payable under this Act by virtue of an agreement or convention given effect in relation to New Zealand by an order under section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990)
3: In section 3(1) benefit 1954 (including, without limitation, any New Zealand superannuation, or veteran's pension, payable under that Act by virtue of an agreement or convention given effect in relation to New Zealand by an order under section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990)
4: In the following provisions, replace (Transitional Provisions) (Reciprocity Agreements, and New Zealand Artificial Limb Service)
a: section 5(1)
b: section 10A(1)(b)
c: section 11(2)(f)
d: section 11D(9)
e: section 12J(1A)(a)
f: section 60GAE(1A)(a)
g: section 74AA(1A)(a)
h: section 77(1)(b)
i: Schedule 32
5: In the following provisions, delete or the Social Welfare (Transitional Provisions) Act 1990
a: section 3(1) income
b: section 3(3)
c: section 69FA(1) income
d: section 70(3)(a)
e: section 71(1)
f: section 74(1)
g: section 74A(5)
h: section 80(1)
i: section 85A(f)
j: section 127(a)
6: In the following provisions, delete the Social Welfare (Transitional Provisions) Act 1990 or
a: section 11(2)(a)
b: section 64(1)
c: section 86(2)
7: In section 12J(1)(c) Part 1 of the Social Welfare (Transitional Provisions) Act 1990 or
8: Repeal section 61H(1)(c)
9: In the following provisions, delete or under the Social Welfare (Transitional Provisions) Act 1990
a: section 69G(1)
b: section 69H(1)
c: section 70(1)
10: In Schedule 22 under Part 1 of the Social Welfare (Transitional Provisions) Act 1990 2013-12-05 Social Security Act 1964 see also section 29
16: Tax Administration Act 1994 amended consequentially
1: This section amends the Tax Administration Act 1994
2: In the following provisions, replace (Transitional Provisions) (Reciprocity Agreements, and New Zealand Artificial Limb Service)
a: section 85B(4)(a)
b: section 85B(7) social security agreement 2013-12-05 Tax Administration Act 1994
17: War Pensions Act 1954 amended consequentially
1: This section amends the War Pensions Act 1954
2: In the following provisions, replace (Transitional Provisions) (Reciprocity Agreements, and New Zealand Artificial Limb Service)
a: section 68(3)
b: section 69(1)(b)
c: section 74E
d: section 74J(1)(a)
e: section 74N(1)(b) 2013-12-05 War Pensions Act 1954 New Zealand Artificial Limb Board renamed
18: Part 3 heading amended
In the Part 3 heading Board Service
19: Section 42 amended (Interpretation)
1: In section 42 Board constituted by section 43 established on 1 April 1990 by section 43(1)
2: In section 42 Service section 43(1A)(a)
20: Section 43 amended (New Zealand Artificial Limb Board)
1: In the heading to section 43 Board Service
2: In section 43(1) There is hereby This subsection on 1 April 1990
3: After section 43(1)
1A: After the commencement of the Social Welfare (Transitional Provisions) Amendment Act 2013,—
a: the Board is renamed, and is to be known as, the New Zealand Artificial Limb Service; and
b: a reference to the Board in an agreement, or in any other document, in force immediately before that commencement must be read as a reference to the Service.
4: In section 43(2) Board Service
21: Section 44 amended (Functions)
In section 44 Board Service
22: Section 46 amended (Membership of Board)
1: In the heading to section 46 Board Service
2: In section 46(1) Board shall consist Service consists
3: In section 46(1)(e) Area District
4: In section 46(1)(f) the Board a majority of the current members of the Service
5: In section 46(2) Members of the Board Members of the Service
23: Section 48 amended (Review of operation of Board)
1: In the heading to section 48 Board Service
2: In section 48
a: replace the date of commencement of this Act 1 April 1990
b: replace Board shall Service must
3: In section 48(a) Board Service
4: In section 48(a)(i) the date of the commencement of this Act 1 April 1990
24: Section 49 amended (Further provisions applying to Board)
1: In the heading to section 49 Board Service
2: In section 49 shall apply in respect of the Board apply in respect of the Service
25: Schedule 3 amended
1: In the Schedule 3 Board Service
2: In Schedule 3 Board Service
3: In Schedule 3 Board Service
4: In Schedule 3, clause 22 Board shall be Service is
26: Crown Entities Act 2004 amended consequentially
1: This section amends the Crown Entities Act 2004
2: In Schedule 1 Board Service 2013-12-05 Crown Entities Act 2004
27: Ombudsmen Act 1975 amended consequentially
1: This section amends the Ombudsmen Act 1975
2: In Schedule 1 Board Service 2013-12-05 Ombudsmen Act 1975
28: Public Bodies Contracts Act 1959 amended consequentially
1: This section amends the Public Bodies Contracts Act 1959
2: In Schedule 1 Board Service
29: Social Security Act 1964 amended consequentially
1: This section amends the Social Security Act 1964
2: In section 126 Board Service |
DLM5362202 | 2013 | New Zealand International Convention Centre Act 2013 | 1: Title
This Act is the New Zealand International Convention Centre 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
3: Purpose and outline
1: The overarching purpose of this Act is to provide economic benefits to New Zealanders by improving New Zealand's capability to host medium- to large-scale international conferences and related exhibitions through the construction and operation of an international-standard convention centre.
2: To this end, the Act—
a: gives effect to the agreement between the Crown and SKYCITY that provides for—
i: the construction and future operation of an international convention centre; and
ii: the granting of changes to the regulatory regime applying to the SKYCITY Casino at Auckland; and
iii: the imposition of obligations on SKYCITY to adopt certain harm minimisation and anti-money laundering mechanisms; and
b: provides for the protection, and control over the use, of the names New Zealand International Convention Centre and NZICC.
3: Subsection (2) 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 Agreement.
4: Interpretation
1: In this Act, unless the context otherwise requires,— Agreement
a: means all provisions of the New Zealand International Convention Centre Project and Licensing Agreement as entered into between SKYCITY Entertainment Group Limited and Her Majesty the Queen in right of New Zealand on 5 July 2013:
b: includes variations to the Agreement after that date to the extent that they are permitted by the Agreement and are not prohibited by section 11
c: after the date on which the Agreement is terminated, means any provisions of the Agreement (as it may have been so varied in accordance with paragraph (b)) that are expressed in the Agreement to have continuing effect after the termination of the Agreement:
d: after 30 June 2048, if the regulatory concessions remain in force as at that date, means any provisions of the Agreement (as it may have been so varied in accordance with paragraph (b)) that are expressed in the Agreement to have continuing effect after that date gambling law
a: means the Gambling Act 2003
b: includes any change to any of the things referred to in paragraph (a) after the date on which the Agreement was entered into licence
a: means any licence granted or continued under the Gambling Act 2003
b: includes, to avoid doubt, a condition of a licence Minister Ministry regulatory concession concession Schedules 1 2 restrictive covenant SKYCITY
a: SKYCITY Entertainment Group Limited; or
b: if SKYCITY Entertainment Group Limited assigns or transfers the whole of its rights under the Agreement in accordance with its provisions, its assignee or transferee; or
c: if SKYCITY Entertainment Group Limited assigns or transfers part of its rights under the Agreement in accordance with its provisions, SKYCITY Entertainment Group Limited and its assignee or transferee to the extent of the assignment or transfer SKYCITY Casino
2: 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 Agreement.
5: Act binds the Crown
This Act binds the Crown.
2: Substantive provisions
Provisions relating to concessions
6: Regulatory concessions authorised
1: The regulatory concessions shall be operative at the times and on the conditions that apply to the regulatory concessions in the Agreement.
2: The regulatory concessions prevail if a regulatory concession is inconsistent with any provision of the gambling law, and the application of the provision of the gambling law is modified accordingly.
3: Despite subsection (2), the provision of the gambling law prevails if its application would be more favourable in relation to SKYCITY Casino than the regulatory concession.
7: Clause 7.3 of Agreement has force of law
Clause 7.3 of the Agreement as set out in Schedule 3
8: Regulatory concessions administered and enforced in accordance with gambling law
1: The gambling law applies to the regulatory concessions, and all gambling conducted under the concessions, as if they were authorised by or permitted under the gambling law.
2: Without limiting subsection (1),—
a: the regulatory concessions, and all gambling conducted under the concessions, must be administered, monitored, and enforced in accordance with the gambling law as modified by this Act; and
b: the power under section 370
9: Obligations of Gambling Commission
The Gambling Commission must—
a: ensure that the conditions of each licence for SKYCITY Casino are consistent with, and give effect to, the regulatory concessions; and
b: exercise its functions and powers under the gambling law consistently with this Act.
10: Obligations of Secretary
The Secretary for Internal Affairs must exercise the powers under sections 141 327 367 Further provisions relating to Agreement
11: No variations to Agreement that increase opportunities for casino gambling except by Act of Parliament
1: The regulatory concessions may not be varied to increase the opportunities for casino gambling that are available as a result of the regulatory concessions except by an Act of Parliament.
2: Subsection (1) does not apply to a change made to, or variation of, in accordance with the Agreement, the monetary thresholds in Schedule 13 of the Agreement in respect of the ability to use TITO technology and cashless card-based technology (as those terms are defined in the Agreement).
12: Enforcement of Agreement
1: The Agreement is enforceable by the Crown and SKYCITY in accordance with its terms, including the financial and non-financial remedies (and, to avoid doubt, compensation) as provided for in the Agreement.
2: This section applies despite any rule of law or equity to the contrary relating to the enforceability of any contract provision that specifies remedies in the event of a breach of the contract.
13: Restrictive covenants
The restrictive covenants are deemed to be covenants to which section 307
14: Access to Agreement
1: The Ministry must ensure that—
a: the Agreement is publicly available on and after the date on which this Act comes into force; and
b: any variation to the Agreement is publicly available after the close of the date on which the variation comes into force.
2: In this section, publicly available Provisions relating to permanent protection for names
15: Protection of names
1: No body may be incorporated or registered under any enactment or in any other manner under any of the following:
a: New Zealand International Convention Centre; or
b: NZICC; or
c: any name that so closely resembles either of those names that it is likely to mislead any person.
2: No person may, either alone or with any other person, do any of the following without the authorisation of the Minister given under section 16
a: use a name referred to in subsection (1) as the name of an unincorporated association or organisation:
b: trade or carry on business under a name referred to in subsection (1):
c: use a name referred to in subsection (1) as the name of any building.
3: The prohibition in subsection (1) does not apply to the company registered with the name New Zealand International Convention Centre Limited at the date on which the Agreement was entered into.
16: Minister may authorise use of names
1: The Minister may authorise a person to do all or any of the things described in section 15(2)(a) to (c)
2: The authorisation may be given on any terms and conditions that the Minister thinks fit, including that the person pay the Crown an amount that the Minister thinks reasonable, whether by way of royalty or otherwise.
3: No authorisation under this section has effect unless it is given or confirmed in writing.
4: The Minister may, by notice in writing, revoke an authorisation given under this section.
17: Offence and penalty for contravention of section 15
A person who contravenes section 15
a: in the case of an individual,—
i: a fine not exceeding $5,000; and
ii: in the case of a continuing offence, a further fine not exceeding $500 for every day or part of a day during which the offence continues; and
b: in the case of a body corporate,—
i: a fine not exceeding $50,000; and
ii: in the case of a continuing offence, a further fine not exceeding $5,000 for every day or part of a day during which the offence continues.
18: Liability of officers of body corporate
If any body corporate is convicted of an offence against section 17
a: the act that constituted the offence took place with the person's authority, permission, or consent; or
b: the person knew the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
19: Flags, Emblems, and Names Protection Act 1981 amended
1: This section amends the Flags, Emblems, and Names Protection Act 1981
2: In Schedule 3 section 34 New Zealand International Convention Centre Act 2013: section 15 New Zealand International Convention Centre, NZICC 2013-11-19 Flags, Emblems, and Names Protection Act 1981 |
DLM5020500 | 2013 | Tax Administration Amendment Act 2013 | 1: Title
This Act is the Tax Administration 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 amended
This Act Tax Administration Act 1994 2013-02-27 Tax Administration Act 1994
4: New section 81A inserted
The following section is inserted after section 81
81A: Disclosure of information under approved information sharing agreement
Despite section 81, the Commissioner may supply personal information about an identifiable individual under an information sharing agreement approved by an Order in Council made under section 96J |
DLM4290400 | 2013 | Habeas Corpus Amendment Act 2013 | 1: Title
This Act is the Habeas Corpus 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 Habeas Corpus Act 2001 principal Act 2013-03-30 Habeas Corpus Act 2001
4: Section 8 amended (Description of defendant by reference only to office)
Replace section 8(a)
a: the chief executive of the department for the time being responsible for the administration of the Corrections Act 2004, if the detained person is alleged to be illegally detained in a corrections prison; or .
5: Section 9 amended (Urgency)
In section 9(1) Court unless a Judge of that court considers that the circumstances require otherwise
6: Section 14 amended (Determination of applications)
1: After section 14(1)
1A: Despite subsection (1), the High Court may refuse an application for the issue of the writ, without requiring the defendant to establish that the detention of the detained person is lawful, if the court is satisfied that—
a: section 15(1) applies; or
b: an application for the issue of a writ of habeas corpus is not the appropriate procedure for considering the allegations made by the applicant.
2: In section 14(3) A Judge Subject to section 13(2), a Judge
7: New section 14A inserted (Application for writ is civil proceeding under Courts (Remote Participation) Act 2010)
After section 14
14A: Application for writ is civil proceeding under Courts (Remote Participation) Act 2010
To avoid doubt, an application for a writ of habeas corpus is a civil proceeding for the purposes of the Courts (Remote Participation) Act 2010.
8: Section 17 amended (Urgency in hearing appeals)
1: In section 17(1) Appeal unless that court or a Judge of that court considers that the circumstances require otherwise
2: In section 17(1A) the Supreme Court unless that court or a Judge of that court considers that the circumstances require otherwise
9: Section 20 amended (Rules)
In section 20
2: Without limiting subsection (1), rules may be made under section 51C of the Judicature Act 1908 that amend the form in the Schedule or replace the form.
10: Schedule amended
In the form in the Schedule Chief Justice of Our High Court of New Zealand Judge of the High Court of New Zealand
11: Transitional provision
The amendments made by this Act apply in respect of an application made under the principal Act |
DLM5628000 | 2013 | Telecommunications Amendment Act 2013 | 1: Title
This Act is the Telecommunications 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 Telecommunications Act 2001 principal Act 2013-12-05 Telecommunications Act 2001
4: Section 69E amended (Requirements for sharing arrangements)
In section 69E(1)(d) and customer information information or customer confidential information
5: Section 69P amended (Register of non-retail users)
In section 69P(5) within 15 working days of receiving the application within 15 working days of public notice of the application
6: Section 155B amended (Interpretation)
In section 155B owner Unit Titles Act 1972 Unit Titles Act 2010 |
DLM5788503 | 2013 | Auctioneers Act 2013 | 1: Title
This Act is the Auctioneers Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose of Act
This Act provides for the registration of auctioneers and for related matters, and repeals the Auctioneers Act 1928
4: Interpretation
1: In this Act, unless the context otherwise requires,— auction
a: bids for the property are placed with the auctioneer in real time, whether in person, by telephone, via the Internet, or by any other means; and
b: the property is sold when the auctioneer so indicates chief executive person concerned in the management of a company
a: a director of the company, as that term is defined in section 126
b: the chief executive of the company, or any person occupying the equivalent position register section 21 registered auctioneer Registrar section 19 vendor
2: To avoid doubt, a process of selling property is not necessarily an auction for the purpose of this Act just because it is described as an auction. For example, a process described as an Internet auction, but that provides that any contract of sale resulting from the process is a contract directly between the winner of the bidding and the seller of the property, is not an auction for the purpose of this Act. Registration requirements
5: Registration of person carrying on business as auctioneer
1: A person must not carry on business as an auctioneer unless the person is registered under this Act as a registered auctioneer.
2: Subsection (1) is subject to the exceptions provided in—
a: sections 48 49
b: section 141
c: any other enactment.
3: A person carries on business as an auctioneer Section 5(2)(a) amended 8 September 2018 section 87(2) Statutes Amendment Act 2018
6: Disqualification from registration
1: A person who is an individual is disqualified from registration if he or she is—
a: under 18 years of age; or
b: an undischarged bankrupt; or
c: a person whose registration under this Act has been cancelled within the preceding 5 years; or
d: prohibited from being a director of, or being concerned or taking part in the management of, an incorporated or unincorporated body under any enactment or order made under any enactment; or
e: a person who has been convicted of a crime involving dishonesty within the preceding 5 years; or
f: a person who has been convicted, within the preceding 5 years, of—
i: an offence against section 40 Part 1 subpart 4
ii: an offence against section 24
g: subject to an order suspending or cancelling a licence under section 110
h: banned, or subject to a banning order, under section 68 69
i: subject to a property order made under section 30 31
2: A company is disqualified from registration if—
a: a person concerned in the management of the company is disqualified from registration under subsection (1); or
b: the company's registration under this Act has been cancelled within the preceding 5 years; or
c: the company has been convicted, within the preceding 5 years, of—
i: an offence against section 40 Part 1 subpart 4
ii: an offence against section 24
d: the company is subject to an order suspending or cancelling a licence under section 110
e: the company is banned, or subject to a banning order, under section 68 69
f: the company is in liquidation, receivership, or voluntary administration; or
g: the name of the company has been removed from the register of companies kept under section 360(1)(a) 2003 No 12 ss 24 25 Restriction on who registered auctioneers may engage as auctioneer
7: Restriction on who registered auctioneers may engage as auctioneer
A registered auctioneer must not engage an auctioneer to conduct a sale on the registered auctioneer's behalf if the auctioneer is disqualified from registration under section 6(1) Application for registration
8: Application for registration to carry on business as auctioneer
1: A person who wishes to carry on business as an auctioneer may apply to the Registrar, in accordance with this Act, for registration as a registered auctioneer.
2: Every application must—
a: be in the form (if any) prescribed by the Registrar; and
b: include the information and material specified in section 9
c: include the prescribed fee (if any). 2003 No 12 s 31
9: Information and material to be included in application
1: Every application for registration by an individual must set out or be accompanied by the following:
a: the person's full name, residential address, and date of birth; and
b: the trading name, or proposed trading name, of the applicant's auction business; and
c: the address of the principal place at which the applicant carries on, or proposes to carry on, business as an auctioneer; and
d: the applicant's address for service; and
e: a statement that the applicant is not disqualified from registration; and
f: any other prescribed information or material.
2: Every application for registration by a company must set out or be accompanied by the following:
a: the name of the company; and
b: the trading name, or proposed trading name, of the applicant's auction business; and
c: the address of the principal place at which the applicant carries on, or proposes to carry on, business as an auctioneer; and
d: the full name, residential address, and date of birth of each person concerned in the management of the company; and
e: the applicant's address for service; and
f: a statement, made by a person concerned in the management of the company, that the company and each person (who must be individually named) concerned in the management of the company is not disqualified from registration; and
g: any other prescribed information or material.
3: The address for service of an applicant must—
a: identify the place by reference to its street address; and
b: include, if available, the applicant's fax number and email address; and
c: not be that of a PO Box number, a document exchange, or a rural delivery. 2003 No 12 ss 31 32
10: Acceptance of application
1: The Registrar must accept an application for registration as an auctioneer if he or she is satisfied that the application is properly completed and,—
a: in the case of an application by an individual, that the person is not disqualified from registration; and
b: in the case of an application by a company, that the company and each person concerned in the management of the company are not disqualified from registration.
2: If the Registrar accepts an application, he or she must, as soon as practicable, enter the applicant's name on the register as a registered auctioneer, and provide the applicant with a registration certificate containing a unique registration number and showing the date of registration. 2003 No 12 ss 33 34 36
11: Refusal of application
1: If the Registrar does not accept an application for registration, he or she must give the applicant written notice of the refusal and the reasons for it within 10 working days after the decision is made.
2: The applicant has the right, under section 22 the District Court 2003 No 12 s 35 Section 11(2) amended 1 March 2017 section 261 District Court Act 2016 Duration of registration
12: Registration expires after 12 months
Registration as a registered auctioneer expires 12 months from the date of registration, unless the registration is sooner—
a: renewed by supplying an annual confirmation under section 13
b: cancelled under section 14
c: surrendered by the registered auctioneer. 2003 No 12 s 37
13: Annual confirmation
1: Every registered auctioneer must supply to the Registrar an annual confirmation of details relating to the registered auctioneer.
2: The annual confirmation must—
a: be in the form (if any) required by the Registrar and be accompanied by the prescribed fee (if any); and
b: confirm that the auctioneer is not disqualified from registration.
3: If a registered auctioneer does not comply with subsection (1) before the anniversary of the auctioneer's date of registration, the Registrar may assume the person is no longer carrying on business as an auctioneer and may amend the register of auctioneers accordingly. 2003 No 12 s 39
14: Cancelling registrations
1: The Registrar may cancel the registration of a registered auctioneer if satisfied,—
a: in the case of a registered auctioneer who is an individual, that the individual is disqualified from registration (otherwise than by reason of the making of a property order under section 30
b: in the case of a registered auctioneer that is a company, that the company, or any person concerned in the management of the company, is disqualified from registration; or
c: that the registered auctioneer was registered by reason of any false or fraudulent representation or declaration, whether made orally or in writing; or
d: that any application fee for registration or annual confirmation fee has subsequently been dishonoured; or
e: that the registered auctioneer has ceased to carry on business as an auctioneer; or
f: that the registered auctioneer engaged a person as an auctioneer to conduct a sale on the registered auctioneer's behalf, knowing that the person is disqualified from registration.
2: Before cancelling a registration under this section, the Registrar must notify the registered auctioneer, and the notice must—
a: set out the reasons for the proposed cancellation; and
b: give the registered auctioneer the opportunity to make, within 20 working days after the date of the notice, written submissions as to why the registration should not be cancelled; and
c: state the date (which must be a date after the last date on which submissions may be received) on which the cancellation is proposed to take effect.
3: The Registrar must consider any written submissions received.
4: If the Registrar decides to cancel a registration, the Registrar must give written notice to the registered auctioneer of the cancellation, the date on which it takes effect, and the reason for the cancellation. 2003 No 12 ss 43–45
15: When registered auctioneer ceases to be registered
A registered auctioneer ceases to be registered on the date, determined by the Registrar and shown on the register, that follows the expiry, cancellation, or surrender of the auctioneer's registration. 2003 No 12 ss 45 46 48 49
16: Obligation to notify Registrar of changes
1: A registered auctioneer must notify the Registrar if—
a: any of the following become disqualified from registration:
i: the registered auctioneer (whether an individual or a company):
ii: in the case of a registered auctioneer that is a company, a person concerned in the management of the company:
b: the registered auctioneer knows that any details on the register are no longer correct:
c: the registered auctioneer ceases to carry on business as an auctioneer.
2: Notification under subsection (1) must be made within 10 working days after the relevant matter is known to the registered auctioneer.
3: If, in the case of a registered auctioneer that is a company, a new person becomes concerned in the management of the company, the registered auctioneer must, within 20 working days,—
a: notify the Registrar, in writing, of the person's full name, residential address, and date of birth; and
b: send to the Registrar a statement confirming that the person to whom the notice relates is not disqualified from registration.
4: An applicant for registration must notify the Registrar if the applicant becomes aware, before receiving notice of the decision on the application, that any information included in the application is not, or is no longer, true and correct. 2003 No 12 ss 40 40A Record-keeping obligations
17: Auctioneer record
1: Every registered auctioneer must keep an accurate and up-to-date auctioneer record.
2: An auctioneer record must show the following information with respect to property offered for sale by auction by a registered auctioneer: Vendor
a: the vendor's full name, date of birth, contact address, and contact telephone number (if any):
b: whether the vendor is selling in trade as a supplier (within the meaning of the Consumer Guarantees Act 1993 Property
c: a description of the property: Auction
d: the date of the auction:
e: if the property was auctioned by lot, the lot number:
f: whether the sale was subject to a reserve price:
g: whether vendor bids were permitted:
h: the name of the auctioneer who conducted the sale:
i: the highest bid, and whether it was a vendor bid:
j: the price at which the property was sold:
k: the amount of proceeds paid to the vendor:
l: the date on which the proceeds were paid to the vendor.
3: The information required to be shown in an auctioneer record must be added to the record as soon as practicable after the information is available.
4: The information in an auctioneer record must be kept on the record for at least 3 years. 2004 No 70 ss 51 53
18: Storage and inspection of auctioneer record
1: Every auctioneer record must be kept available for inspection at the address of the principal place at which the registered auctioneer carries on business as an auctioneer.
2: The registered auctioneer must make the auctioneer record available for inspection, on request at any reasonable time, by any of the following:
a: a constable:
b: an employee of the Commerce Commission authorised, in writing, to inspect auctioneer records:
c: a vendor who has sold property through the auctioneer, but only in respect of the parts of the record that relate to the vendor and that property.
3: A registered auctioneer must, on request, give any person who has a right to inspect an auctioneer record a copy of any part of the record that he or she is entitled to inspect. 2004 No 70 ss 53 54 Registrar and register
19: Registrar of Auctioneers
1: The chief executive must appoint, under the Public Service Act 2020
2: The person holding office as the Registrar of Companies under the Companies Act 1993
3: The functions of the Registrar are as follows:
a: to establish and maintain a register of registered auctioneers:
b: to determine applications for registration:
c: to issue registration certificates:
d: to cancel registrations under section 14
e: to perform any other function conferred on the Registrar by this Act.
4: The Registrar may delegate any of the Registrar's functions or duties to any other person, except the power of delegation.
5: A delegation must be in writing, may be made subject to any restrictions or conditions the Registrar thinks fit, is revocable in writing at any time, and does not prevent the performance or exercise of any function or duty by the Registrar.
6: A person to whom any functions or duties are delegated may perform them in the same manner, and with the same effect, as if they had been conferred directly by this section.
7: 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. 2003 No 12 ss 60 61 62 Section 19(1) amended 7 August 2020 section 135 Public Service Act 2020
20: Registrar's certificate
A certificate signed by the Registrar is sufficient evidence, in the absence of proof to the contrary, that—
a: a particular person was or was not registered as an auctioneer at any particular time or during any period specified in the certificate; or
b: any entry in the register is as stated in the certificate. 2003 No 12 s 63
21: Register of auctioneers
1: The Registrar must ensure—
a: that a register of registered auctioneers, called the register of auctioneers, is established and maintained; and
b: that, as far as possible, the information in it is accurate and up to date.
2: The register must be in electronic form and may also be kept in any other form that the Registrar thinks fit.
3: The Registrar must ensure that the part of the register that contains the name, contact details, and address for service of each registered auctioneer is available to the public for inspection via the Internet at all reasonable times. 2003 No 12 ss 52 53 55 Appeals against decisions of Registrar
22: Appeals
1: A person may appeal to the District Court
a: a refusal to register the person as an auctioneer:
b: a decision to cancel the person's registration.
2: An appeal must be made by giving notice of appeal no later than 20 working days after the date on which notice of the decision was communicated to the appellant or such further time as the District Court may allow.
3: In determining an appeal, the District Court
4: A person may appeal to the High Court from a decision by the District Court
5: However, nothing in this section affects the right of any person to apply for judicial review. 2003 No 12 ss 64 67 Section 22(1) amended 1 March 2017 section 261 District Court Act 2016 Section 22(3) amended 1 March 2017 section 261 District Court Act 2016 Section 22(4) amended 1 March 2017 section 261 District Court Act 2016
23: Interim order by District Court
1: At any time before the final determination of an appeal relating to a registered auctioneer, the District Court
2: An interim order may be subject to any conditions that the District Court thinks fit.
3: If the District Court 2003 No 12 ss 65 66 Section 23(1) amended 1 March 2017 section 261 District Court Act 2016 Section 23(3) amended 1 March 2017 section 261 District Court Act 2016 Offences
24: Offences
1: A person who fraudulently retains the proceeds of property sold at auction, or fraudulently fails to pay the correct balance to the vendor, or, with intent to defraud the vendor, gives a false account of the sale, commits an offence and is liable on conviction to,—
a: in the case of an individual, a term of imprisonment not exceeding 2 years; or
b: in any other case, a fine not exceeding $200,000.
2: A person who does any of the following commits an offence and is liable on conviction to a fine not exceeding $10,000 (if an individual) or $30,000 (in any other case):
a: carries on business as an auctioneer, contrary to section 5
b: holds out as being a registered auctioneer while not being a registered auctioneer:
c: engages a person to conduct an auction on his or her behalf, knowing that the person is disqualified from registration:
d: gives or makes any statement that is false in a material particular to the Registrar in connection with an application for registration or confirmation of registration:
e: fails to comply with any of the obligations in section 16
f: fails to comply with the requirements of sections 17 18 Regulations
25: Regulations
1: The Governor-General may, by Order in Council, make regulations for the following purposes:
a: prescribing information and material to be included in applications for registration:
b: prescribing fees associated with the registration of auctioneers.
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 25(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Transitional provisions
26: Application of Act to existing licence holders and others
1: After the commencement of this Act, the following persons are deemed to have been registered as auctioneers under this Act on the day on which this Act comes into force:
a: every person who carries on business as an auctioneer and who, immediately before the commencement of this Act, holds a licence issued under the Auctioneers Act 1928
b: every person who is in partnership with a person referred to in paragraph (a) and whose name is endorsed on the licence.
2: This Act applies to every person who is deemed to be a registered auctioneer, except as provided in this section.
3: The registration of a person who is deemed to be registered by virtue of subsection (1) expires 6 months after the date on which this Act comes into force.
4: Despite anything in the Auctioneers Act 1928
5: The Registrar is not obliged to ensure that the names and other details of people to whom this section applies are entered onto the register of auctioneers, unless or until they are registered in accordance with this Act. Consequential and other amendments
27: Amendments removing exemption from requirement to be registered
The enactments set out in Part 1 2013-12-18 Land Act 1948 Policing Act 2008 Public Works Act 1981 Sentencing Act 2002
28: Consequential repeal and amendments
1: The Auctioneers Act 1928
2: The Auctioneers Regulations 1958
3: The enactments set out in Part 2 2013-12-18 Auctioneers Act 1928 Auctioneers Regulations 1958 Impounding Act 1955 Motor Vehicle Sales Act 2003 Property Law Act 2007 Protected Objects Act 1975 Real Estate Agents Act 2008 Sale of Goods Act 1908 Sale and Supply of Alcohol Act 2012 Secondhand Dealers and Pawnbrokers Act 2004 Trustee Companies Act 1967 Unclaimed Money Act 1971 Wellington Regional Water Board Act 1972 |
DLM5623900 | 2013 | Passports Amendment Act 2013 | 1: Title
This Act is the Passports 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 Passports Act 1992 principal Act 2013-12-05 Passports Act 1992
4: New section 27H and cross-heading inserted
After section 27G Cancellation of New Zealand travel document on death of holder
27H: Death of holder of New Zealand travel document
1: If the Minister has reasonable grounds to believe that the holder of a New Zealand travel document has died, the Minister may cancel that holder's New Zealand travel document.
2: Cancellation of a holder's New Zealand travel document under subsection (1)
3: For the purposes of subsection (2) passport database
5: Consequential amendment to Schedule 1A of Births, Deaths, Marriages, and Relationships Registration Act 1995
1: This section amends Schedule 1A
2: In the item relating to the Department of Internal Affairs, insert after the items in the second and third columns: Death information To identify deceased holders of New Zealand travel documents 2013-12-05 Births, Deaths, Marriages, and Relationships Registration Act 1995 |
DLM4803501 | 2013 | Local Electoral Amendment Act 2013 | 1: Title
This Act is the Local Electoral Amendment 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 principal Act
3: Principal Act
This Part amends the Local Electoral Act 2001 principal Act 2013-06-29 Local Electoral Act 2001
4: Section 5 amended (Interpretation)
1: In section 5(1) anonymous
2: In section 5(1) allotment candidate
a: means a person who has been nominated as a candidate in any election; and
b: includes, in Parts 5 and 5A .
3: In section 5(1) nomination day 50th 57th
5: Section 15 amended (General duties of electoral officer)
In section 15(2)(g) electoral donations and
6: Section 19H amended (Review of representation arrangements for elections of territorial authorities)
1: Replace section 19H(2)(b)
b: subsequently, at least once in every period of 6 years after the year in which the first determination was made.
2: After section 19H(2)
2A: To avoid doubt, subsection (2) is subject to sections 19K(1AA)
7: Section 19I amended (Review of representation arrangements for elections of regional councils)
1: Replace section 19I(2)(b)
b: subsequently, at least once in every period of 6 years after the year in which the first determination was made.
2: After section 19I(2)
2A: To avoid doubt, subsection (2) is subject to sections 19K(1AA)
8: New sections 19JA and 19JB inserted
After section 19J
19JA: Minor alterations to boundaries by territorial authority
1: A territorial authority may, in accordance with this section, determine by resolution new proposed boundaries of wards, communities, or subdivisions of communities of the district of the territorial authority.
2: The territorial authority must be satisfied that,—
a: since the existing boundaries of the wards, communities, or subdivisions of communities took effect as the basis for election at the last triennial general election, there have been changes at or near those boundaries to the boundaries of 1 or more allotments; and
b: the proposed boundaries of the wards, communities, or subdivisions constitute only minor alterations to the existing boundaries; and
c: the minor alterations will maintain the effective representation of communities of interest affected by the changes to the boundaries of the allotments; and
d: so far as is practicable, the proposed boundaries of the wards, communities, or subdivisions coincide with the boundaries of allotments; and
e: so far as is practicable, ward boundaries coincide with community boundaries (if applicable).
3: Every meeting at which the territorial authority deliberates on the proposals contained in the resolution must be open to the public, except as provided by Part 7 of the Local Government Official Information and Meetings Act 1987.
4: The territorial authority must refer the resolution to the Commission, together with the information concerning the communities of interest and population of the district or community, and the proposed wards, communities, or subdivisions, that is held by the territorial authority and is necessary for the purposes of subsection (6).
5: However, the territorial authority must not refer the resolution and information to the Commission after 15 January in the year of a triennial general election.
6: On receiving the reference, the Commission must—
a: consider the resolution and information forwarded to it; and
b: determine whether to uphold the proposed boundaries of the wards, communities, or subdivisions.
7: For the purposes of making its determination, the Commission may make any inquiries that it considers appropriate.
8: The Commission may determine to uphold the proposed boundaries only if it is satisfied of the matters specified in subsection (2).
9: The Commission must make its determination under subsection (6)(b) before 11 April in the year of the next triennial general election.
10: Section 19S applies to the Commission's determination as if it were made under section 19R(1)(b), and section 19Y(3) to (6) apply with any necessary modifications.
11: A territorial authority must not use this section if the territorial authority—
a: is required to make a resolution under section 19H before the next triennial general election; or
b: has, since the last triennial general election, made a resolution under section 19H; or
c: has, since the last triennial general election, already made a resolution under this section that was upheld by the Commission under subsection (6)(b).
19JB: Minor alterations to boundaries by regional council
1: A regional council may, in accordance with this section, determine by resolution new proposed boundaries of constituencies of the region of the regional council.
2: The regional council must be satisfied that,—
a: since the existing boundaries of the constituencies took effect as the basis for election at the last triennial general election, there have been changes at or near those boundaries to the boundaries of 1 or more allotments; and
b: the proposed boundaries of the constituencies constitute only minor alterations to the existing boundaries; and
c: the minor alterations will maintain the effective representation of communities of interest affected by the changes to the boundaries of the allotments; and
d: so far as is practicable, the proposed boundaries of the constituencies coincide with the boundaries of allotments; and
e: so far as is practicable, constituency boundaries coincide with the boundaries of 1 or more territorial authority districts or the boundaries of wards.
3: Every meeting at which the regional council deliberates on the proposals contained in the resolution must be open to the public, except as provided by Part 7 of the Local Government Official Information and Meetings Act 1987.
4: The regional council must refer the resolution to the Commission, together with the information concerning the communities of interest and population of the region, and the proposed constituencies, that is held by the regional council and is necessary for the purposes of subsection (6).
5: However, the regional council must not refer the resolution and information to the Commission after 15 January in the year of a triennial general election.
6: On receiving the reference, the Commission must—
a: consider the resolution and information forwarded to it; and
b: determine whether to uphold the proposed boundaries of the constituencies.
7: For the purposes of making its determination, the Commission may make any inquiries that it considers appropriate.
8: The Commission may determine to uphold the proposed boundaries only if it is satisfied of the matters specified in subsection (2).
9: The Commission must make its determination under subsection (6)(b) before 11 April in the year of the next triennial general election.
10: Section 19S applies to the Commission's determination as if it were made under section 19R(1)(b), and section 19Y(3) to (6) apply with any necessary modifications.
11: A regional council must not use this section if the regional council—
a: is required to make a resolution under section 19I before the next triennial general election; or
b: has, since the last triennial general election, made a resolution under section 19I; or
c: has, since the last triennial general election, already made a resolution under this section that was upheld by the Commission under subsection (6)(b).
9: Section 19K amended (Requirements for resolution)
Before section 19K(1)
1AA: A resolution under section 19H, 19I, or 19J that affects the next triennial general election of members of a territorial authority, regional council, or community board must be passed no earlier than 1 March of the year before the year of the election.
10: Section 19L amended (Distribution of copies of resolution)
Replace section 19L(a)(iv)
iv: the Remuneration Authority; and .
11: Section 19N amended (Response to submissions)
1: After section 19N(2)(b)
ba: specify the communities of interest considered by the territorial authority (as required by sections 19T and 19V) or regional council (as required by sections 19U and 19V); and
bb: specify the ratio of population to proposed members for each proposed ward, constituency, or subdivision, and the reasons for those proposals in terms of section 19V(2) and, if applicable, section 19V(3); and .
2: Replace section 19N(3)(a)(iv)
iv: the Remuneration Authority; and .
12: Section 19S amended (Determination of Commission)
In section 19S(2)(c) the Higher Salaries Commission or
13: Section 19V amended (Requirement for fair representation and other factors in determination of membership for wards, constituencies, and subdivisions)
1: Replace section 19V(3)(a)
a: if the territorial authority or the Commission considers that 1 or more of the following apply, wards and subdivisions of a community may be defined and membership distributed between them in a way that does not comply with subsection (2):
i: non-compliance with subsection (2) is required for effective representation of communities of interest within island communities or isolated communities situated within the district of the territorial authority; or
ii: compliance with subsection (2) would limit effective representation of communities of interest by dividing a community of interest between wards or subdivisions; or
iii: compliance with subsection (2) would limit effective representation of communities of interest by uniting within a ward or subdivision 2 or more communities of interest with few commonalities of interest: .
2: In section 19V(4) (3)(b) (3)
3: In section 19V(4), (5), and (6)(a), before regional council territorial authority or
14: Section 19Y amended (When determinations take effect)
In section 19Y(2)(a)(iv) the Higher Salaries Commission or
15: Section 19ZI amended (Guidelines in relation to reviews of representation)
1: In the heading to section 19ZI representation or minor alterations to boundaries
2: In section 19ZI(1) 19J 19JB
16: Section 55 amended (Nomination of candidates)
1: Replace section 55(2)(e)
e: the electoral officer receives the deposit prescribed for the applicable class of elections; and
f: the electoral officer receives the following together:
i: the nomination paper required by subsection (1):
ii: the consent and certification required by paragraph (a):
iii: the deposit required by paragraph (e).
2: Replace section 55(3)
3: The consent and certification required by subsection (2)(a) may be given in a manner other than in writing that is approved by the electoral officer, if the person nominated is outside New Zealand.
17: Section 59 amended (Forfeiture of deposit and refund of deposit)
1: Replace section 59(2)(a)(i)
i: withdraws his or her nomination before the close of nominations; or
ia: has his or her nomination cancelled because of incapacitation (certified by a medical practitioner) after the close of nominations but before the close of voting; or .
2: Replace section 59(2)(b)
b: the candidate (other than a candidate who dies before the close of voting) complies with section 112A
18: Section 61 amended (Candidate profile statements)
1: Replace section 61(2)(b)
b: must be provided to the electoral officer, together with the nomination paper and other things referred to in section 55(2)(f); and .
2: After section 61(2)(c)
ca: must state whether or not the candidate's principal place of residence, being the address in respect of which the candidate is registered as a parliamentary elector, is in the local government area for which the candidate seeks election (for example, either My principal place of residence is in the Lambton Ward My principal place of residence is not in the Lambton Ward
cb: if the candidate is seeking election to any other positions in elections to which this Act applies (under section 7), must specify each position and state that the candidate is seeking to be elected to the positions; and .
3: After section 61(2)
2A: The information required by subsection (2)(ca) and (cb) does not count for the purposes of the word limit under subsection (2)(a).
19: Section 65 amended (Further notice to electors of election or poll)
Repeal section 65(2)(da)
20: Cross-heading above section 69 replaced
Replace the cross-heading above section 69 Death, incapacity, or invalid or cancelled nominations of candidates .
21: Section 69 replaced (Candidate may retire after close of nominations)
Replace section 69
69: Application for cancellation of nomination if candidate incapacitated after close of nominations
1: An application may be made for the cancellation of the nomination of a candidate if the candidate becomes incapacitated after the close of nominations but before the close of voting.
2: The application must be made to the electoral officer by—
a: the 2 electors who nominated the candidate; or
b: if 1 or both electors are unavailable or unable to act for any reason, a person with authority to act on the candidate's behalf.
3: The application must be made on a form provided by the electoral officer, and must be witnessed by a Justice of the Peace or a solicitor.
4: The application must be accompanied by a certificate signed by a medical practitioner that certifies—
a: as to the candidate's condition; and
b: that, in the practitioner's opinion, the candidate is incapacitated.
5: The application must be submitted to the electoral officer—
a: as soon as practicable after the candidate becomes incapacitated; and
b: before the close of voting.
6: The application may be submitted by hand, post, fax, or electronic transmission.
7: In this section,— incapacitated medical practitioner
69A: How application for cancellation of nomination dealt with
1: On receiving an application under section 69, the electoral officer must promptly determine whether the candidate became incapacitated (as defined by section 69(7)) after the close of nominations but before the close of voting.
2: For the purposes of making the determination, the electoral officer may make any inquiries, and seek any assistance (including expert medical assistance), that the electoral officer considers necessary.
3: If, before the close of voting, the electoral officer determines that the candidate became incapacitated as described in subsection (1), the electoral officer must cancel the candidate's nomination.
4: If the electoral officer has not made a determination before the close of voting, the application is to be treated as having been declined.
5: As soon as practicable after making a determination, the electoral officer must inform the applicant of the determination.
22: Section 71 amended (Retirement, death, incapacity, or invalid nomination of candidate)
1: Replace the heading to section 71 Death, incapacity, or invalid or cancelled nomination of candidate
2: Replace section 71(1)(a)
a: the electoral officer has cancelled under section 69A a candidate's nomination in any election; or .
3: In section 71(2) retirement, death, incapacity, or the invalid nomination death, incapacity, or invalid or cancelled nomination
4: In section 71(3) and (4) retirement, death, incapacity, or invalid nomination death, incapacity, or invalid or cancelled nomination
5: In section 71(5) and (6) retired, deceased, or incapacitated candidate, or for a candidate whose nomination is invalid deceased or incapacitated candidate, or for a candidate whose nomination is invalid or cancelled
23: Section 72 amended (If election becomes unnecessary)
In section 72(1) retirement, death, incapacity, or invalid nomination death, incapacity, or invalid or cancelled nomination
24: New section 73A inserted (Adjournment of electoral processes)
After section 73
73A: Adjournment of electoral processes
1: The Governor-General may, by Order in Council made in accordance with this section, specify a later date for 1 or more of the following in respect of a triennial general election of members of 1 or more local authorities and community boards:
a: the date by which, or dates during which, a certain qualification entitles an elector to be included on the electoral roll:
b: the nomination day:
c: the polling day:
d: the date by which anything else may or must be done under this Act or regulations made under this Act.
2: The Order in Council must be made in the year in which the triennial general election is to be held.
3: A date specified by the Order in Council must be no more than 6 weeks after the date that would otherwise have applied.
4: A date may be specified by the Order in Council only if the order commences on or before the date that would otherwise have applied.
5: The Order in Council must be made on the recommendation of the Minister.
6: Before recommending the making of the Order in Council, the Minister—
a: must be satisfied, on reasonable grounds, that the order is necessary to ensure that the adverse effects of an emergency (whether local or national) or of anything referred to in section 73(1)(a) to (d) do not deny electors a reasonable opportunity to cast a valid vote, nominate a candidate, or accept nomination as a candidate in relation to the election; and
b: must have consulted every local authority and electoral officer that will be affected.
7: Upon the commencement of an Order in Council made under this section,—
a: a date specified in the order has effect in relation to the triennial general election of members of the 1 or more local authorities and community boards to which the order applies; and
b: this Act and any regulations made under this Act apply to the election with any necessary modifications.
8: The electoral officer must, as soon as practicable, give public notice of every change of date made by the Order in Council, and may give any other notice that the electoral officer considers desirable.
25: Section 75 amended (What voting documents for election must contain)
1: In section 75(2)(f) may be ; and
2: After section 75(2)(f)
g: a warning describing the offences that a person may commit under sections 122(1)(a), 123(1)(c), and 124(b).
26: Section 76 amended (What voting documents for polls must contain)
1: In section 76(2)(d) may be ; and
2: After section 76(2)(d)
e: a warning describing the offences that a person may commit under sections 122(1)(a), 123(1)(c), and 124(b).
27: Section 79 repealed (Early processing of votes)
Repeal section 79
28: Section 80 amended (Processing before close of voting)
Replace section 80(1)
1: The electoral officer may, at his or her discretion, process during the voting period and in the prescribed manner any voting documents received before the close of voting for any election or poll.
29: Part 5 heading replaced
Replace the Part 5
5: Electoral donations and expenses
.
30: New subpart 1 of Part 5 and subpart 2 of Part 5 heading inserted
After the Part 5
1: Electoral donations
103A: Interpretation
In this subpart and subpart 3 anonymous
a: does not know the identity of the donor; and
b: could not, in the circumstances, reasonably be expected to know the identity of the donor contribution
a: was given—
i: to the donor; or
ii: to a person who was required or expected to pass on all or any of its amount or value to the donor, whether directly or indirectly (for example, through 1 or more intermediaries, trustees, or nominees); and
b: would have been a donation if it had been given directly to the candidate; and
c: was given in the knowledge or expectation (whether by reference to a trust, an agreement, or an understanding) that it would be wholly or partly applied to make up, or to be included in, or to fund, a donation contributor
a: beneficially holds any money, or the equivalent of money, or any goods that make up the contribution or are included in the contribution; or
b: provides any services that make up the contribution or are included in the contribution or pays for those services out of money that the person beneficially holds donation funded from contributions donor electoral donation donation
a: includes,—
i: where goods or services are provided to a candidate, or to any person on the candidate's behalf, under a contract or an arrangement at a value that is less than their reasonable market value, the latter being a value that exceeds $300, the amount of the difference between the former value and the reasonable market value of those goods or services; and
ii: where goods or services are provided by a candidate under a contract or an arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and
b: excludes—
i: the labour of any person that is provided to a candidate free of charge by that person; and
ii: goods or services provided free of charge to a candidate, or to any person on the candidate's behalf, that have a reasonable market value of $300 or less receive
a: the donor directly; or
b: the donor indirectly, via a transmitter transmitter 1993 No 87 s 207
103B: Donations and contributions include GST
All references to the amount or value of a donation or contribution are inclusive of any goods and services tax incurred by the donor or contributor in respect of the goods or services donated or contributed. 1993 No 87 s 207A
103C: Donations to be transmitted to candidate
Every person, other than a candidate, to whom an electoral donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the candidate. 1993 No 87 s 207B(1)
103D: Contributors to be identified
1: This section applies to a donation (other than an anonymous donation) that is made up of, includes, or is wholly or partly funded from 1 or more contributions.
2: If this section applies to a donation, the donor must, at the time of making the donation, disclose—
a: the fact that the donation is funded from contributions; and
b: the following information about any contribution that, either on its own or when aggregated with other contributions made by the same contributor to the donation, exceeds $1,500 in sum or value:
i: the name of the contributor; and
ii: the address of the contributor; and
iii: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and
c: the total of all of the amounts disclosed under paragraph (b)(iii)
d: the total of all of the other contributions made in relation to the donation.
3: A candidate must give back to the donor the entire amount of the donation, or its entire value, if the candidate knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2)
4: For the purpose of section 112A subsection (3) 1993 No 87 s 207C
103E: Offence relating to contravention of section 103D
A donor who fails to comply with section 103D 1993 No 87 s 207D
103F: Identity of donor to be disclosed by transmitter, if known
1: When a transmitter transmits a donation to a candidate on behalf of the donor, the transmitter must disclose to the candidate—
a: the fact that the donation is transmitted on behalf of the donor; and
b: the name and address of the donor; and
c: whether section 103D subsection (2)
2: Where a transmitter does not disclose, or is unable to disclose, the information required by subsection (1) 1993 No 87 s 207E
103G: Offence relating to contravention of section 103F
A transmitter who fails to comply with section 103F(1) 1993 No 87 s 207F
103H: Disclosure of identity of donor
If any person involved in the administration of the affairs of a candidate in relation to his or her election campaign knows the identity of the donor of an anonymous donation exceeding $1,500, the person must disclose the identity of the donor to the candidate. 1993 No 87 s 207G(1)
103I: Offence relating to contravention of section 103H
A person who fails to comply with section 103H 1993 No 87 s 207H
103J: Anonymous donation may not exceed $1,500
1: If an anonymous donation exceeding $1,500 is received by a candidate in relation to an election campaign, the candidate must, within 20 working days of receiving the donation, pay to the electoral officer responsible for the conduct of the election to which that campaign relates the amount of the donation, or its value, less $1,500.
2: If an anonymous donation exceeding $1,500 is received by a candidate who is seeking election to more than 1 office, the candidate must—
a: designate 1 election campaign for election to 1 office for which the donation will be used; and
b: within 20 working days of receiving the donation, pay to the electoral officer responsible for the conduct of the election to which that campaign relates the amount of the donation, or its value, less $1,500.
3: An electoral officer who receives an amount under subsection (1) or (2)
a: issue a receipt to the candidate; and
b: pay the amount into the general fund of the local authority that appointed the electoral officer. 1993 No 87 s 207I(1)
103K: Offence relating to contravention of section 103J
1: A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 103J(1) or (2)
2: A candidate who contravenes section 103J(1) or (2) 1993 No 87 s 207J
103L: Records of electoral donations
1: A candidate must keep proper records of all donations received by him or her.
2: A candidate who fails, without reasonable excuse, to comply with subsection (1) 1993 No 87 s 207M
2: Electoral expenses
.
31: Section 104 amended (Interpretation)
1: In section 104 In this Part In this subpart and subpart 3
2: In section 104 electoral donation
3: In section 104 electoral expenses person ; and
4: In section 104 electoral expenses
h: does not include the cost of any framework (other than a commercial framework) that supports a hoarding on which an advertisement is displayed .
32: Section 105 amended (Periods for claiming and paying expenses)
After section 105(2)
3: A person who makes a payment in breach of this section commits an offence and is liable on conviction to a fine not exceeding $5,000.
33: Sections 109 and 110 repealed
Repeal sections 109 110
34: New section 112AA inserted (Offence to pay electoral expenses in excess of relevant prescribed maximum)
After section 112
112AA: Offence to pay electoral expenses in excess of relevant prescribed maximum
1: This section applies to any candidate or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any electoral expenses any sum in excess of the relevant maximum amount prescribed by section 111.
2: The candidate or person commits an offence and is liable on conviction—
a: to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, if he or she knew the payment was in excess of the relevant prescribed maximum amount; or
b: to a fine not exceeding $5,000 in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the electoral expenses did not exceed the relevant prescribed maximum amount.
35: New subpart 3 of Part 5 inserted
After section 112AA
3: Return of electoral donations and expenses
112A: Return of electoral donations and expenses
1: Within 55 days after the day on which the successful candidates at any election are declared to be elected, every candidate at the election must file a return of electoral donations and expenses.
2: However, in any case where a candidate is outside New Zealand on the day on which the successful candidates are declared to be elected ( election result day
3: The return of electoral donations and expenses must set out—
a: the details specified in subsection (4) paragraph (c)
b: whether any donation is funded from contributions, and if so, and to the extent known or ascertainable from the information supplied under section 103D subsection (5)
c: the details specified in subsection (6)
d: details of the candidate's electoral expenses.
4: The details referred to in subsection (3)(a)
a: the name of the donor; and
b: the address of the donor; and
c: the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and
d: the date the donation was received or, in the case of aggregated donations, the date that each donation was received.
5: The details referred to in subsection (3)(b)
a: the name of the contributor; and
b: the address of the contributor; and
c: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions.
6: The details referred to in subsection (3)(c)
a: the date the donation was received; and
b: the amount of the donation; and
c: the amount paid to the electoral officer under section 103J(1) or (2)
7: Every return filed under this section must be in the form prescribed in Schedule 2
8: It is the duty of every electoral officer to ensure that this section is complied with.
9: In this section, file 1993 No 87 s 209
112B: Nil return
If a candidate considers that there is no relevant information to disclose under section 112A 1993 No 87 s 209A
112C: Failure to file return of electoral donations and expenses
A candidate who fails, without reasonable excuse, to comply with section 112A
a: a fine not exceeding $1,000; and
b: if he or she has been elected to office, a further fine not exceeding $400 for every day that he or she continues to hold office until the return is filed.
112D: Filing a false return of electoral donations and expenses
A candidate who files a return under section 112A
a: to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, if he or she filed the return knowing it to be false in any material particular; or
b: to a fine not exceeding $5,000 in any other case, unless the candidate proves that—
i: he or she had no intention to misstate or conceal the facts; and
ii: he or she took all reasonable steps in the circumstances to ensure the information in the return was accurate.
112E: Obligation to retain records necessary to verify return
1: A candidate must take all reasonable steps to retain all records, documents, and accounts that are necessary to enable a return under section 112A
2: The records, documents, and accounts must be retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or to any matter to which the return relates.
3: A candidate who fails, without reasonable excuse, to comply with subsection (1) 1993 No 87 s 209C
112F: Return of electoral donations and expenses to be open for public inspection
1: The electoral officer must keep every return filed under section 112A public inspection period
2: During the public inspection period the electoral officer must—
a: publish, electronically or in any other manner the electoral officer considers appropriate, every return filed under section 112A
b: make available for public inspection a copy of every return filed under section 112A
c: provide to any person upon request a copy of 1 or more returns filed under section 112A
36: New Part 5A heading inserted
Before section 113
5A: Electoral advertising
.
37: Section 113 amended (Advertisements for candidates)
After section 113(5)
6: A person who wilfully contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000.
38: Section 115 amended (When members come into office)
Replace section 115(1) and (2)
1: Candidates at a triennial general election who are declared to be elected come into office on the day after the day on which the official result of the election is declared by public notice under section 86.
39: Section 132 and cross-heading repealed
Repeal section 132
40: Sections 133 to 136 repealed
Repeal sections 133 to 136
41: Section 138 replaced (Duty to take action in respect of offences)
Replace section 138
138: Duty to take action in respect of offences
1: Subsection (2)
a: receives a written complaint that an offence has been committed under—
i: Part 5; or
ii: this Part; or
b: believes for any other reason that an offence has been committed under either of the Parts specified in paragraph (a)
2: If this subsection applies, the electoral officer must—
a: report the complaint or belief to the Police; and
b: provide the Police with the details of any inquiries that he or she considers may be relevant.
3: Subsection (2)
4: Despite subsection (2) section 112A
138AA: Time limit for prosecutions
1: A prosecution under section 112C
2: A prosecution under section 103K or 112D
a: within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but
b: not later than 3 years after the offence was committed.
42: Schedule 1A amended
In Schedule 1A, clause 1(2)(b)(ii) are to be elected separately ; and
43: Schedule 2 replaced
Replace Schedule 2 Schedule 2 Schedule 1
44: Transitional provision for representation review processes
1: This section applies if a resolution under section 19H 19I 19J 19N section 19R
2: The principal Act applies in relation to the resolution or determination as if section 19V
45: Transitional provision for donations received before commencement of Act
For the purposes of the next triennial general election held after the commencement of this Act,—
a: the following provisions of the principal Act do not apply to anonymous donations received before the commencement of this Act:
i: paragraph (b) of the definition of anonymous section 103A
ii: sections 103C to 103K
iii: section 112A(6)(a) and (c)
b: the following sections of the principal Act do not apply to donations received by a candidate before the commencement of this Act:
i: section 103B
ii: section 103D
iii: section 103F(1)(c)
iv: section 103G
v: section 103L
vi: section 112A(3)(b), (4)(d), and (5)
vii: section 112E
c: the definition of candidate in section 5(1)
2: Amendments to regulations
46: Amendments to Local Electoral Regulations 2001
1: This Part amends the Local Electoral Regulations 2001
2: Amend the Local Electoral Regulations 2001 Schedule 2 2013-06-29 Local Electoral Regulations 2001 |
DLM5621500 | 2013 | Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2013 | 1: Title
This Act is the Anti-Money Laundering and Countering Financing of Terrorism 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 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 principal Act 2013-12-05 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
4: Section 5 amended (Interpretation)
In section 5 government agency
d: any overseas country's counterpart of any of the entities in paragraphs (a) to (c) .
5: Section 16 amended (Standard customer due diligence: verification of identity requirements)
In section 16(1)(a) provided obtained
6: Section 18 amended (Circumstances when simplified customer due diligence applies)
In section 18(1)(c) provides obtains
7: Section 27 amended (Wire transfers: identity requirements)
Replace section 27(6)
6: Any information about the originator obtained by a reporting entity that is an intermediary institution must be provided by that reporting entity to the beneficiary institution as soon as practicable.
8: Section 28 amended (Wire transfers: verification of identity requirements)
Replace section 28(1)(a)
a: verify the originator’s identity so that the reporting entity is satisfied that the information obtained under section 27 is correct; and .
9: Section 130 amended (AML/CFT supervisors)
In section 130(1)(a) banks registered
10: Section 134 amended (Delegation of supervisory function and powers)
In section 134(1)(b) section 131(b) section 131(d) |
DLM4913002 | 2013 | Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 | 1: Title
This Act is the Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013.
2: Commencement
This Act comes into force on 1 July 2013.
3: Principal Act
This Act amends the Prisoners' and Victims' Claims Act 2005 principal Act 2013-07-01 Prisoners' and Victims' Claims Act 2005
1: Main amendments to principal Act
Purpose of Part
4: Purpose of Part
The purpose of this Part is to amend the principal Act to—
a: prevent subpart 1 of Part 2
b: extend the victims' claims process in subpart 2 of Part 2
c: make it clear that certain persons unlawfully detained by or on behalf of the Crown are, and have always been, for the principal Act's purposes and the period of their unlawful detention, persons under control or supervision:
d: make it clear that specified claims include (and have always included) claims by those persons arising from, even if based solely on, that detention:
e: extend subpart 3 of Part 2 section 17 Purpose of principal Act
5: Section 3 amended (Purpose of this Act)
1: After section 3(2)
2A: Subpart 2 of Part 2 must be read with the following related enactments:
a: the Legal Services Act 2011, which facilitates the granting of legal aid in respect of victims’ claims proceedings under subpart 2 of Part 2 of this Act; and
b: the Privacy Act 1993, which enables the Ministry of Justice to have access to Police records on offender identity and victim identity for the purpose of providing assistance to victims in accordance with this Act; and
c: the Victims’ Rights Act 2002, which requires the Secretary for Justice to request, for the purposes of a notice under section 20 of this Act, the current address (including the full name) of a victim who has asked for notice of certain matters under that Act.
2: Replace section 3(4)
4: The purpose of subpart 4 of Part 2
a: the provisions of this Act as in force immediately before 1 July 2013
b: this subsection and subpart 4 of Part 2 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Persons unlawfully detained by or on behalf of the Crown
6: Section 4 amended (Interpretation)
In section 4 person under control or supervision
h: a person who is detained unlawfully—
i: immediately after, or because of recall or other return to custody after, ceasing to be a person to whom any of paragraphs (a) to (g) applied; and
ii: in the same manner as if he or she were a person to whom any of paragraphs (a) to (g) applies; and
iii: by or on behalf of the Crown (as defined in section 6(2)) .
7: Specified claim
In section 6(1)(a)(ii) affecting the person as (including, without limitation, by making the person) Application of principal Act
8: Section 12 amended (Application)
Replace section 12(1)
1: This subpart applies only to proceedings—
a: in or before a court or tribunal; and
b: in which 1 or more specified claims are made; and
c: commenced on or after 1 July 2013. Preventing expiry of prisoner compensation restrictions and guidance
9: Section 16 repealed (Expiry of subpart)
Repeal section 16 Extending victims' claims process
10: Section 17 amended (Compensation of prisoners, etc, must be paid to Secretary)
1: In section 17(1)(a)(i) made before 1 July 2013
2: In section 17(1)(a)(ii) , and either before, on, or after 1 July 2013
3: In section 17(1)(b)(i) made before 1 July 2013
4: In section 17(1)(b)(ii) , and either before, on, or after 1 July 2013 Suspending limitation periods for victims' claims
11: Section 63 amended (Application)
1: Replace the heading to section 63 Limitation periods to which section 64 applies
2: In section 63(1) This subpart Section 64
3: In section 63(1)(c) the commencement , on 4 June 2005,
4: In section 63(2) This subpart Section 64
5: In section 63(2)(a) the commencement , on 4 June 2005,
6: In section 63(2)(b) the commencement , on 4 June 2005,
7: In section 63(3) this subpart section 64
8: In section 63(3)(a) the commencement , on 4 June 2005,
12: Section 64 amended (Limitation periods suspended)
1: In the heading to section 64 suspended while offender serving sentence of imprisonment
2: In section 64(1) subpart section
13: New sections 64A and 64B inserted
After section 64
64A: Limitation periods to which section 64B applies
Section 64B
a: made by or on behalf of a victim after the commencement, on 1 July 2013, of section 64B
b: made against an offender and against money received under section 17 that is compensation in respect of a specified claim of the offender made after 30 June 2013; and
c: based on acts done or omitted to be done (whether before or after the commencement, on 1 July 2013, of section 64B
64B: Limitation periods suspended until standard deadline for filing of victims' claims under this Act
The limitation periods to which this section applies cease to run for the action against the offender and the money received under section 17 until the standard deadline (specified in section 28(3)) for the filing of a victim's claim in the victims' claims process under subpart 2.
2: Saving and repeal amendments to principal Act
Amendments to effect saving and repeal
14: Purpose of Part
The purpose of this Part is to amend the principal Act to—
a: ensure that generally only its provisions as in force immediately before 1 July 2013 continue to apply to specified claims made before 1 July 2013, money to be paid as compensation in respect of claims of that kind, and victims' claims against money of that kind:
b: repeal Part 3 Saving for specified claims made before 1 July 2013, related compensation, and related victims' claims
15: New subpart 4 of Part 2 inserted
After subpart 3 of Part 2
4: Specified claims made before 1 July 2013, related compensation, and related victims' claims
64C: Pre-1 July 2013 Act generally continues to apply
1: After 30 June 2013, the following provisions apply or continue to apply to specified claims made before 1 July 2013, money to be paid as compensation in respect of claims of that kind, and victims' claims against money of that kind:
a: the provisions of this Act as in force immediately before 1 July 2013; and
b: section 3(4) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
2: Despite subsection (1) sections 6 and 7 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 subsection (3)
3: The amendments made by sections 6 and 7 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 3 December 2012
a: made clear by those amendments; and
b: not challenged expressly in those proceedings before that date. Repeal of spent provisions amending other Acts
16: Part 3 repealed
Repeal Part 3 |
DLM5189002 | 2013 | Auctioneers Amendment Act 2013 | 1: Title
This Act is the Auctioneers Amendment Act 2013.
2: Commencement
This Act comes into force on 1 July 2013
3: Principal Act
This Act amends the Auctioneers Act 1928 principal Act 2013-07-01 Auctioneers Act 1928
4: Section 38 amended (Misappropriation, theft, falsifying accounts)
In section 38 commits a crime and |
DLM5195801 | 2013 | Customs and Excise (Budget Measures—Motor Spirits) Amendment Act 2013 | 1: Title
This Act is the Customs and Excise (Budget Measures—Motor Spirits) Amendment Act 2013.
2: Commencement
This Act comes into force on 1 July 2013.
1: Amendments to Customs and Excise Act 1996
3: Principal Act
This Part amends the Customs and Excise Act 1996 principal Act 2013-07-01 Customs and Excise Act 1996 Sections 4,5
4: New section 79AC inserted (Rates of duties on motor spirits increased by 3 cents on 1 July in 2013, 2014, and 2015)
1: After section 79AB
79AC: Rates of duties on motor spirits increased by 3 cents on 1 July in 2013, 2014, and 2015
1: In accordance with section 76G(1), this section amends the Excise and Excise-equivalent Duties Table.
2: A rate in that Table is amended by this section only if the rate is one that is—
a: a rate of excise duty or excise-equivalent duty on motor spirits (as defined in subsection (4)
b: a rate of that kind expressed either as a rate per l per l ms
c: not a component of a rate of that kind that is a component expressed as plus a stated amount per g of Pb
d: in force immediately before 1 July in 2013, 2014, or 2015.
3: The rate is on that date replaced with a new rate calculated by adding to the rate the amount of 3 cents.
4: Motor spirits
2: Section 79AC 2015-07-01 Customs and Excise Act 1996 Section 79AC of the principal Act (as inserted by subsection (1)) is repealed on 1 July 2015 (but without affecting any amendments it makes before or on that date).
5: Section 79A amended (Power to alter rates of excise duty and excise-equivalent duty on motor spirits by Order in Council)
In section 79A(1) the current rates any current rates
2: Consequential amendments
6: Principal regulations
This Part amends the Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Regulations 2004 principal regulations 2013-07-01 Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Regulations 2004 Section 7
7: New regulation 6A inserted (Rates of refunds in respect of motor spirits increased by 3.45 cents on 1 July in 2013, 2014, and 2015)
1: After regulation 6
6A: Rates of refunds in respect of motor spirits increased by 3.45 cents on 1 July in 2013, 2014, and 2015
1: A rate is amended by this regulation only if the rate is one that is—
a: a rate of refunds of excise duty, excise-equivalent duty, and goods and services tax to which persons are entitled under regulation 5 in respect of motor spirits; and
b: a rate that is specified in regulation 6(a), and that is expressed in cents per litre; and
c: in force immediately before 1 July in 2013, 2014, or 2015.
2: The rate is on that date replaced with a new rate calculated by adding to the rate the amount of 3.45 cents.
2: Regulation 6A 2015-07-01 Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Regulations 2004 Regulation 6A of the principal regulations (as inserted by subsection (1)) is revoked on 1 July 2015 (but without affecting any amendments it makes before or on that date). |
DLM4662100 | 2013 | Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Amendment Act 2013 | 1: Title
This Act is the Māori Television Service (Te Aratuku Whakaata Irirangi Māori) 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 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 principal Act 2013-11-28 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003
1: Amendments to main provisions
4: Section 3 amended (Purpose)
1: In section 3(b) ngā tikanga Māori ōna tikanga
2: Replace section 3(c)
c: the transfer of spectrum management rights to Te Pūtahi Paoho:
ca: the management of the transferred spectrum management rights and related spectrum licences in a manner that ensures that the Service has the opportunity to establish a free-to-air digital terrestrial television network for the purpose of performing its functions: .
5: Section 5 amended (Outline of Act)
1: In section 5(3) 4 subparts 5 subparts
2: In section 5(3)(b) ngā tikanga Māori ōna tikanga
3: After section 5(3)(b)
ba: subpart 2A
i: the transfer of the spectrum management rights by the Crown to Te Pūtahi Paoho; and
ii: the use and exercise of those rights; and
iii: the issuing of spectrum licences to the Service for the purpose of establishing a digital terrestrial television network to protect and promote te reo Māori me ōna tikanga; and
iv: the issuing of spectrum licences to licensees other than the Service: .
6: Section 6 amended (Interpretation)
In section 6 broadcasting broadcast delivery platform digital terrestrial television network ōna tikanga .
7: Section 8 replaced (Functions of Service)
Replace section 8
8: Functions of Service
1: The principal function of the Service is to contribute to the protection and promotion of te reo Māori me ōna tikanga through the provision, in te reo Māori and English, of a high-quality, cost-effective television service that informs, educates, and entertains viewers, and enriches New Zealand's society, culture, and heritage.
2: The Service must also—
a: ensure that during prime time it broadcasts mainly in te reo Māori; and
b: ensure that at other times it broadcasts a substantial proportion of its programmes in te reo Māori; and
c: ensure that, in its programming, the Service has regard to the needs and preferences of—
i: young people; and
ii: children participating in te reo Māori immersion education; and
iii: all persons learning te reo Māori; and
iv: persons whose first language is te reo Māori and persons with a high level of proficiency in te reo Māori; and
d: provide broadcast services that are technically available throughout New Zealand and practicably accessible to as many people as is reasonably possible.
3: The Service may undertake other functions that contribute to the protection and promotion of te reo Māori.
4: In performing its functions, the Service may provide a range of content and services on a choice of delivery platforms.
8: Section 15 amended (Functions of Te Pūtahi Paoho)
Replace section 15(e)
e: to safeguard the UHF right in accordance with section 23; and
f: to manage spectrum management rights in accordance with subpart 2A
9: New section 20A inserted (Expiry of subpart 2)
In Part 2
20A: Expiry of subpart 2
This subpart expires and is repealed at the close of 30 November 2013.
10: New subpart 2A inserted
After section 24
2A: Provisions relating to spectrum management rights
Transfer of spectrum management rights to Te Pūtahi Paoho
24A: Interpretation
In this subpart, unless the context otherwise requires,— manager Secretary for Radiocommunications spectrum licence spectrum management rights section 24B(1)(a)
24B: Transfer of spectrum management rights
1: Before 1 December 2013, the responsible Ministers must—
a: direct the Secretary for Radiocommunications to, and the Secretary must, transfer from the Crown to Te Pūtahi Paoho management rights to two 8 MHz ultra high frequency ranges, within the limits of 502 to 694 MHz, for the period from 1 December 2013 to 30 November 2033; and
b: execute a deed setting out the terms and conditions under which Te Pūtahi Paoho must exercise the spectrum management rights.
2: The deed may be modified by written agreement between the responsible Ministers, on behalf of the Crown, and Te Pūtahi Paoho.
3: The responsible Ministers must consult the Minister responsible for the administration of the Radiocommunications Act 1989 before—
a: executing the deed under subsection (1)(b)
b: modifying the deed under subsection (2)
4: The deed may, by agreement, provide that if Te Pūtahi Paoho breaches 1 or more specified terms or conditions (a serious breach), the responsible Ministers may require Te Pūtahi Paoho to transfer the spectrum management rights to the Crown, and in such a case Te Pūtahi Paoho must transfer the spectrum management rights as required by the responsible Ministers.
24C: Aggregation of management rights
1: This section applies if—
a: the Secretary for Radiocommunications has filed a notice of transfer under the Radiocommunications Act 1989 directing the Registrar or Deputy Registrar of Radio Frequencies to transfer the rights referred to in section 24B(1)(a)
b: those rights consist of successive records of management rights.
2: The Registrar or Deputy Registrar of Radio Frequencies must aggregate those rights, on the application of the Secretary for Radiocommunications, if—
a: the records of management rights have—
i: the same power floors; and
ii: the same protection limits; and
iii: the same adjacent frequencies emission limits; and
iv: the same conditions applying to spectrum licences created in relation to those records; and
b: the commencement date of the successive record or records is no more than 1 day after the expiry date of the preceding record or records.
3: In subsection (2) adjacent frequencies emission limit power floor protection limit record of management rights 1989 No 148 s 47A
24D: Management of spectrum management rights
1: The manager must manage the spectrum management rights in a manner that enables the Service to perform its functions.
2: A manager may only transfer or mortgage the whole or any part of the spectrum management rights with the agreement of the responsible Ministers (which may be subject to any conditions that the responsible Ministers consider appropriate).
24E: Resolution of disagreement between responsible Ministers and Te Pūtahi Paoho
1: If the responsible Ministers and Te Pūtahi Paoho are unable to agree on any matter for which their joint agreement is required under the deed required by section 24B(1)
2: Clauses 15 to 20 of Schedule 1 apply to any mediation commenced under this section.
24F: Issue of spectrum licences to Service
1: As soon as practicable after the transfer of spectrum management rights under section 24B(1)(a)
a: request that the manager issue 1 or more spectrum licences to the Service; or
b: notify the manager that it does not wish to have spectrum licences issued to it.
2: The manager must grant spectrum licences for the Service—
a: as soon as practicable after a request is made by the Service:
b: for the maximum period (until the expiry date of the spectrum management rights), unless the Service specifies otherwise.
3: The manager—
a: must not charge the Service for—
i: the grant of a spectrum licence for the Service; or
ii: the transfer of a spectrum licence to the Service; but
b: may charge the Service an administrative fee to cover the cost of granting a spectrum licence for, or transferring a spectrum licence to, the Service.
24G: Issue of spectrum licences generally
1: The manager must not grant a spectrum licence in favour of a person other than the Service unless—
a: the manager has offered to grant a spectrum licence on the same terms in favour of the Service; and
b: the Service has declined the offer; and
c: the responsible Ministers have agreed to the grant.
2: When the manager grants a spectrum licence, the manager must, in accordance with section 49(1)(g) of the Radiocommunications Act 1989, specify that the licence may only be transferred to another person with the consent of the manager.
3: The manager must not consent to the transfer of a spectrum licence to a person other than the Service unless—
a: the Service has been offered the spectrum licence; and
b: the Service has declined the offer; and
c: the responsible Ministers have agreed to the transfer.
4: If the manager is the holder of a spectrum licence, the manager must not transfer the licence to a person other than the Service unless—
a: the manager has offered to transfer the licence to the Service; and
b: the Service has declined the offer; and
c: the responsible Ministers have agreed to the transfer.
5: In giving consent under subsection (1)(c), (3)(c), or (4)(c)
24H: Use of spectrum licences and income from spectrum licences
1: The Service must use any spectrum licences that it holds under this subpart for the purpose of establishing a digital terrestrial television network to be used to—
a: protect and promote te reo Māori me ōna tikanga; and
b: broadcast the Service's programmes.
2: Revenue or benefits in kind received by the manager from any other spectrum licence granted under this subpart must be used for purposes consistent with the protection and promotion of te reo Māori me ōna tikanga.
11: Section 29 amended (Contents of statement of intent)
1: In section 29(1)(g) particular various
2: Replace section 29(1)(k)
k: the strategies proposed by the Service for language quality assurance:
l: the anticipated annual content to be broadcast in te reo Māori during prime time and other times:
m: details of the Service's plan for the development of te reo Māori:
n: any other proposed operating policies.
3: After section 29(2)(b)(iii)
iiia: a statement of borrowings or financial leases, or similar liabilities; and .
12: Section 41 amended (Contents of annual report)
Replace section 41(2)(h)
h: details of any indemnity provided by the Service, during the financial year, to any member, office holder, or employee; and
i: details of any insurance cover effected by the Service during the financial year in respect of the liability or costs of any member, office holder, or employee; and
j: any direction given in writing to the Service by a responsible Minister under any enactment during the financial year; and
k: any direction given to the Service in writing by the chairperson of Te Pūtahi Paoho under this Act during the financial year; and
l: details of any act by the Service—
i: that is an act that a natural person of full age and capacity can do and is done contrary to, or outside the authority of, any Act or done otherwise than for the purpose of performing the Service's functions; and
ii: for which a person dealing with the Service takes actions to enforce; and
m: any other information that the board considers necessary to enable an informed assessment of the performance of the Service for that financial year.
13: Section 56 replaced (Review of Act)
Replace section 56
56: Review of Act
1: The responsible Ministers may, from time to time, review the operation and effectiveness of this Act in accordance with the terms of reference set by the responsible Ministers.
2: Prior to commencing a review under subsection (1)
3: A review under subsection (1)
4: The responsible Ministers must—
a: prepare a report on any review commenced under subsection (1)
b: present the report to the House of Representatives within 18 months after the commencement of the review.
2: Amendments to Schedules 1 and 2
1: Amendments to Schedule 1
14: Purpose of this subpart
This subpart amends Schedule 1
15: Clause 4 amended (Meetings)
After clause 4(2)
2A: Notice of a meeting may be given by post, personal delivery, or electronic communication.
16: Clause 5 amended (Teleconference meetings)
Replace clause 5(1)
1: A meeting may be conducted by means of audio, audio and visual, or electronic communication, provided that—
a: all of the members who wish to participate in the meeting have access to the technology necessary to participate in the meeting; and
b: a quorum of members can simultaneously communicate with each other throughout the meeting.
17: Clause 8 amended (Voting)
Replace clause 8(4)
4: A resolution signed or assented to in writing by all members (whether sent by post, personal delivery, or electronic communication) is as valid and effectual as if it had been passed at a meeting of the board duly called and constituted.
5: The resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more members.
2: Amendments to Schedule 2
18: Purpose of this subpart
This subpart amends Schedule 2
19: Clause 4 amended (Method of appointment of directors of board)
In clause 4(4)(a)(i) interests (including monetary value, if quantifiable)
20: Clause 6 replaced (Meaning of interested)
Replace clause 6
6: Meaning of interested
1: A director is interested
a: may derive a financial benefit from the transaction or matter; or
b: is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the transaction or matter; or
c: may have a financial interest in a person to whom the transaction or matter relates; or
d: is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the transaction or matter relates; or
e: is interested in the transaction or matter because this Act so provides; or
f: is otherwise directly or indirectly interested in the transaction or matter.
2: However, a director is not interested in a transaction or matter—
a: just because he or she is a member or an officer of a wholly owned subsidiary of the Service or of a subsidiary that is owned by the Service together with any Crown entity or entities; or
b: because he or she receives an indemnity, insurance cover, remuneration, or other benefits authorised under any Act; or
c: if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence him or her in carrying out his or her responsibilities under any Act; or
d: if this Act otherwise provides that he or she is not interested.
3: In this clause, matter
a: the Service's performance of its functions or exercise of its powers; or
b: a negotiation, arrangement, agreement, or contract made or entered into, or proposed to be made or entered into, by the Service.
21: Clause 8 replaced (Method of disclosure)
Replace clause 8
8: Method of disclosure
1: A director required to disclose an interest under clause 7 must—
a: make the disclosure—
i: to the chairperson of the board; or
ii: if the director is the chairperson, to the responsible Ministers and the chairperson of Te Pūtahi Paoho; and
b: ensure that the interest is entered in the interests register.
2: The chairperson of the board must ensure that an interests register is established and maintained for the purpose of subclause (1)(b)
22: Clause 9 amended (Consequences of interest)
1: In clause 9(b) is made. is made; and
2: After clause 9(b)
c: must not sign any document effecting, or relating to, entry into the transaction or the initiation of the matter.
23: Clause 11 amended (Removal from office)
After clause 11(1)
1A: A copy of the notice must be provided to the Service.
24: Clause 12 amended (Resignation)
1: In clause 12(1) , as the case may be
2: Replace clause 12(2)
2: A copy of the notice must be provided to—
a: the Service; and
b: the responsible Ministers, if the notice was given to Te Pūtahi Paoho; and
c: Te Pūtahi Paoho, if the notice was given to the responsible Ministers.
25: New clause 20A inserted (Unanimous written resolutions)
After clause 20
20A: Unanimous written resolutions
1: A resolution signed or assented to by all members in writing (whether sent by post, personal delivery, or electronic communication) is as valid and effectual as if it had been passed at a meeting of the board duly called and constituted.
2: The resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more members.
26: Clause 24 amended (Immunity of directors and employees)
In clause 24(1)(b)
a: after by him or her in good faith
b: delete , unless done in bad faith
27: Clause 25 replaced (Indemnity for directors and employees)
Replace clause 25
25: Indemnities for directors and employees
The Service may indemnify a director or an employee for costs incurred in defending or settling any claim or proceedings relating to acts or omissions by the director or employee done, or omitted to be done, in good faith in—
a: the performance or intended performance of the Service's functions or duties; or
b: the exercise or intended exercise of the Service's powers. 2004 No 115 s 122; 1993 No 105 s 162 .
28: New clauses 25A and 25B inserted
After clause 25
25A: Insurance for liability of director
1: The Service may, directly or indirectly, pay the costs of insurance for a director in relation to his or her acts done, or omitted to be done, in good faith in—
a: the performance or intended performance of the Service's functions or duties; or
b: the exercise or intended exercise of the Service's powers.
2: The Service must not pay the costs of insurance for acts or omissions that are—
a: done, or omitted to be done, in bad faith; or
b: not related to the performance or intended performance of the Service's functions or the exercise or intended exercise of the Service's powers.
25B: Saving of judicial protections from liability
A Judge who is appointed as a director has the same immunities and limitations or other protections from liability when acting as a director as he or she would have as a Judge.
29: Clause 26 amended (Ability to delegate)
1: Replace clause 26(1)
1: The board may, by resolution and written notice to the relevant person or persons, delegate any of the functions, powers, or duties of the board or the Service, either generally or specifically, to any of the following:
a: a director:
b: the chief executive, an employee, or an office holder of the Service:
c: a committee established by resolution of the board:
d: any other person approved by a responsible Minister:
e: any combination of persons listed in paragraphs (a) to (d)
2: After clause 26(4)(d)
da: any other function or power that this Act does not allow to be delegated; or .
30: Clause 27 amended (Effect of delegation)
Replace clause 27(2)(a)
a: may be revoked—
i: at will by resolution of the board, with written notice to the delegate; or
ii: by any other method provided for in the delegation: .
31: Clause 33 amended (Restrictions on borrowing)
In clause 33
2: However, the Service may, without the prior approval of the responsible Ministers or the chairperson of Te Pūtahi Paoho, borrow, and have borrowings in total of, an amount equivalent to no more than 5% of its net tangible assets.
3: In subclause (2) net tangible assets
32: Clause 41 amended (Personnel policy)
After clause 41(b)
ba: make that policy available to its employees; and .
33: Clause 42 amended (Meaning of good employer)
In clause 42(1)(g) women and ethnic or minority groups |
DLM5496015 | 2013 | Intelligence and Security Committee Amendment Act 2013 | 1: Title
This Act is the Intelligence and Security Committee 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 Intelligence and Security Committee Act 1996 principal Act 2013-09-26 Intelligence and Security Committee Act 1996
4: Section 6 amended (Functions of Committee)
1: After section 6(1)(a)
ab: without limiting paragraph (a), to conduct an annual financial review of the performance of an intelligence and security agency in the previous financial year after the responsible Minister has submitted a copy of the agency's annual report to the Committee:
2: Replace section 6(1)(e)
e: subject to section 18,—
i: to present an annual report to the House of Representatives on the activities of the Committee; and
ii: to make an annual report publicly available on the Internet site of the New Zealand Parliament:
f: to consider and discuss with the Inspector-General of Intelligence and Security his or her annual report as presented to the House of Representatives under section 27(3) of the Inspector-General of Intelligence and Security Act 1996.
5: New section 7A inserted (Further provisions relating to chairperson and Leader of the Opposition)
After section 7
7A: Further provisions relating to chairperson and Leader of the Opposition
1: Subsection (2)
a: the Committee is, in the course of conducting a financial review of an intelligence and security agency, discussing any matter relating to the performance of the intelligence and security agency; and
b: the Prime Minister is the responsible Minister under the legislation governing the intelligence security agency.
2: If the Prime Minister is chairing the meeting of the Committee at which the matter is discussed,—
a: the Prime Minister must not act as chairperson of the Committee; and
b: another member of the Committee nominated by the Prime Minister, being one of the 2 members appointed under section 7(1)(c), must act as chairperson.
3: The chairperson of the Committee may appoint either of the following (if not already a member of the Committee) to be an alternate chairperson to act as chairperson at the discretion of the chairperson in the absence of the chairperson at a meeting of the Committee:
a: the Deputy Prime Minister:
b: the Attorney-General.
4: The Leader of the Opposition may appoint the person who acts as his or her deputy in the House of Representatives to act in place of the Leader of the Opposition in the absence of the Leader of the Opposition at a meeting of the Committee.
6: Section 12 amended (Conduct of proceedings)
After section 12(2)
2A: However, subsection (2) does not apply when the Committee is performing its function specified in section 6(1)(ab)
7: Section 13 amended (Meetings of Committee)
After section 13(6)
6A: Subsection (6) applies subject to section 7A
8: Section 18 amended (Restrictions on reports to House of Representatives)
In section 18(1) reporting presenting an annual report or other report
9: New sections 21 to 27 and cross-heading inserted
After section 20 Periodic reviews
21: Requirement to hold periodic reviews
A review of the intelligence and security agencies, the legislation governing them, and their oversight legislation must, in accordance with the terms of reference specified under section 22(3)(a)
a: commenced before 30 June 2015; and
b: afterwards, held at intervals not shorter than 5 years and not longer than 7 years.
22: Appointment of reviewers and related matters
1: A review under section 21 reviewers
2: The reviewers appointed under subsection (1)
3: The Attorney-General must also specify—
a: the terms of reference for the review, which may include any matter relevant to the functions, effectiveness, and efficiency of the intelligence and security agencies and their contribution to national security; and
b: any matters that he or she considers that the reviewers should take into account in determining how to conduct the review; and
c: the date by which the review is to be concluded.
4: Before doing anything under this section, the Attorney-General must consult the Committee.
5: The persons appointed as reviewers, the terms of reference of the review, any matters specified in relation to the conduct of the review, and the date by which the review must be concluded must be notified in the Gazette
23: Provision of information
To assist the reviewers to conduct their review,—
a: the reviewers may ask the chief executive of an intelligence and security agency and the Inspector-General of Intelligence and Security to provide information; and
b: the chief executive of an intelligence and security agency or the Inspector-General of Intelligence and Security may provide information to the reviewers, whether in response to a request under paragraph (a)
24: Report of reviewers
1: After completing a review, the reviewers must prepare a report containing the results of their review.
2: The report must be provided to the Committee by the date specified for the completion of the review.
3: After the Committee has considered the report, the Committee must present the report to the House of Representatives.
4: For the purposes of subsection (3)
25: Remuneration of reviewers
1: A reviewer is entitled—
a: to receive remuneration not within paragraph (b)
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a reviewer.
2: For the purposes of subsection (1) fees framework
26: Provision of administrative and other support
1: The Ministry of Justice is responsible for providing to the reviewers the administrative, secretarial, and other support necessary for the reviewers to conduct their review effectively and efficiently.
2: A person providing administrative, secretarial, or other support under subsection (1)
27: Reviewers to determine own procedure
The reviewers may determine their own procedure subject to any matters specified under section 22(3)(b) |
DLM5627700 | 2013 | Statistics Amendment Act 2013 | 1: Title
This Act is the Statistics 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 Statistics Act 1975 principal Act 2013-12-05 Statistics Act 1975
4: New section 33A inserted (Waiver of obligation to answer questions)
After section 33
33A: Waiver of obligation to answer questions
1: This section applies to the collection of statistics by the statistician under this Part or under an agreement made by the statistician under section 9.
2: The statistician may waive the application of all or any of sections 31, 32, and 33 to the collection of particular statistics if satisfied that—
a: special circumstances of sensitivity apply to some of the questions asked and it is inappropriate to compel answers to those particular questions; and
b: the information is being collected to enable the production of official statistics of any or all of the kinds described in section 4(a), (b), (d), and (i); and
c: the statistical validity of the information being collected will not be unduly compromised.
3: To avoid doubt, if the statistician has granted a waiver under subsection (2) |
DLM4454102 | 2013 | Bail Amendment Act 2013 | 1: Title
This Act is the Bail 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 Bail Act 2000 principal Act 2013-09-04 Bail Act 2000
1: Amendments to principal Act
4: Section 3 amended (Interpretation)
1: In section 3 Class A controlled drug Class B controlled drug court Police bail section 21(1) Police employee working day .
2: In section 3 drug dealing offence drug dealing offence
a: any offence against section 6 or 12C(1)(a) of the Misuse of Drugs Act 1975 in relation to a Class A controlled drug or a Class B controlled drug; or
b: an attempt to commit an offence referred to in paragraph (a) .
3: In section 3 electronic monitoring address EM address electronic monitoring assessor EM assessor section 30E electronic monitoring condition EM condition section 30B relevant occupant
a: in relation to an EM address that is a family residence, every person of or over the age of 16 years who ordinarily lives there; or
b: in relation to any other EM address, every person who the EM assessor identifies as being a relevant occupant for the purposes of section 30G temporary EM address section 30N .
5: Section 7 amended (Rules as to granting bail)
Repeal section 7(3)
6: Section 8 amended (Consideration of just cause for continued detention)
After section 8(4)
4A: When considering an application for bail, the court must not take into account the fact that the defendant has provided, or may provide, information relating to the investigation or prosecution of any offence, including any offence committed or alleged to have been committed by the defendant.
4B: However, despite subsection (4A)
7: New section 9A inserted (Restriction on bail if defendant charged with murder)
After section 9
9A: Restriction on bail if defendant charged with murder
1: This section applies to a defendant of or over the age of 17 years who is charged with murder under section 167 or 168 of the Crimes Act 1961
2: No defendant to whom this section applies may be granted bail or allowed to go at large except by order of a High Court Judge or a District Court Judge.
3: No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.
4: In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (3)
5: In deciding whether or not to grant bail to a defendant to whom this section applies or to allow the defendant to go at large, the need to protect the safety of the public and, where appropriate, the need to protect the safety of any particular person or persons are the primary considerations.
8: Section 10 amended (Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence)
Replace section 10(2)
2: In this section, specified offence
a: section 128B (sexual violation):
b: section 132 (sexual conduct with child under 12):
c: section 134 (sexual conduct with young person under 16):
d: section 167 (murder):
e: section 168 (murder):
f: section 171 (manslaughter):
g: section 173 (attempt to murder):
h: section 188 (wounding with intent):
i: section 189 (injuring with intent):
j: section 191 (aggravated wounding or injury):
k: section 198A (using any firearm against law enforcement officer, etc):
l: section 198B (commission of crime with firearm):
m: section 208 (abduction for purposes of marriage or sexual connection):
n: section 209 (kidnapping):
o: section 232 (aggravated burglary):
p: section 234 (robbery):
q: section 235 (aggravated robbery):
r: section 236 (assault with intent to rob).
9: Section 15 amended (Granting of bail to defendant under 20 years of age)
1: In the heading to section 15 under 20 who is 17
2: Replace section 15(1)
1: A court that remands a defendant at any stage of the proceedings for the offence with which the defendant is charged, including for sentence, must release the defendant on bail or otherwise subject to such conditions as it thinks fit if—
a: the defendant appears to the court to be 17 years of age; and
b: the defendant has not previously been sentenced to imprisonment.
3: In section 15(2)(a) and 17 to 17A
10: Section 16 replaced (Bail allowable for drug dealing offence only by order of Judge)
Replace section 16
16: Judge only may grant bail for drug dealing offence
A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a High Court Judge or District Court Judge but not otherwise.
11: Section 17 repealed (Bail for drug dealing offence may be continued or renewed by District Court)
Repeal section 17
12: New section 17A inserted (Restriction on bail if defendant charged with serious Class A drug offence)
After section 17
17A: Restriction on bail if defendant charged with serious Class A drug offence
1: This section applies to a defendant of or over the age of 17 years who is charged with a serious Class A drug offence.
2: No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.
3: In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (2)
4: In this section, serious Class A drug offence
a: an offence under section 6 or 12C(1)(a) of the Misuse of Drugs Act 1975
b: an attempt to commit an offence in paragraph (a)
13: Sections 21 and 22 replaced
Replace sections 21 22
21: Police employee may grant bail
1: Any Police employee may, if he or she considers it prudent to do so, grant bail ( Police bail
2: Subsection (1) 9A 16 17A
3: In determining whether it is prudent to grant Police bail to a defendant charged with an offence against section 49 of the Domestic Violence Act 1995, the Police employee must make the need to protect the victim of the alleged offence the paramount consideration.
4: Despite section 7, no person is entitled to be granted Police bail under this section as of right.
21A: Notice of Police bail
1: A Police employee who grants Police bail must ensure that a notice of Police bail is completed in accordance with subsection (2)
2: A notice of Police bail must—
a: state—
i: the defendant's full name and address; and
ii: the particulars of the charge; and
iii: the conditions of bail, including the time, date, and place for attendance by the defendant before a court; and
iv: any other information required by rules made under section 386 of the Criminal Procedure Act 2011
b: be dated.
3: A Police employee who grants Police bail must—
a: give the notice of Police bail to the defendant; and
b: ensure that the defendant understands the conditions of bail; and
c: ensure that the defendant authenticates the notice.
4: The date for attendance by the defendant before a court must not be later than 14 days from the date of the notice.
21B: Conditions of Police bail
1: It is a condition of every grant of Police bail that the defendant must attend personally before a court at the time, date, and place specified in the notice of bail.
2: A Police employee who grants Police bail may impose, in addition to the condition imposed by subsection (1) section 30(2) (4)
3: However, subsection (2)
a: the time stated in the notice of Police bail for the appearance by the defendant before a court is less than 7 days from the date of that notice; or
b: the court that the defendant must attend will be closed for more than 7 consecutive days after the date of the defendant's arrest.
22: Conditions of Police bail granted to defendant charged with domestic violence offence
1: In addition to the condition or conditions imposed under section 21B
a: the victim of the alleged offence; and
b: any particular person residing with the victim.
2: In this section,— domestic relationship section 4 of the Domestic Violence Act 1995 domestic violence offence violence section 3(2), (4), and (5) of the Domestic Violence Act 1995
14: Section 24 replaced (Failure to answer Police bail)
Replace section 24
24: Failure to answer Police bail
1: A defendant commits an offence if he or she, having been released on Police bail under section 21
a: fails without reasonable excuse to attend personally at the time and the court specified in the notice of Police bail; or
b: fails without reasonable excuse to attend personally at the time and place to which the hearing has been adjourned under section 167(2) of the Criminal Procedure Act 2011.
2: A person who commits an offence under subsection (1)
a: imprisonment for a term not exceeding 3 months; or
b: a fine not exceeding $1,000.
15: Section 25 repealed (Effect on bond of attendance or non-attendance of person bailed by constable)
Repeal section 25
16: Section 26 replaced (Breach of condition of Police bail)
Replace section 26
26: Breach of condition of Police bail
Sections 39, 51, and 52 apply, with any necessary modifications, to a defendant who has been released on Police bail granted under section 21
17: Section 28 amended (Warrant for detention of defendant remanded on bail)
1: In section 28(a) under the Criminal Procedure Act 2011
2: In section 28(b) the back of
18: Section 30 amended (Conditions of bail)
Replace section 30(2)
2: A judicial officer or Registrar may impose, as further conditions of the defendant's release,—
a: an EM condition:
b: a condition that the defendant report to the Police at the time or times and at the place or places that the judicial officer or Registrar orders.
2A: However, a Registrar must not impose an EM condition under subsection (2)(a)
19: New sections 30A to 30R and cross-heading inserted
After section 30 Electronic monitoring condition
30A: Purpose of EM condition
The purpose of an EM condition is to restrict and monitor a defendant's movements to ensure that the defendant—
a: appears in court on the date to which the defendant has been remanded; and
b: does not interfere with any witnesses or any evidence against the defendant; and
c: does not commit any offence while on bail.
30B: When court may grant bail with EM condition
1: A court may grant bail with an EM condition if the defendant—
a: is eligible for bail with an EM condition; and
b: the court has satisfied itself as to the matters set out in section 30I
2: A defendant is eligible for bail with an EM condition if the defendant—
a: is in custody on remand, including if he or she has consented to being remanded in custody; and
b: is not liable to be detained in custody under any other sentence or order; and
c: if bail with an EM condition is granted, is likely to be on bail with an EM condition for not less than 14 days.
3: Nothing in this section limits the discretion of a court to remand the defendant in custody if there is just cause for continued detention.
4: For the purposes of the grant of bail with an EM condition, court
30C: Court must not grant bail with EM condition if less restrictive bail conditions suffice
A court must not grant bail with an EM condition if the court considers that a less restrictive condition or combination of conditions would be sufficient to ensure the outcomes set out in section 30A(a) to (c)
30D: Application for bail with EM condition
1: An application for bail with an EM condition must be in a form approved and issued under subsection (4)
2: On receiving the application, the Registrar must set the matter down for a hearing and notify the defendant, the Police, and the prosecuting agency (if not the Police) of the date, time, and place of the hearing.
3: The defendant must, as soon as practicable after receiving a notice of the hearing, serve a copy of the application on—
a: the Police; and
b: the prosecuting agency (if not the Police).
4: The chief executive of the Ministry of Justice must approve and publish a form for an application for bail with an EM condition.
30E: Responsibility for management of EM bail
1: The Minister of Justice, in consultation with the Minister of Police and the Minister of Corrections, may, by notice in writing, nominate 1 or both of the following as the person or persons responsible for the management of EM bail:
a: the Commissioner of Police:
b: the chief executive of the Department of Corrections.
2: The person or persons nominated under subsection (1)
3: The Minister of Justice may make a nomination under subsection (1)
30F: EM reports
1: If a defendant applies under section 30D
2: The purpose of an EM report is to assist the court hearing the application in determining whether an EM condition is practicable and appropriate.
3: An EM report must address all of the following matters:
a: whether an EM condition is appropriate:
b: whether an EM condition is practicable at the proposed EM address, including whether the monitoring equipment will function adequately at that address:
c: whether the proposed EM address is appropriate for electronic monitoring of the defendant, including whether there is any evidence of violence between—
i: the defendant and any occupant of the premises at that address; and
ii: the defendant and any person who may reasonably be expected to visit those premises:
d: whether every relevant occupant of the premises at the proposed EM address has consented, in accordance with section 30G(2)
e: if the defendant has been charged with an offence of a kind referred to in section 29 of the Victims' Rights Act 2002, the views of the following persons as to the appropriateness of bail with an EM condition:
i: any victim of the alleged offence; and
ii: a parent or legal guardian of a victim of the alleged offence.
4: An EM report may address any of the following matters:
a: the defendant's personal circumstances, including employment, training, and childcare commitments:
b: recommendations for other bail conditions:
c: the response of the prosecuting agency to the application, including any reasons for opposing it:
d: any other matter that the EM assessor considers to be relevant to the decision whether or not to grant a defendant bail with an EM condition.
30G: EM assessor must ascertain whether relevant occupants consent to defendant remaining at EM address
1: In preparing an EM report in relation to an application under section 30D subsection (2)
2: Before ascertaining whether or not a relevant occupant consents, the EM assessor must—
a: ensure that the occupant—
i: is aware of the nature of the charges faced by the defendant; and
ii: is aware of the nature of any past offending by the defendant; and
iii: is aware of and understands the effects of an EM condition; and
b: inform the occupant that the information in paragraph (a)
c: inform the occupant that the information in paragraph (a) paragraph (b)
d: inform the occupant that consent to the defendant remaining at the EM address while on bail with an EM condition can be withdrawn at any time and inform the occupant how he or she may withdraw his or her consent.
30H: Use of information obtained for EM report
1: The uses to which information obtained for the purpose of preparing an EM report under section 30F
a: use in the determination of the application to which the report relates:
b: use in the preparation of a pre-sentence report under section 26 of the Sentencing Act 2002 in relation to the defendant:
c: any other use to which the defendant has consented.
2: EM information may not be used except in accordance with subsection (1)
30I: Court must be satisfied as to certain matters before granting bail with EM condition
1: The court hearing an application made under section 30D
a: the defendant has been made aware of and understands his or her obligations under the EM condition; and
b: the defendant agrees to comply with the requirements of the EM condition; and
c: it is practicable for the defendant to remain at the proposed EM address on bail with an EM condition; and
d: the proposed EM address is appropriate for the purpose of bail with an EM condition; and
e: every relevant occupant of the proposed EM address has consented to the defendant remaining at the proposed EM address while on bail with an EM condition; and
f: in each case the consent of the relevant occupant has been obtained after the steps set out in section 30G(2)
2: In considering whether to grant bail with an EM condition, the court—
a: must consider the EM report or previous EM report referred to in section 30F(1)
b: in particular, must have regard to any evidence of violence between the defendant and any occupant of the proposed EM address; and
c: may have regard to any other relevant information.
30J: Court must specify EM address
In granting bail with an EM condition, a court must specify the EM address.
30K: EM assessor must define area of EM address to which defendant is confined
1: An EM assessor must define the area of an EM address to which a defendant on bail with an EM condition is confined.
2: An EM assessor who defines the area of an EM address under subsection (1)
a: show the area to the defendant; and
b: advise the relevant occupants of the area.
30L: Defendant's obligations under EM condition
1: A defendant who is on bail with an EM condition must—
a: submit to the electronic monitoring of his or her compliance with the restrictions placed on his or her movements under paragraphs (b) and (c)
b: not leave the EM address at any time except—
i: as authorised under section 30M
ii: to attend his or her scheduled court appearances; or
iii: to seek urgent medical or dental treatment; or
iv: to avoid or minimise a serious risk of death or injury to the defendant or any other person; or
v: to surrender himself or herself to Police custody; and
c: remain in the area of the EM address that has been defined by an EM assessor under section 30K paragraph (b)(i) to (v)
d: co-operate with, and comply with any lawful direction given by, an EM assessor; and
e: present himself or herself at the door of the EM address when required to do so by any member of the Police or an EM assessor; and
f: keep the notice of bail in his or her possession at the EM address and present it when required to do so by any member of the Police; and
g: allow an EM assessor access to the EM address for the purpose of speaking to another occupant of the EM address at the request of that occupant; and
h: not tamper with or damage the electronic monitoring equipment or do anything with the intention of interfering with the functioning of that equipment.
2: A breach by a defendant of an obligation under subsection (1)
30M: Authorised absence from EM address
1: A court may, when granting bail with an EM condition, authorise the defendant to be absent from the EM address.
2: However, a Registrar may authorise a defendant to be absent from the EM address only if the prosecution agrees to that authorisation.
3: In authorising a defendant to be absent from the EM address, the court must specify—
a: the time or times during which the defendant may be absent; and
b: the purpose or purposes for which the defendant may be absent.
30N: EM assessor may approve temporary EM address
1: If the EM address becomes unsuitable or unavailable through a change of circumstances (including the withdrawal of consent of a relevant occupant),—
a: an EM assessor may approve a temporary EM address; and
b: within 5 working days after approving a temporary EM address, the EM assessor must make an application under section 33(1)(b) or 34(1)(b)
2: Subsection (1)(b) section 33(1)(a) or 34(1)(a)
3: The defendant must remain at the temporary EM address pending the determination of the application for variation, and section 30L(1)(b) to (g), and (2)
4: If, in the opinion of the EM assessor, there is no suitable temporary EM address available, the EM assessor must notify the Police and the defendant without delay, and the defendant must surrender himself or herself to Police custody.
30O: Use of information obtained from electronic monitoring
Information that is obtained from the electronic monitoring of a defendant on bail with an EM condition may be used for the purpose set out in section 30A
a: verifying compliance by the defendant with bail conditions:
b: detecting non-compliance by the defendant with bail conditions and providing evidence of that non-compliance:
c: detecting the commission by the defendant of an offence and providing evidence of that offence:
d: verifying that the defendant has not tampered with or otherwise interfered with the electronic monitoring equipment.
30P: Court may remand defendant in custody pending installation of electronic monitoring equipment, etc
A court that grants bail with an EM condition may postpone the commencement of the bail and remand the defendant in custody for a period reasonably necessary for—
a: the installation of electronic monitoring equipment at the EM address:
b: the making of any other arrangement to enable the defendant to comply with the EM condition.
30Q: Defendant on bail with EM condition not in custody
A defendant on bail with an EM condition is not in custody.
30R: Bail with EM condition does not affect entitlements under Social Security Act 1964
The fact that a defendant is on bail with an EM condition does not, of itself, affect any entitlement the defendant may have under the Social Security Act 1964.
30S: Subsequent application for bail with EM condition
Nothing in this Act prevents a defendant, who has previously applied for bail without an EM condition and been refused, from subsequently applying for bail with an EM condition on the same charges.
20: Section 31 amended (Release of defendant granted bail)
1: After section 31(1)
1A: If electronic monitoring is a condition of bail, the notice of bail must—
a: state the EM address; and
b: list the defendant's obligations, set out in section 30L
2: In section 31(2)(c) sign authenticate
3: In section 31(3)(a) signed authenticated
4: In section 31(3)(b) sign authenticate
5: In section 31(4) signed authenticated
21: Section 32 repealed (Warrant of deliverance)
Repeal section 32
22: Section 33 amended (Variation of conditions of bail imposed by District Court)
1: In the heading to section 33 imposed by the in
2: Replace section 33(1)
1: If the proceeding for the offence with which the defendant has been charged is in a District Court, the court may,—
a: on the application of the defendant or the prosecutor, make an order varying or revoking any condition of bail or substituting any other condition of bail; and
b: on the application of an EM assessor, make an order varying the EM address.
3: After section 33(1)
1A: However, in the case of the variation of an EM condition, the court may only make the following orders under subsection (1)(a)
a: an order authorising absence from the EM address:
b: an order varying or revoking any existing authorisation of absence from the EM address:
c: an order varying the EM address.
1B: If the court makes an order under subsection (1) in relation to an EM condition, sections 30A to 30S
4: In section 33(2 another District Court or
5: In section 33(4) District Court court
6: In section 33(5)(a)(iii) sign authenticate
7: In section 33(6) sign authenticate
23: Section 34 amended (Variation of conditions of bail imposed by High Court)
1: Replace the heading to section 34 Variation of conditions of bail in High Court, Court of Appeal, or Supreme Court
2: Replace section 34(1)
1: Subject to subsection (3), if a defendant is granted bail in any proceeding to which section 33(1) does not apply, a High Court Judge may,—
a: on the application of the prosecutor or the defendant, make an order varying or revoking any condition of bail or substituting or imposing any other condition of bail; and
b: on the application of an EM assessor, make an order varying the EM address.
3: After section 34(1)
1A: However, in the case of the variation of an EM condition, a High Court Judge may only make the following orders under subsection (1)(a)
a: an order authorising absence from the EM address:
b: an order varying or revoking any existing authorisation of absence from the EM address:
c: an order varying the EM address.
1B: If a High Court Judge makes an order under subsection (1), in relation to an EM condition, sections 30A to 30S
4: Replace section 34(2)
2: Subject to subsection (3), if a court or Registrar has, in granting bail to a defendant, imposed the condition that the defendant report to the Police at such times and at such place or places as the court or Registrar orders, any Registrar may, on the application of the defendant, make an order varying the time or times or the place or places at which the defendant is required to report.
5: In section 34(4) High Court court
6: In section 34(4)(a)(iii) sign authenticate
24: New section 34A inserted (Surrender of defendant on bail with EM condition)
After section 34
34A: Surrender of defendant on bail with EM condition
1: A defendant on bail with an EM condition—
a: must surrender himself or herself to Police custody if, for any reason (including the withdrawal of the consent of a relevant occupant), he or she is unable to remain at the EM address and no suitable temporary EM address is available; and
b: may surrender himself or herself to Police custody pending determination of an application under section 33 or 34 to vary the EM address or revoke the EM condition.
2: The Police must bring a defendant on bail with an EM condition who surrenders himself or herself to Police custody before a judicial officer at the earliest opportunity.
3: If a defendant on bail with an EM condition who is under the age of 17 years surrenders himself or herself to Police custody, sections 234(c), 235, and 236 of the Children, Young Persons, and Their Families Act 1989 apply with any necessary modifications.
25: Section 35 amended (Defendant on bail may be arrested without warrant in certain circumstances)
1: In section 35(1) the Supreme Court or the Court of Appeal or the High Court or a District Court a court
2: Replace section 35(2)
2: A defendant who is arrested under subsection (1) must,—
a: if released on bail by a District Court, Registrar, or Police employee in relation to a category 1, 2, or 3 offence, be brought before a District Court as soon as possible, unless the Solicitor-General has assumed responsibility for the proceedings in accordance with section 187 of the Criminal Procedure Act 2011; or
b: if released on bail in any circumstances to which paragraph (a)
26: Section 36 amended (Arrest of defendant charged with drug dealing offence)
1: In section 36(2) High Court Judge or a District Court Judge
2: In section 36(3) High Court
3: In section 36(4) High Court
4: In section 36(5) bond
27: New section 36A inserted (Offence to refuse authorised person entry to EM address)
After section 36
36A: Offence to refuse authorised person entry to EM address
1: A person ( A
2: A person who commits an offence under subsection (1)
3: In subsection (1) authorised person
a: an EM assessor who has identified himself or herself to A; or
b: a person accompanying a person described in paragraph (a)
c: a person who—
i: has identified himself or herself to A; and
ii: is authorised in writing by an EM assessor to enter the EM address for the purpose of servicing or inspecting any electronic monitoring equipment at that address; and
iii: has produced that written authority to A.
28: Section 37 amended (Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail)
1: In section 37(1) of the relevant court may issue a warrant in the prescribed form may issue a warrant
2: Replace section 37(7)
7: In this section, judicial officer or Registrar
a: for proceedings in a District Court, a judicial officer or Registrar of a District Court:
b: for proceedings in the High Court, a Judge or Registrar of the High Court:
c: for proceedings in the Court of Appeal or the Supreme Court, a Judge or Registrar of the High Court.
29: Section 39 amended (Non-performance of condition of bail may be certified and recorded)
1: In section 39(1) of the relevant court may certify on the back of may certify on
2: In section 39(3) of the relevant court must direct the Registrar of that court must direct the Registrar
3: Replace section 39(6)
6: In this section, judicial officer
a: any judicial officer, if the defendant was released on bail by a District Court, Registrar, or Police employee in relation to a category 1, 2, or 3 offence and the Solicitor-General has not assumed responsibility for the proceedings in accordance with section 187 of the Criminal Procedure Act 2011:
b: a Judge, if any of the matters set out in paragraph (a)
30: Section 43 amended (Execution of decision of District Court on appeal relating to bail)
1: In section 43(1) and signed by a District Court Judge
2: In section 43(3)(a)(iii) sign authenticate
31: Section 46 amended (Execution of decision of High Court on appeal relating to bail)
1: In section 46(1) and signed by a Judge
2: In section 46(3)(a)(iii) sign authenticate
32: Section 48 amended (Procedure relating to appeal under section 47)
In section 48(1) 10 days 20 working days
33: Section 49 amended (Execution of decision of Court of Appeal on appeal relating to bail)
In section 49(4) and signed by a Judge of the court
34: Section 50 amended (Execution of decision of Supreme Court on appeal relating to bail)
In section 50(4) and signed by a Judge of the court
35: Section 51 amended (Appeal against entry by Justice or Community Magistrate of non-performance of condition of bail in court record)
In section 51(1 28 days 20 working days
36: Section 52 amended (Appeal against entry by District Court Judge or High Court Judge of non-performance of condition of bail in court record)
In section 52(1) 28 days 20 working days
37: New section 52A and cross-heading inserted
After section 52 Issue of warrant for detention in custody
52A: Period for which warrant for detention in custody may be issued
1: This section applies to a warrant issued under section 43(1), 46(1), 49(4), or 50(4).
2: A warrant to which this section applies must be issued for whichever of the following applies:
a: for the period of adjournment:
b: pending and during the defendant's trial:
c: pending the defendant being brought up for sentence and during his or her sentencing.
38: Section 54 amended (Granting of bail to appellant in custody pending appeal to High Court)
In section 54(4) 35 to 39
39: Section 59 amended (Surrender of appellant released on bail)
In section 59(2) in the prescribed form
40: New section 73A inserted (Authentication of documents)
After section 73
73A: Authentication of documents
1: Any warrant issued under this Act must be authenticated by the judicial officer or Registrar who issues the warrant.
2: The person who is required to authenticate a document (including a notice of bail or bail bond) under this Act does so—
a: by signing and dating the document; or
b: in the case of a document in electronic form, by any electronic means that adequately identifies that person and the date of authentication.
3: However, an affidavit or other document required to be sworn must be signed and dated.
4: In the absence of evidence to the contrary, any document is to be treated as having been authenticated in accordance with this section.
2: Amendments to other Acts
41: Amendments to Children, Young Persons, and Their Families Act 1989
1: This section amends the Children, Young Persons, and Their Families Act 1989
2: In section 214(1) Subject to section 214A
3: After section 214
214A: Arrest of child or young person in breach of bail condition
A constable may arrest a child or young person without a warrant if—
a: the child or young person has been released on bail; and
b: the constable believes, on reasonable grounds, that—
i: the child or young person has breached a condition of that bail; and
ii: the child or young person has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition).
4: Replace section 235(1)
1: Notwithstanding section 234 but subject to section 244, a constable, in relation to any child or young person who has been arrested and if subsection (1A)
a: must place the child or young person in the custody of the chief executive in accordance with subsection (2); and
b: must do so as soon as practicable and not later than 24 hours after the arrest.
1A: This subsection applies if—
a: the constable believes, on reasonable grounds, that—
i: the child or young person is not likely to appear before the court; or
ii: the child or young person may commit further offences; or
iii: it is necessary to prevent—
A: the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the constable has reasonable cause to suspect the child or young person of having committed; or
B: interference with any witness in respect of any such offence; or
b: the child or young person has been arrested under section 214A 2013-09-04 Children, Young Persons, and Their Families Act 1989
42: Amendments to Sentencing Act 2002
1: This section amends the Sentencing Act 2002
2: In section 9(2)(g) character. character:
3: After section 9(2)(g)
h: that the offender spent time on bail with an EM condition as defined in section 3 of the Bail Act 2000.
4: After section 9(3)
3A: In taking into account that the offender spent time on bail with an EM condition under subsection (2)(h)
a: the period of time that the offender spent on bail with an EM condition; and
b: the relative restrictiveness of the EM condition, particularly the frequency and duration of the offender's authorised absences from the electronic monitoring address; and
c: the offender's compliance with the bail conditions during the period of bail with an EM condition; and
d: any other relevant matter. 2013-09-04 Sentencing Act 2002
43: Amendments to District Courts Act 1947
1: This section amends the District Courts Act 1947
2: Replace section 84C(2)(d)
d: if the judgment debtor cannot practically be brought immediately before a Judge or a Registrar, then a Police employee or bailiff may grant bail to the judgment debtor, and Parts 1 to 3 of the Bail Act 2000 apply, with any necessary modifications, as if the bail were granted by a Police employee under section 21(1) of that Act.
3: Replace section 84O(6)(c)
c: if the judgment debtor cannot practically be brought immediately before a Judge or a Registrar, then a Police employee or bailiff may grant bail to the judgment debtor, and Parts 1 to 3 of the Bail Act 2000 apply, with any necessary modifications, as if the bail were granted by a Police employee under section 21(1) of that Act. 2013-09-04 District Courts Act 1947
44: Amendments to District Courts Amendment Act 2011
1: This section amends the District Courts Amendment Act 2011
2: In section 14
d: if the judgment debtor or relevant officer cannot practicably be brought immediately before a Judge or Registrar, then a Police employee or bailiff may grant bail to the judgment debtor or relevant officer, and Parts 1 to 3 of the Bail Act 2000 apply, with any necessary modifications, as if the bail were granted by a Police employee under section 21(1) of that Act.
3: In section 23
e: if the judgment debtor cannot practicably be brought immediately before a Judge or Registrar, then a Police employee or bailiff may grant bail to the judgment debtor, and Parts 1 to 3 of the Bail Act 2000 apply, with any necessary modifications, as if the bail were granted by a Police employee under section 21(1) of that Act. 2013-09-04 District Courts Amendment Act 2011
45: Amendments to Summary Proceedings Act 1957
1: This section amends the Summary Proceedings Act 1957
2: Replace section 88AB(d)
d: for the purpose of any bail application by the defendant, if the defendant cannot practicably be brought immediately before the Registrar, a District Court Judge, or a Community Magistrate, then a Police employee or a bailiff may grant bail to the defendant, and Parts 1 to 3 of the Bail Act 2000 apply, with any necessary modifications, as if the bail were granted by a Police employee under section 21(1) of that Act.
3: Replace section 88AC(e)
e: if the defendant cannot practicably be brought immediately before the Registrar, a District Court Judge, or a Community Magistrate, then a Police employee or a bailiff may grant bail to the defendant, and Parts 1 to 3 of the Bail Act 2000 apply, with any necessary modifications, as if the bail were granted by a Police employee under section 21(1) of that Act. 2013-09-04 Summary Proceedings Act 1957
46: Bail Rules 2000
The Bail Rules 2000 2013-09-04 Bail Rules 2000 |
DLM5622200 | 2013 | Flags, Emblems, and Names Protection Amendment Act 2013 | 1: Title
This Act is the Flags, Emblems, and Names Protection 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 Flags, Emblems, and Names Protection Act 1981 principal Act 2013-12-05 Flags, Emblems, and Names Protection Act 1981
4: New section 18A inserted (Unauthorised use of words and emblems relating to 28th Māori Battalion)
After section 18
18A: Unauthorised use of words and emblems relating to 28th Māori Battalion
1: Subject to subsection (3), every person commits an offence against this Act who, in any business, trade, or occupation and in order to obtain money (or other property) or credit, displays, exhibits, or otherwise uses any of the following in such a manner as to be likely to cause anyone to believe that the display, exhibition, or use is under the authority, sanction, approval, appointment, or patronage of an association described in subsection (3)(b)(i) or (iii):
a: an emblem in Schedule 2A
b: an emblem that so closely resembles one of the emblems in Schedule 2A
c: any of the following combinations of words:
i: 28th Māori Battalion
ii: 28 Māori Battalion
iii: Māori Battalion
iv: 28th Māori Battalion Association
v: 28th Maori Battalion (NZ) Association Incorporated
vi: Te Ope Hōia Māori 28
vii: Te Ope Taua Māori 28
viii: Te Hokowhitu Māori 28
d: words that so closely resemble the combinations of words quoted in paragraph (c) as to be likely to deceive or confuse any person.
2: Subject to subsection (3),—
a: every person commits an offence against this Act who causes an incorporated or unincorporated body to be formed under any name, title, style, or designation that includes any of the combinations of words referred to in subsection (1)(c) or (d); and
b: every association (whether incorporated or unincorporated) commits an offence against this Act that carries on its activities under any name, title, style, or designation that includes any of the combinations of words referred to in subsection (1)(c) or (d).
3: Subsections (1) and (2) do not apply to the use of any emblem, words, name, title, style, or designation—
a: that has been authorised by the Governor-General by Order in Council; or
b: by any of the following:
i: the 28th Maori Battalion (NZ) Association Incorporated; or
ii: a person or class of persons or an association that has been approved in writing for the purposes of this section by the 28th Maori Battalion (NZ) Association Incorporated; or
iii: any association that has been approved in writing for the purposes of this section by the 28th Maori Battalion (NZ) Association Incorporated as the successor of the 28th Maori Battalion (NZ) Association Incorporated; or
iv: a person or class of persons or an association that has been approved in writing for the purposes of this section by the successor of the 28th Maori Battalion (NZ) Association Incorporated referred to in subparagraph (iii).
5: New Schedule 2A inserted
After Schedule 2 Schedule |
DLM5300502 | 2013 | Care of Children Amendment Act 2013 | 1: Title
This Act is the Care of Children 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.
3: Principal Act
This Act amends the Care of Children Act 2004 principal Act 2014-07-15 Care of Children Act 2004 see section 2(1) This Act or parts of this Act can come into force earlier by OIC.
4: Costs of court-appointed counsel
Section 131
4: Despite subsection (1), the court may, if it thinks it is appropriate, order a party to the proceedings to refund to the Crown an amount the court specifies in respect of any fees and expenses that relate to an appointment under section 130(1) and have been paid under that subsection.
5: Despite subsection (1), where in any proceedings, other than an application under section 105 or 111, a lawyer has been appointed under section 7(1) and the fees and expenses relating to that appointment have been paid under subsection (1), the court must make an order under section 131A
6: However, no order under section 131A
a: the Crown, whether acting through the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 or otherwise; or
b: a person in whose custody the child concerned has been placed pursuant to an order made under the Children, Young Persons, and Their Families Act 1989.
5: New sections 131A to 131C inserted
The following sections are inserted after section 131
131A: Order requiring refund of payments in respect of lawyer acting for child
1: An order referred to in section 131(5)
2: Each party must pay an equal share of the prescribed proportion.
3: Despite subsection (1)
4: Despite subsection (2)
5: In this section,— dependent child, prescribed proportion serious hardship
a: includes significant financial difficulties that arise because of—
i: the party's inability to meet minimum living expenses according to normal community standards; or
ii: the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
iii: a serious illness suffered by the party or by a dependent child of the party; or
iv: the cost of education for a dependent child of the party:
b: does not include significant financial difficulties that arise because—
i: the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
ii: the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.
131B: Enforcement of orders to refund fees and expenses of court-appointed lawyers
1: The amount that a party is ordered to refund under section 131(4) 131A
2: Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1)
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.
131C: Time for payment of orders to refund fees and expenses of court-appointed lawyers may be extended
1: If an amount that a party is ordered to refund under section 131(4) 131A
a: a greater time for payment:
b: payment to be made by instalments.
2: No arrangement under subsection (1)
3: No action to enforce an amount that is the subject of an arrangement under this section may be taken as long as the arrangement continues in force and is duly observed.
4: If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.
6: Regulations
Section 147(2)
ca: prescribing, for the purposes of section 131A .
7: Transitional provisions relating to reimbursement of costs of court-appointed counsel
1: Section 131(4) section 4 section 4
2: This subsection applies to—
a: any order made under section 131(4) section 4
b: any order made, after that commencement, under section 131(4)
3: Despite subsection (1), in relation to any orders to which subsection (2) applies, section 131(4)
4: Sections 131A 131B(1) section 5 section 5
5: Sections 131B(2) and (3) and 131C section 5 |
DLM4682901 | 2013 | Student Loan Scheme Amendment Act 2013 | 1: Title
This Act is the Student Loan Scheme Amendment Act 2013.
2: Commencement
1: Sections 6 7(1) and (3) 11 12 14 16(1) to (3) 17 18 24 26 27 34(2) 41 42 43(5) 44 45 52
2: The rest of Part 1
a: the day after the date that this Act receives the Royal assent; and
b: 1 April 2013.
3: Part 2 1 April 2013
4: Part 3 1 April 2014
1: Amendments to principal Act
3: Principal Act
This Act amends the Student Loan Scheme Act 2011 principal Act 2013-03-30 Student Loan Scheme Act 2011 Sections 6, 7(1) and (3), 11, 12, 14, 16(1) to (3), 17, 18, 24, 26, 27, 34(2), 41, 42, 43(5), 44, 45, and 52 are deemed to have come into force on 1 April 2012. The rest of Part 1 comes into force on the earlier of—the day after the date that this Act receives the Royal assent 2013-04-01 Student Loan Scheme Act 2011 Part 2 comes into force on 1 April 2013 2014-04-01 Student Loan Scheme Act 2011 Part 3 comes into force on 1 April 2014
4: Application of provisions deemed to have come into force on 1 April 2012
The provisions of this Act that are deemed to have come into force on 1 April 2012 apply for the 2012–2013 and later tax years.
5: Section 2 amended (Commencement)
Repeal section 2(5)
6: Section 4 amended (Interpretation)
1: In section 4(1) adjusted net income section 88A section 73
2: In section 4(1) end-of-year repayment obligation sections 76 and 76A section 77 or 78 .
3: In section 4(1) declaration of pre-taxed income pre-taxed income adjusted net income
4: In section 4(1) interim payment interim payment section 82 or 83 section 84 or 85 .
5: In section 4(1) net pre-taxed income other income other income repayment obligation pre-taxed repayment obligation remaining repayment
6: In section 4(1) repayment obligation
c: an end-of-year repayment obligation: .
7: In section 4(1) new borrower
a: a person who becomes a borrower for the first time under the student loan scheme in the period starting on 1 January of the tax year and ending on the close of the last day of the tax year; or
b: a person to whom all of the following apply:
i: the person had been a borrower under the student loan scheme before the tax year; and
ii: the person fully repaid his or her loan before the start of the tax year; and
iii: in the period starting on 1 January of the tax year and ending on the close of the last day of the tax year, the person again became a borrower under the student loan scheme terminal payment section 80 and section 81 or 85 .
8: Replace section 4(2)
2: A reference to a borrower estimating his or her end-of-year repayment obligation is a reference to a borrower making a fair and reasonable estimate of his or her end-of-year repayment obligation in accordance with section RC 7 of the Income Tax Act 2007, as applied by section 86 Schedule 4
7: Section 5 amended (Meaning of unpaid amount)
1: Replace section 5(1)(a)
a: a terminal payment: .
2: In section 5(2) due date
ii: if the Commissioner has determined the instalments that must be paid under section 112(3) 115A .
3: In section 5(2) interim payment default pre-taxed repayment obligation or other income repayment obligation end-of-year repayment obligation
4: In section 5(2) overseas-based instalment default overseas-based instalment default
8: New section 8A inserted (Application of provisions of Act)
After section 8
8A: Application of provisions of Act
Schedule 6 contains application, savings, and transitional provisions that affect this Act's other provisions as from time to time amended, repealed, and replaced ( see section 220
9: Section 15 amended (Right to cancel loan contract)
1: In section 15(1)(b) ; and
2: Repeal section 15(1)(c)
10: Section 28 amended (Borrower to notify Commissioner of absence from New Zealand of 184 or more days)
After section 28(2)
3: See section 193C
11: Section 31 amended (Repayment obligations that apply to New Zealand-based borrowers and overseas-based borrowers)
In section 31(1)(a) subparts 1 to 3 subparts 1 and 2
12: Section 32 amended (Interrelationship between subparts 1 to 3)
1: In the heading to section 32 1 to 3 1 and 2
2: Replace section 32(3) to (8)
3: If a borrower derives only income other than salary or wages, subpart 2
4: If a borrower derives income from salary or wages and income other than from salary or wages, subparts 1 and 2
13: Section 67 amended (Procedure if significant over-deduction made)
In section 67(2) in writing
14: Subparts 2 and 3 of Part 2 replaced
Replace subparts 2 3
2: Repayment obligations for New Zealand-based borrowers with income other than, or as well as, salary or wages
72: Application of this subpart
This subpart applies to the following New Zealand-based borrowers, other than new borrowers:
a: borrowers who derive $1,500 or more of adjusted net income for a tax year and who have income from adjusted net income and salary or wages (if any) for that tax year of $1,500 or more above the annual repayment threshold:
b: borrowers to whom paragraph (a)
i: have been required to pay interim payments for that tax year; or
ii: have been issued a default assessment for an end-of-year repayment obligation under section 106 of the Tax Administration Act 1994 for that tax year.
73: Meaning of adjusted net income
1: In this Act, adjusted net income a = b − c where— a is the borrower's adjusted net income b is the borrower's annual gross income other than from salary or wages c is the borrower's annual total deductions.
2: However, the income and deductions for any investment activity, or for any business, for a tax year are ignored when calculating a borrower's adjusted net income for that tax year if, treating the borrower as having only the income and deductions of that investment activity or of that business, the borrower would have a net loss for that year.
3: For the purposes of applying subsection (2)
4: For the purposes of applying subsection (2) subsection (3)
5: Subsections (2) to (4)
6: In this section,— business investment activity
74: Declaration of adjusted net income
1: If this subpart applies to a borrower and the borrower is not required to file a return of his or her income for the tax year or provide details of his or her annual gross income and annual total deductions under section 114, the borrower must make a declaration of the borrower's adjusted net income.
2: The declaration of adjusted net income must be made—
a: by notifying the Commissioner in a manner acceptable to the Commissioner; and
b: on or before—
i: 7 July in the tax year following the tax year in which the adjusted net income was derived; or
ii: if the borrower has received an extension of time to make the declaration in accordance with section 75
iii: if the Commissioner has granted the borrower an extension of time to make the declaration (other than in accordance with section 75
75: Extension of time for making declaration of adjusted net income
A borrower may apply to the Commissioner for an extension of time for the making of a declaration of adjusted net income in accordance with section 37(3) to (5) of the Tax Administration Act 1994, and those subsections apply, as far as applicable and with all necessary modifications, as if—
a: the reference to the due date required under this section the due date required under section 74(2)(b)(i)
b: every reference to a taxpayer were a reference to a borrower; and
c: every reference to a return or a return of income were a reference to a declaration of adjusted net income.
76: Commissioner to assess borrower's end-of-year repayment obligation
1: The Commissioner must assess the amount (if any) of a borrower's end-of-year repayment obligation for a tax year as soon as practicable after the borrower provides—
a: his or her return of income for that tax year; or
b: details of his or her annual gross income and annual total deductions under section 114; or
c: his or her declaration of adjusted net income.
2: In making the assessment, the Commissioner may have regard to—
a: any document provided under subsection (1)
b: any other information that the Commissioner considers to be relevant.
3: The assessment must be made in accordance with this subpart and the loan contract.
4: Section 203 applies if there is an inconsistency between this subpart and the loan contract.
5: The Commissioner must, as soon as practicable after making the assessment, notify the borrower in writing of—
a: the borrower's end-of-year repayment obligation; and
b: the due dates, if any, on or before which the end-of-year repayment obligation must be paid ( see sections 81, 84, and 85
c: the amounts, if any, that must be paid on or before those due dates. 1992 No 141 s 15
76A: Commissioner must assess borrowers to whom section 72(b) applies as having zero repayment obligation
If the Commissioner is satisfied that a borrower meets the criteria in section 72(b)
77: Calculation of borrower's end-of-year repayment obligation if salary or wages less than annual repayment threshold
1: Subsection (2)
a: this subpart applies to a borrower; and
b: the gross income that the borrower derived from salary or wages is less than the annual repayment threshold.
2: The borrower's end-of-year repayment obligation for the tax year must be calculated in accordance with the formula— a = b × (c − d) where— a is the borrower's end-of-year repayment obligation for the tax year b is the repayment percentage c is the income that the borrower derives from adjusted net income and from salary or wages for the tax year d is the annual repayment threshold.
3: If the borrower's end-of-year repayment obligation for the tax year is zero or less, the borrower has no end-of-year repayment obligation for the tax year.
78: Calculation of borrower's end-of-year repayment obligation where salary or wages equal to or more than annual repayment threshold
1: Subsection (2)
a: this subpart applies to a borrower; and
b: the gross income that the borrower derived from salary or wages is equal to or more than the annual repayment threshold.
2: The borrower’s end-of-year repayment obligation for the tax year must be calculated in accordance with the formula— a = b × c where— a is the borrower’s end-of-year repayment obligation for the tax year b is the repayment percentage c is the income that the borrower derives from adjusted net income for the tax year.
79: Payment of end-of-year repayment obligation
1: A borrower whose end-of-year repayment obligation for a tax year is greater than zero must pay a terminal payment—
a: calculated in accordance with section 80
b: on or before the due date under section 81 section 85
2: Subsection (3)
a: the borrower's end-of-year repayment obligation for a tax year is $1,000 or more; or
b: the borrower has not made a declaration of adjusted net income for a tax year, provided a return of income, or provided details of his or her annual gross income and annual gross deductions under section 114 for a tax year, and the amount of the borrower's end-of-year repayment obligation for the immediately preceding tax year was $1,000 or more.
3: A borrower must also pay interim payments for the next tax year—
a: calculated in accordance with section 82 or 83
b: on or before the due dates determined in accordance with section 84 or 85
4: However, a borrower is not liable to make interim payments for a tax year if the borrower's end-of-year repayment obligation for that year is less than $1,000.
80: Calculation of terminal payment for tax year
1: The amount of a borrower's terminal payment for the tax year must be calculated in accordance with the formula— a = (b – c) – (d – c) where— a is the amount of the borrower's terminal payment b is the borrower's end-of-year repayment obligation for the tax year c is the amount of the borrower's interim payments for the tax year in accordance with section 82 or 83 d is the sum of any amounts that satisfy (so far as they extend) the borrower's end-of-year repayment obligation for the tax year.
2: However,—
a: if the sum of (b − c) is less than zero, then it must be treated as if it were zero; and
b: if the sum of (d − c) is less than zero, then it must be treated as if it were zero.
81: Due date for terminal payment
A borrower must pay his or her terminal payment on or before the borrower's terminal tax date
82: Calculation of interim payments for next tax year
1: The amount of each of the borrower's interim payments for the tax year may vary and must be calculated separately in accordance with the formula— a = b × (c ÷ d) − e where— a is the amount of the borrower's interim payment b is, as applicable,—
i: the amount of the borrower's estimated end-of-year repayment obligation for the tax year; or
ii: the amount of the borrower's uplifted end-of-year repayment obligation for the tax year c is a number reflecting which of the interim payments for the tax year is being calculated (for example, 2 if the second interim payment for the tax year is being calculated) d is the total number of interim payment due dates the borrower has for the tax year e is the aggregate amount of all of the borrower's interim payments for the tax year that were due before the interim payment being calculated.
2: For the purposes of this section, the total number of interim payment due dates a borrower has is determined by reference to the number of interim payments the borrower must make as determined in accordance with section 84 or 85
3: In this section, uplifted end-of-year repayment obligation
a: means—
i: the amount of the borrower's end-of-year repayment obligation for the immediately preceding tax year multiplied by 105%; or
ii: if the borrower did not make a declaration of adjusted net income for the immediately preceding tax year, the amount of the borrower's end-of-year repayment obligation for the year before the immediately preceding tax year multiplied by 110%; but
b: the amount calculated in accordance with paragraph (a)
4: For the purposes of subsection (3)(b) 1992 No 141 s 27
83: Commissioner may assess interim payments if information for preceding year not provided
1: The Commissioner may assess a borrower's interim payments for a tax year in the manner set out in section RC 6(3) of the Income Tax Act 2007 if, for the immediately preceding tax year, the borrower did not provide—
a: his or her return of income; or
b: details of his or her annual gross income and annual total deductions under section 114; or
c: his or her declaration of adjusted net income under section 74
2: Section 82 subsection (1)
84: Due dates for payment of interim payments
1: A borrower must pay an interim payment for a tax year on or before each of the dates on which the borrower must pay his or her provisional tax for that tax year in accordance with the provisional tax rules.
2: However,—
a: if a borrower uses a GST ratio to determine his or her provisional tax for a tax year and that year is not a transitional year for the borrower, the due dates for the payment of the borrower's interim payments are the dates in columns B, D, and F of the table in Part A of Schedule 3 of the Income Tax Act 2007 that correspond to the month of the borrower's balance date:
b: if a borrower uses a GST ratio to determine his or her provisional tax for a tax year and that year is a transitional year for the borrower, the due dates for the payment of the borrower's interim payments are every second date in the table headed GST ratio provisional taxpayers
i: if the borrower has only 1 payment date, the borrower has only 1 due date; and
ii: if the borrower has an odd number of payment dates, then the last payment date does not apply to the borrower:
c: if a borrower does not pay provisional tax for a tax year, the due dates for the payment of the borrower's interim payments are the dates in columns B, D, and F of the table in Part A of Schedule 3 of the Income Tax Act 2007 that correspond to the month of the borrower's balance date:
d: if a borrower pays provisional tax on a 6-monthly basis for the 2012–2013 tax year, the due dates for the payment of the borrower's interim payments are the dates in columns B, D, and F of the table in Part A of Schedule 3 of the Income Tax Act 2007 that correspond to the month of the borrower's balance date.
3: In this section, GST ratio transitional year
85: Commissioner's powers in relation to due dates
1: The Commissioner may determine the dates on or before which a borrower must pay his or her terminal payment or interim payments for a tax year if—
a: the borrower requests the Commissioner to determine the borrower's terminal payment due date or interim payment due dates; or
b: the Commissioner considers it necessary or appropriate in the circumstances.
2: The dates determined by the Commissioner under subsection (1) section 81 or 84
3: If the Commissioner determines the dates on or before which a borrower must pay his or her terminal payment or interim payments for a tax year,—
a: the Commissioner must, as soon as practicable, notify the borrower in writing—
i: of that fact; and
ii: of the dates determined by the Commissioner; and
b: the amount of the terminal payment or the interim payments must be calculated by reference to those dates.
4: This section overrides sections 81 and 84 1992 No 141 s 30(2)
86: Interim payments to be paid in same manner as provisional tax
Subject to Schedule 4
a: interim payments for a borrower's end-of-year repayment obligation for a tax year are payable in the same manner as provisional tax; and
b: a borrower must comply with the requirements of the provisional tax rules. 1992 No 141 s 28
87: Consequence of failure to meet repayment obligations
A borrower may be liable to pay late payment interest if the borrower does not meet his or her repayment obligations under this subpart ( see section 139(1)
15: Section 110 amended (Repayment obligations of overseas-based borrowers)
1: Replace section 110(1)
1: This section applies to an overseas-based borrower who—
a: is not or is no longer entitled to a repayment holiday under section 107B or 108A(2); and
b: has not had his or her overseas-based repayment obligation reassessed under section 115A
2: Replace section 110(6)(a) and (b)
a: if a borrower was not overseas-based at the start of the tax year, the borrower's consolidated loan balance on the date on which the borrower became overseas-based; and
b: if a borrower was overseas-based at the start of the tax year ( year A
i: including the amount of the borrower's consolidated loan balance on 31 March in the year prior to year A (the previous year
ii: including the amount of any annual administration fee charged under section 189 for the previous year; and
iii: subtracting any 10% bonus the borrower is entitled to under Part 3 for an excess repayment for the previous year.
16: Section 111 amended (Exceptions to repayment obligations of overseas-based borrowers)
1: Replace section 111(5)(a)
a: for the first tax year during a period when section 110 applies to a borrower, the sum determined by—
i: including the borrower's loan balance on the day on which that section first applies to the borrower in that period; and
ii: subtracting the amount of any repayment obligation or other amount that the Commissioner has, on or before that day, required the borrower to pay and that is payable on or after that day; and .
2: In section 111(5)(b)(iii) previous year ; and
3: In section 111(5)(b)
iv: subtracting the amount of any repayment obligation or other amount that the Commissioner has, on or before that day, required the borrower to pay and that is payable on or after that day.
4: Replace section 111(4)
4: This section overrides section 110.
5: Replace section 111(5)
5: In this section, loan balance
a: if a borrower was not overseas-based at the start of the tax year, the sum determined by—
i: including the borrower's loan balance on the day on which the borrower became overseas-based; and
ii: subtracting the amount of any repayment obligation or other amount that the Commissioner has, on or before that day, required the borrower to pay and that is payable on or after that day; and
b: if a borrower was overseas-based at the start of the tax year ( year A
i: including the amount of the borrower's loan balance on 31 March in the year prior to year A (the previous year
ii: including the amount of any annual administration fee charged under section 189 for the previous year; and
iii: subtracting any 10% bonus the borrower is entitled to under Part 3 for an excess repayment for the previous year; and
iv: subtracting the amount of any repayment obligation or other amount that the Commissioner has, on or before that day, required the borrower to pay and that is payable on or after that day.
17: Section 112 amended (Repayment to be made by instalments)
Replace section 112(3)
3: However, the Commissioner may determine the dates on or before which a borrower must pay instalments of his or her overseas-based repayment obligations, and the amount of those instalments, if the Commissioner considers it necessary or appropriate in the circumstances.
4: If the Commissioner makes a determination under subsection (3)
a: of that fact; and
b: of the dates and the amounts determined by the Commissioner.
18: Section 114 amended (Notification of worldwide income by New Zealand-based non-resident borrowers)
Replace section 114(3)(a)
a: a declaration of adjusted net income; or .
19: Section 115 amended (Repayment obligations of borrowers who are overseas-based for part of tax year)
In section 115(2) despite anything to the contrary in this Act , except as provided in section 115A
20: New section 115A inserted (Reassessment of overseas-based borrower's repayment obligations in year of return to New Zealand)
After section 115
115A: Reassessment of borrower's overseas-based repayment obligations in year of return to New Zealand
1: The Commissioner may reassess a borrower's overseas-based repayment obligation if the borrower notifies the Commissioner—
a: that the borrower has returned to New Zealand; and
b: that he or she intends to become New Zealand-based; and
c: of the specific date from which he or she expects to become New Zealand-based.
2: The borrower must notify the Commissioner of any other information that the Commissioner may reasonably require for the purposes of either or both of the following:
a: establishing any of the matters in subsection (1)
b: the reassessment.
3: If the Commissioner reassesses a borrower's overseas-based repayment obligation under this section,—
a: the reassessment must be made in accordance with section 115, as if the borrower were New Zealand-based from the date notified by the borrower under subsection (1)(c)
b: section 109(6) and (7) apply to the reassessment as if it were an assessment under that section.
4: Despite the reassessment of a borrower's overseas-based repayment obligation under this section, the borrower continues to be treated as an overseas-based borrower for all other purposes (for example, interest continues to be calculated in accordance with the borrower's overseas-based status) until the borrower becomes New Zealand-based.
5: The Commissioner may review a reassessment of a borrower's overseas-based repayment obligation made under this section if—
a: the borrower does not become New Zealand-based; or
b: the borrower becomes New Zealand-based from a date that is different from the expected date notified to the Commissioner under subsection (1)(c)
21: Section 120 amended (Commissioner must notify borrower of excess repayment)
Replace section 120(1)
1: Subsection (2) applies if subpart 2
a: an excess repayment is made for the borrower; or
b: upon investigation by the Commissioner of the borrower's repayment obligation for a prior tax year, the Commissioner is satisfied that—
i: the repayment obligation assessed by the Commissioner is incorrect; and
ii: as a result, an excess repayment has been made.
22: Section 132 amended (Borrower may receive refund or apply excess repayment to future repayment obligations)
Replace section 132(2)
2: To exercise a choice under subsection (1), the borrower must notify the Commissioner in a manner acceptable to the Commissioner within 6 months after whichever is the latest of the following:
a: the date on which the borrower was notified of the excess repayment in accordance with section 120:
b: the day after the end of the tax year to which the excess repayment relates:
c: the day after the due date of the final instalment of the borrower's overseas-based repayment obligation.
23: Section 134 amended (Loan interest charged for all borrowers)
1: In section 134(2 the formula (except as provided in subsection (3)
2: After section 134(2)
3: If a tax year includes an extra day because of a leap year, the reference to 365 in the formula in subsection (2) must be treated as if it were a reference to 366.
24: Section 144 amended (Power of Commissioner in relation to small amounts)
1: In section 144(1)(c) collecting a repayment obligation (or part of a repayment obligation)
2: In section 144(2)(a) is more than $20 is $20 or more
3: Replace section 144(3)(a)
a: under subsection (1)(c) is written off: .
25: Section 154 amended (Application for instalment arrangement)
In section 154(1)(a) an unpaid amount; and an unpaid amount or an amount that is not yet due; and
26: Section 155 amended (Late filing penalty for certain declarations)
Replace section 155(5)
5: In this section, declaration
27: Section 156 amended (Due dates for payment of late filing penalty)
In section 156(b) and (c) or 114A
28: Section 160 replaced (Notification of student loan shortfall penalty)
Replace section 160
160: Notification and payment obligations if Commissioner imposes student loan shortfall penalty
1: This section applies if the Commissioner imposes a student loan shortfall penalty on a borrower.
2: The Commissioner must notify the borrower in writing of—
a: the amount of the student loan shortfall penalty and the reasons for its imposition; and
b: the date on or before which the student loan shortfall penalty must be paid (which must be at least 30 days after the date of the notification).
3: The Commissioner must also notify the borrower in writing of the amount of the repayment obligation shortfall that remains due and payable and that that amount is subject to late payment interest.
4: The Commissioner may notify the borrower of the information required under subsection (2) subsection (3)
5: The borrower must pay the student loan shortfall penalty on or before the date specified in the notice given under subsection (2)
29: Section 161 amended (Student loan shortfall penalty reduced or removed to reflect change to shortfall penalty)
In section 161(1)(a) a borrower disputes or
30: Cross-heading above section 174 replaced
Replace the cross-heading above section 174 Rights to challenge and challenge procedures .
31: New section 174A inserted (Part 8A of Tax Administration Act 1994 applies to challenges under this Act)
After section 174
174A: Part 8A of Tax Administration Act 1994 applies to challenges under this Act
The procedures under Part 8A of the Tax Administration Act 1994 apply, with all necessary modifications, to a challenge of a matter under this Act.
32: New section 182A inserted (Challenge to decision concerning repayment holiday)
After section 182
182A: Challenge to decision concerning repayment holiday
A borrower may challenge a decision by the Commissioner under section 107B not to grant the borrower a repayment holiday, on the ground that the decision is not fair and reasonable.
33: Section 188 repealed (Commissioner's decision on challenges)
Repeal section 188
34: Section 191 amended (Limit on repayment obligation for pay period or tax year)
1: In section 191(1) derives only derives
2: After section 191(3)
3A: For the purposes of subsections (1) and (2), the amount of the borrower's loan balance on the day referred to in each of those provisions must be determined by subtracting the amount of any repayment obligation or other amount that the Commissioner has, on or before that day, required the borrower to pay and that is payable on or after that day.
35: New section 193C inserted (Changes relating to contact details of borrower)
After section 193B
193C: Changes relating to contact details of borrower
If there is a change in any of the borrower's contact details, the borrower must promptly notify the Commissioner of the changed details.
36: Section 204 amended (Commissioner may exercise rights in loan contracts to recall loans)
In section 204(3)(c) before or after before, on, or after
37: Section 208 amended (Disclosure of information between Inland Revenue Department and New Zealand Customs Service for information-matching purposes)
Replace section 208(1)
1: The purpose of this section is to facilitate the exchange of information between the Inland Revenue Department and the New Zealand Customs Service for the purpose of establishing an information-matching programme to assist the Commissioner to—
a: verify whether borrowers are New Zealand-based or overseas-based; and
b: verify whether borrowers are New Zealand residents; and
c: locate, when they enter or leave New Zealand, borrowers who are in serious default
38: Section 215 amended (Regulations)
Replace section 215(d)
d: specifying further information requirements in accordance with sections 10(2)(d), 13(i), 16(2)(a)(viii), 16A(1)(e), or 107A(2)(e): .
39: New section 220 replaced (Savings and transitional provisions)
Replace section 220
220: Application, savings, and transitional provisions
1: The application, savings, and transitional provisions set out in Schedule 6 have effect for the purposes of this Act.
2: The application, savings, and transitional provisions relating to this Act and the amendment Acts specified in the first column of the following table are set out in the Parts of Schedule 6 specified in the second column of the table: Principal Act and Amendment Acts Part of Schedule 6 Principal Act Principal Act as enacted Part 1 Amendment Acts Provisions relating to Student Loan Scheme Amendment Act 2013 Part 2
40: Section 221 repealed (Amendments to this Act)
Repeal section 221
41: Schedule 3 repealed
Repeal Schedule 3
42: Schedule 4 replaced
Replace Schedule 4 Schedule 2
43: Schedule 6 amended
1: This section amends Schedule 6
2: Replace the Schedule 6
6: ss 8A, 220 Application, savings, and transitional provisions
1: Provisions relating to principal Act as enacted
Savings provisions .
3: After clause 2
2A: Commissioner must not collect amount assessed as repayment obligation of certain borrowers for 2011–2012 tax year
1: The purpose of this clause is to ensure that the substantive effect of the provisions of the Student Loan Scheme Act 2011 (Transitional Provisions) Regulations 2012 continues, including beyond 1 April 2015, in respect of borrowers to whom those regulations applied before they were revoked by section 53
2: This clause applies if—
a: a person became a borrower under the student loan scheme for the first time in the period starting on 1 January 2012 and ending on the close of 31 March 2012; or
b: a person is a person to whom all of the following apply:
i: the person had been a borrower under the student loan scheme before the 2011–2012 tax year; and
ii: the person fully repaid his or her loan before the start of the 2011–2012 tax year; and
iii: the person again became a borrower under the student loan scheme in the period starting on 1 January 2012 and ending on the close of 31 March 2012.
3: Despite clause 2, any other provision of this Act, and anything in the Student Loan Scheme Act 1992,—
a: the Commissioner must refrain from collecting the amount that the Commissioner assesses, under section 15 of the Student Loan Scheme Act 1992, as the borrower's repayment obligation for the 2011–2012 tax year; and
b: the amount that the Commissioner refrains from collecting under paragraph (a)
4: Replace clause 6(1)
1: Any amount that the Commissioner has refrained from collecting from the borrower in accordance with section 51(3) of the Student Loan Scheme Act 1992 and that remains unpaid on the close of 31 March 2012 is added to a borrower's loan balance under this Act.
5: Replace clause 12(1)
1: This clause applies if—
a: a borrower—
i: has entered into an instalment arrangement with the Commissioner on or before 31 March 2012 in relation to an amount (the instalment amount
ii: some of the payments that are required under the instalment arrangement must be paid on or after 1 April 2012; or
b: a borrower—
i: has entered into an instalment arrangement with the Commissioner under this Act between 1 April 2012 and 31 March 2013 (inclusive) in relation to an amount (the instalment amount
ii: some of the payments that are required under the instalment arrangement must be paid on or after 1 April 2013.
6: After clause 15
Part 2: Transitional provision relating to Student Loan Scheme Amendment Act 2013
.
7: After the new Part 2 heading, insert:
16: Interpretation
In this Part amendment Act principal Act
17: Regulations for transitional purposes
1: In this clause, transition
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing transitional provisions for the purpose of facilitating or ensuring an orderly transition.
3: Regulations made under this clause may—
a: provide that, subject to such conditions as may be specified in the regulations, 1 or more provisions (including definitions) of the amendment Act do not apply, or apply with modifications or additions:
b: provide that, subject to such conditions as may be specified in the regulations, 1 or more provisions repealed, amended, or revoked by the amendment Act are to continue to apply, or apply with modifications or additions, as if they had not been repealed, amended, or revoked:
c: provide for any other matter necessary to facilitate or ensure an orderly transition.
4: The Minister must not recommend the making of regulations unless the Minister is satisfied that the regulations—
a: are reasonably necessary for the purpose of facilitating or ensuring an orderly transition; and
b: are consistent with the purposes of the principal Act.
5: Regulations made under this clause must include a date on which the regulations are revoked, and that date must be the earlier of—
a: 3 years after the date on which they are made; and
b: the close of 31 March 2018.
6: This clause is repealed on 1 April 2018.
44: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 1 Amendments to other Acts
45: Accident Compensation Act 2001 amended
1: This section amends the Accident Compensation Act 2001
2: In section 123(2)(i) subparts 1 to 3 subparts 1, 2, 2013-03-30 Accident Compensation Act 2001 deemed to have come into force on 1 April 2012
46: Customs and Excise Act 1996 amended
Sections 47 to 49 2013-03-30 Customs and Excise Act 1996
47: Section 280G amended (Defined terms for sections 280H and 280I)
In section 280G serious default unpaid amount
48: Section 280H amended (Disclosure of arrival and departure information for purposes of Student Loan Scheme Act 2011)
1: Replace section 280H(1)
1: The purpose of this section is to facilitate the exchange of information between the Customs and the Department for the purposes of assisting the Commissioner to—
a: verify whether borrowers are New Zealand-based or overseas-based for the purposes of the Student Loan Scheme Act 2011:
b: verify whether borrowers are New Zealand residents for the purposes of that Act:
c: locate, when they enter or leave New Zealand, borrowers who are in serious default in relation to a student loan.
2: After section 280H(4)(d)
e: information provided by the borrower when arriving in or, as the case may be, departing from New Zealand.
49: Section 280I amended (Direct access to arrival and departure information for purposes of Student Loan Scheme Act 2011)
Replace section 280I(1)
1: The purpose of this section is to facilitate the Department's access to information stored in a database for the purpose of assisting the Commissioner to—
a: verify whether borrowers are New Zealand-based or overseas-based for the purposes of the Student Loan Scheme Act 2011:
b: verify whether borrowers are New Zealand residents for the purposes of that Act:
c: verify whether borrowers are in New Zealand for the purposes of that Act:
d: locate, when they enter or leave New Zealand, borrowers who are in serious default in relation to a student loan.
50: Privacy Act 1993 amended
1: This section amends the Privacy Act 1993
2: Replace section 103(1C)
1C: Nothing in subsection (1) prevents the Commissioner of Inland Revenue from immediately taking action to recover amounts relating to—
a: unpaid amounts owed to the Commissioner by an individual who is in serious default identified in information supplied to the Commissioner under section 280H of the Customs and Excise Act 1996; or
b: financial support under the Child Support Act 1991 owed to the Commissioner by an individual who is identified in information supplied to the Commissioner under section 280K or 280L of the Customs and Excise Act 1996. 2013-03-30 Privacy Act 1993
51: Student Loan Scheme Amendment Act 2012 amended
1: This section amends the Student Loan Scheme Amendment Act 2012
2: Repeal sections 2(3) 57 2013-03-30 Student Loan Scheme Amendment Act 2012
52: Tax Administration Act 1994 amended
1: This section amends the Tax Administration Act 1994
2: In section 3(1) tax a pre-taxed repayment obligation, an other income repayment obligation, an end-of-year repayment obligation
3: In the Schedule Stamp Duty Abolition Act 1999 Student Loan Scheme Act 1992 2013-03-30 Tax Administration Act 1994 deemed to have come into force on 1 April 2012 Revocation
53: Revocation
The Student Loan Scheme Act 2011 (Transitional Provisions) Regulations 2012 2013-03-30 Student Loan Scheme Act 2011 (Transitional Provisions) Regulations 2012
2: Amendments to principal Act that apply for 2013–2014 and later tax years
54: Section 4 amended (Interpretation)
1: In section 4(1) loan balance
iva: an underestimation penalty; and .
2: In section 4(1) repayment obligation
c: any amount that must be paid by a borrower in accordance with a written notification under section 52:
d: end-of-year repayment obligation: .
3: In section 4(1) underestimation penalty section 161A .
55: Section 5 amended (Meaning of unpaid amount)
1: In section 5(1)(e) 1992 1992:
2: After section 5(1)(e)
f: an amount that must be paid by a borrower in accordance with a written notification under section 52:
g: a late filing penalty:
h: a student loan shortfall penalty:
i: an underestimation penalty.
56: Section 117 repealed (Overseas-based borrower's standard and Commissioner deductions satisfy overseas-based repayment obligation)
Repeal section 117
57: Section 119 replaced (Meaning of excess repayment)
Replace section 119
119: Meaning of excess repayment
1: An excess repayment
a: all repayment obligations of the borrower for the tax year; and
b: all penalties charged to the borrower for the tax year; and
c: the borrower's unpaid amounts.
2: In determining whether an excess repayment has been made, the Commissioner must—
a: disregard any standard deduction (other than a significant over-deduction) or Commissioner deductions for the purposes set out in section 49(1)(a); and
b: disregard a salary or wage deduction or a payment made to the Commissioner that is subsequently refunded; and
c: treat a borrower's repayment obligation as if any relief granted under section 147 had not been granted; and
d: disregard any fee refunded by an education provider to the loan manager or the Commissioner.
58: Section 139 amended (Late payment interest charged on unpaid amount)
1: In section 139(2)(a) 0.843% of the late payment interest rate multiplied by
2: After section 139(2)
3: In this section, late payment interest rate
59: Section 141 replaced (Monthly late payment interest written off if instalment arrangement complied with)
Replace section 141
141: Late payment interest reduced if instalment arrangement complied with
1: This section applies if—
a: a borrower is liable to pay late payment interest on an unpaid amount under section 139
b: the borrower has entered into an instalment arrangement in relation to the unpaid amount in accordance with section 154.
2: For each month that the borrower meets his or her obligations under the instalment arrangement, any late payment interest that the borrower is liable to pay on the unpaid amount for that month must be calculated as if, in the definition of late payment interest rate in section 139(3)
3: However, subsection (2)
60: Section 145 amended (Application of different types of relief for borrower)
After section 145(1)(a)
ab: relief from a penalty ( see section 146A .
61: Section 146 replaced (Commissioner may grant relief from late payment interest)
Replace section 146
146: Commissioner may grant relief from late payment interest
1: Subsection (2)
a: if a borrower has been charged with late payment interest; and
b: regardless of whether that late payment interest has been paid, either in whole or in part; and
c: if an application is made under section 145(1)(a) for relief from late payment interest.
2: The Commissioner may, having regard to the circumstances of the case and if the Commissioner considers it equitable to do so, grant relief to the borrower by cancelling as much of the late payment interest as the Commissioner considers equitable.
3: If late payment interest is cancelled,—
a: the borrower's consolidated loan balance is decreased by the amount of the cancelled late payment interest; and
b: if the late payment interest has been added to the borrower's unpaid amount under section 139 (whether calculated at the full late payment interest rate in accordance with section 139(2) or the reduced late payment interest rate in accordance with section 141
c: any payment made in excess of the remaining amount of late payment interest payable (if any) by the borrower (an excess payment
i: first, against any unpaid amount; and
ii: secondly, against the loan balance; and
d: the Commissioner must refund any remaining excess payment to the borrower ( see 1992 No 141 s 53 .
62: New section 146A and cross-heading inserted
After section 146 Relief from penalties
146A: Commissioner may grant relief from penalties
1: Subsection (2) applies—
a: if a borrower has been charged with a penalty; and
b: regardless of whether that penalty has been paid, either in whole or in part; and
c: if an application is made under section 145(1)(ab)
2: The Commissioner may, having regard to the circumstances of the case and if the Commissioner considers it equitable to do so, grant relief to the borrower by cancelling as much of the penalty as the Commissioner considers equitable.
3: For the purposes of this section, penalty
a: means—
i: a late filing penalty:
ii: an underestimation penalty:
iii: a student loan shortfall penalty; but
b: despite paragraph (a)(iii)
63: Section 147 amended (Hardship relief for any tax year)
Replace section 147(2
2: However, the Commissioner must not—
a: refund any amount that was deducted or paid to meet a repayment obligation for a tax year prior to the current tax year other than the tax year that immediately precedes the current tax year; or
b: decrease a repayment obligation if—
i: a student loan shortfall penalty has been imposed on a borrower under section 159 in relation to the tax year that the repayment obligation relates to; and
ii: for the purposes of the application of section 159 (as set out in section 158), the shortfall penalty for which the borrower was liable was imposed under section 141D or 141E of the Tax Administration Act 1994.
64: Section 159 amended (Commissioner may impose loan shortfall penalties)
In section 159(2) b is the amount of the repayment obligation shortfall (treating any relief granted under section 147 as if it had not been granted) .
65: New section 161A and cross-heading inserted
After section 161 Underestimation penalty
161A: Underestimation penalty where interim payments underestimated as at last interim payment date
1: A borrower is liable to pay an underestimation penalty if the borrower has estimated his or her end-of-year repayment obligation in respect of a tax year and, on the due date for the borrower's last interim payment for the tax year,—
a: the estimate applying is less than 80% of the borrower's end-of-year repayment obligation and is less than the borrower's total interim payments would have been had the borrower not estimated; and
b: the amount of the interim payments made on or before the due date for the borrower's last interim payment is less than 80% of the borrower's end-of-year repayment obligation for the year.
2: The amount of the underestimation penalty is calculated in accordance with the formula— a = (b − c) × 10% where— a is the amount of the underestimation penalty b is the borrower's end-of-year repayment obligation for the tax year c is the greater of—
i: the amount of the borrower's estimate, applying at the due date for payment of the last interim payment; and
ii: the amount of the interim payments paid on or before the due date for payment of the last interim payment.
3: A penalty imposed under this section is payable on or before the borrower's due date for payment of his or her terminal payment under section 81 or 85
66: Section 194 amended (Order in which salary or wage deduction offset against borrower's consolidated loan balance)
In section 194
2: The following must not be used to satisfy other repayment obligations, unpaid amounts, or penalties:
a: a standard deduction that is not a significant over-deduction:
b: a Commissioner deduction for the purposes of section 49(1)(a) that does not exceed the total amount specified under section 49(2)(b).
67: Section 196 amended (Cancellation of interest if consolidated loan balance repaid early)
1: In section 196(1)(a) on or before 31 March 2013
2: Repeal section 196(4)
68: Section 197 replaced (Write-off of consolidated loan balance)
Replace section 197
197: Write-off of consolidated loan balance
1: A borrower's consolidated loan balance must be reduced to zero if—
a: the borrower dies; or
b: the Commissioner has reasonable grounds for believing that the borrower has died.
2: The Commissioner may reduce a borrower's consolidated loan balance to zero if that balance is less than $20.
3: Subsection (1)(a)
4: Subsection (1)(b)
5: Subsection (2)
6: If a borrower's consolidated loan balance is reduced to zero under subsection (1)(a) or (2)
7: Subsection (6) 1992 No 141 s 60 .
69: Section 219 repealed (Early applications and issues of certificates for transition to this Act)
Repeal section 219
70: Schedule 7 repealed
Repeal Schedule 7
3: Amendments to principal Act that apply for 2014–2015 and later tax years
Amendments relating to meaning of adjusted net income
71: Section 4 amended (Interpretation)
In section 4(1) annual gross income annual total deduction pre-taxed income
72: Section 73 replaced (Meaning of adjusted net income)
Replace section 73
73: Meaning of adjusted net income
In this Act, adjusted net income net income Schedule 3 clause 15
73: Amendments consequential on repeal of definitions of annual gross income and annual total deduction
In the following provisions, replace annual gross income and annual total deductions adjusted net income sections 74(1) 76(1)(b) 79(2)(b) 83(1)(b) 114(2) and (4) 114A(2) 202(d) Schedule 1 clause 11(2)
74: New Schedule 3 inserted
After Schedule 2 Schedule 3 Schedule 3 Amendments relating to repeal of provisions on 10% bonus
75: Section 111 amended (Exceptions to repayment obligations of overseas-based borrowers)
In section 111(5)(b) subparagraph (iii)
76: Student Loan Scheme (Budget Measures) Amendment Act 2012 consequentially amended
1: This section amends the Student Loan Scheme (Budget Measures) Amendment Act 2012
2: In section 2(2) 8, 9 and 10(2) 8 and 10(2)
3: Repeal section 9 2014-04-01 Student Loan Scheme (Budget Measures) Amendment Act 2012 |
DLM4785500 | 2013 | Criminal Procedure Amendment Act 2013 | 1: Title
This Act is the Criminal Procedure Amendment Act 2013.
2: Commencement
This Act comes into force on 1 July 2013.
3: Principal Act
This Act amends the Criminal Procedure Act 2011 principal Act 2013-07-01 Criminal Procedure Act 2011
4: Section 5 amended (Interpretation)
In section 5 imprisonable offence
a: in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment:
b: in the case of a body corporate, an offence that would be punishable by imprisonment for life or by a term of imprisonment if the offence were committed by an individual .
5: Section 16 amended (Charging documents)
Replace section 16(2)(e)
e: except if the prosecution is a private prosecution brought by an individual,—
i: the name of the prosecuting organisation; and
ii: the particulars of an appropriate contact person in relation to the prosecution; and .
6: Section 31 amended (Charging document must be filed promptly)
In section 31(2) and in any event not less than 5 working days before the date on which the defendant is required by the summons to appear
7: Section 82 amended (Requirements for formal statements)
After section 82(4)
5: A formal written statement that satisfies the requirements of section 162 of the Summary Proceedings Act 1957 may be treated as a formal statement that satisfies the requirements of this section.
8: Section 138 replaced (Trial of different charges together)
Replace section 138
138: Trial of different charges together
1: The prosecutor may—
a: notify the court before which a proceeding is being conducted proposing that—
i: 2 or more charges be heard together; or
ii: the charges against 1 defendant be heard with charges against 1 or more other defendants:
b: amend a notification given under paragraph (a)
2: Despite subsection (1)
3: Charges must be heard together in accordance with any notification given under subsection (1)(a) subsection (1)(b)
a: does not grant leave where the prosecutor seeks leave under subsection (2)
b: makes an order under subsection (4)
4: If the court before which the proceeding is being conducted thinks it is in the interests of justice to do so, it may, on its own motion or on the application of a defendant, order that 1 or more charges against the defendant be heard separately.
5: An order under subsection (4)
a: if it is made during the course of a Judge-alone trial, the court must adjourn the trial of the charges in respect of which the trial is not to proceed; and
b: if it is made during the course of a jury trial, the jury must be discharged from giving a verdict on the charges on which the trial is not to proceed.
9: Section 157 amended (Transfer of proceedings to court at different place or different sitting)
1: In section 157(3) the Registrar a District Court presided over by 1 or more Justices or 1 or more Community Magistrates
2: After section 157(3)
3A: A Registrar may exercise the power specified in subsection (3).
10: Section 169 amended (Warrant for detention of defendant in hospital or secure facility)
In the heading to section 169 Warrant Order
11: Section 187 amended (Assumption of responsibility for Crown prosecutions by Solicitor-General)
After section 187(4)
5: No Crown prosecution is invalid only because the Crown—
a: did not assume responsibility for a prosecution in accordance with regulations made under this Act; or
b: assumed responsibility for a prosecution for which it should not have assumed responsibility.
12: Section 191 amended (Power of Solicitor-General or Crown prosecutor to add new charges)
Replace section 191(2)(b)
b: a notice filed under subsection (1)—
i: satisfies the requirements of section 138(1)
ii: section 138(2) .
13: Section 321 amended (Related appeals that are to be heard by Court of Appeal)
Replace section 321(2)
2: Appeals arising from the exercise of a related right of appeal by the convicted person or the prosecutor must be heard and determined by the Court of Appeal.
2A: Subsection (2)
14: Section 357 amended (Jurisdiction of Community Magistrates to impose sentence in respect of certain category 1 and 2 offences)
1: In the heading to section 357 1 and
2: Replace section 357(1)
1: This section applies to any category 2 offence (not being a continuing offence) in respect of which—
a: the maximum term of imprisonment that can be imposed does not exceed 3 months:
b: the sentence that can be imposed relates to an offence punishable by a community-based sentence and not punishable by a term of imprisonment.
3: After section 357(2)(m)
ma: make, under section 129A of that Act, a confiscation and destruction order in respect of a motor vehicle:
mb: make, under section 129B of that Act, an order that a written caution be issued and served: .
15: Section 358 amended (Power to impose penalties provided for in Land Transport Act 1998)
1: After section 358(1)(b)
ba: must, if that offence is an offence to which section 33 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 33 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the court, for special reasons relating to the offence, thinks fit to order otherwise: .
2: In section 358(1)(d) 56, 56, 57A,
3: In section 358(1)(e) 57 57 or 57AA(3)
4: In section 358(1)(g) Director New Zealand Transport Agency
5: After section 358(1)(g)
ga: may, if that offence is an offence to which section 65A(1) of the Land Transport Act 1998 applies, impose an alcohol interlock licence disqualification:
gb: must, if an alcohol interlock licence disqualification is imposed under section 65A of the Land Transport Act 1998,—
i: make, in addition to any other penalties it may impose, an order under section 65A(2)(a) disqualifying the person from holding any driver licence for a period of 3 months; and
ii: make an order under section 65A(2)(b) of the Land Transport Act 1998:
gc: must, if that offence is an offence to which section 65B(1) of the Land Transport Act 1998 applies, make an order authorising the person to apply for a zero alcohol licence that has effect for a period of 3 years from the date on which the licence is issued: .
6: After section 358(1)(h)
i: must, if that offence is an offence to which section 79D of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 79D of that Act disqualifying the person from holding or obtaining a transport service licence for 6 months or more, unless the court, for special reasons relating to the offence, thinks fit to order otherwise.
16: Section 361 replaced (Jurisdiction of Justices and Community Magistrates to take pleas)
Replace section 361
361: Jurisdiction of Justices and Community Magistrates to take pleas
1: A District Court presided over by 1 or more Justices or 1 or more Community Magistrates may—
a: receive a plea under section 37 from a defendant charged with an offence that is not a category 4 offence:
b: require a plea under section 39 from a defendant charged with an offence that is not a category 4 offence.
2: If the defendant indicates to the court exercising the power under subsection (1)
3: Subsection (2)
a: the defendant is entering a plea in respect of any offence to which section 357(1)
b: the court exercising jurisdiction under subsection (1)
4: Nothing in this section applies when a District Court presided over by 1 or more Justices or 1 or more Community Magistrates is exercising jurisdiction in accordance with section 355 or 356.
17: Section 380 replaced (Proceedings not invalid because defendant should have been dealt with in Youth Court)
Replace section 380
380: Proceedings not invalid because defendant should have been dealt with in Youth Court
1: This section applies if—
a: section 177(1) applies; or
b: the defendant—
i: is convicted of a category 3 offence punishable by a term of imprisonment exceeding 3 years; and
ii: did not elect a jury trial.
2: No conviction or order or other process or proceeding is invalid by reason only that at the time the defendant was convicted the defendant should by reason of his or her age have been dealt with in a Youth Court.
3: On the application of either party, a retrial of the charge may be granted under section 177.
4: If, at the time appointed for the retrial, the defendant is still a child or young person within the meaning of the Children, Young Persons, and Their Families Act 1989, the court must remit the proceedings to a Youth Court to be dealt with in that court.
18: Section 382 amended (Payment and recovery of fees)
Repeal section 382(6) and (7)
19: New section 385A inserted (Judge or Registrar may waive certain fees)
After section 385
385A: Judge or Registrar may waive certain fees
A Judge or Registrar may, subject to any terms or conditions that the Judge or Registrar thinks fit, waive the payment of a fee prescribed under section 387 for accessing documents (in whole or in part) if the Judge or Registrar is satisfied that the person is unable, or should not be required, to pay the fee.
20: New section 404A inserted (Access to court documents)
After section 404
404A: Access to court documents
Part 6 of the Criminal Procedure Rules 2012 applies, with any necessary modifications, to a request for access to court documents relating to a proceeding that was commenced prior to the commencement date as if that proceeding were a proceeding under the Criminal Procedure Act 2011.
21: New section 406A inserted (Savings)
After section 406
406A: Savings
The Witnesses and Interpreters Fees Regulations 1974, insofar as they apply to criminal proceedings, continue in force, and may be amended, as if they had been made under section 387.
22: Section 409 amended (Regulations making consequential amendments)
1: In section 409 before before, on, or after
2: In section 409(e) , or or
3: After section 409(e)
f: the Crimes Act 1961:
g: indictable indictment
h: committal
i: accused
23: Schedule 3 amended
1: In Schedule 3 Criminal Investigations (Bodily Samples) Act 1995 section 2(1) Definition of charged charged .
2: In Schedule 3 Criminal Investigations (Bodily Samples) Act 1995 section 24F(b)(i) Section 24J(1)(b): omit by way of summons by filing a charging document Section 24K(1)(b): omit by way of summons by filing a charging document
3: In Schedule 3 Criminal Investigations (Bodily Samples) Act 1995 section 26A(3)(b) Section 50C(4)(a): omit laid filed Section 50C(4)(b): omit laid filed
4: In Schedule 3 Extradition Act 1999 section 68(3) the court that made the determination the court to which the appeal is being taken
5: In Schedule 3 Fisheries Act 1996 section 237(1) Section 237(1): omit specified in subsection (1) of that section permitted by those rules
6: In Schedule 3 Insurance Law Reform Act 1977 Section 112A(3)(a) and (b) Section 12A(3)(a) and (b)
7: In Schedule 3 Policing Act 2008 section 33(4)(b) Section 34(3)(a): omit Crimes Act 1961, or under the Summary Proceedings Act 1957 Criminal Procedure Act 2011 Section 34(3)(b): omit committal process pre-trial
8: In Schedule 3 Local Government Act 2002 section 239(1) and (2) Section 239A(2) (as inserted by section 6 of the Local Government (Alcohol Reform) Amendment Act 2012): omit the laying of an information under the Summary Proceedings Act 1957, or by the filing of a notice of prosecution under section 20A of that Act filing a charging document under section 14 of the Criminal Procedure Act 2011
9: In Schedule 3 Local Government Act 2002 section 244(a) Section 244(1)(a) (as inserted by section 7 of the Local Government (Alcohol Reform) Amendment Act 2012): omit Summary Proceedings Act 1957 Criminal Procedure Act 2011 Section 244(2)(b) (as inserted by section 7 of the Local Government (Alcohol Reform) Amendment Act 2012): omit Summary Proceedings Act 1957 Criminal Procedure Act 2011
10: In Schedule 3 Misuse of Drugs Act 1975 served section 31(5) Definition of served in accordance with sections 24 to 29 of the Summary Proceedings Act 1957 as if the certificate were a document required to be served in accordance with rules made under the Criminal Procedure Act 2011
11: In Schedule 3 Parole Act 2002 section 107G(7) Section 107G(8): omit form that form for which the content
12: In Schedule 3 International Criminal Court Regulations 2004 regulation 6(2) Regulation 6(2): omit section 24 of the Summary Proceedings Act 1957 as if references in that section to the defendant were references to the person required to be served rules in relation to service of a summons made under the Criminal Procedure Act 2011 that apply (with all necessary modifications) Regulation 7: revoke.
13: In Schedule 3 International War Crimes Tribunals Regulations 1995 regulation 4(2) Regulation 4(2): omit “provisions of section 24 of the Summary Proceedings Act 1957 as if references in that section to the defendant were references to the person required to be served” and substitute “rules in relation to service of a summons made under the Criminal Procedure Act 2011 that apply (with all necessary modifications)”. Regulation 4(3): revoke.
14: In Schedule 3 Mutual Assistance in Criminal Matters Regulations 1993 regulation 4(2) Regulation 4(2): omit “provisions of section 24 of the Summary Proceedings Act 1957 as if references in that section to the defendant were references to the person required to be served” and substitute “rules in relation to service of a summons made under the Criminal Procedure Act 2011 that apply (with all necessary modifications)”. Regulation 4(3): revoke.
24: Further amendments to principal Act
Amend the principal Act as set out in the Schedule |
DLM4807401 | 2013 | Education Amendment Act 2013 | 1: Title
This Act is the Education Amendment Act 2013.
2: Commencement
1: Sections 28 41
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 Education Act 1989 principal Act 2013-06-13 Education Act 1989 The rest of this Act comes into force on the day after the date on which it receives the Royal assent. 2014-01-01 Education Act 1989 Sections 28 and 41
1: Amendments to principal Act
Right to free primary and secondary education
4: Section 2 amended (Interpretation)
1: In section 2(1) partnership school contract section 158D partnership school kura hourua
a: the Minister has approved a sponsor under section 158B
b: a partnership school contract is in force primary partnership school kura hourua section 158B sponsor section 158B
2: In section 2(1) principal principal
3: In section 2(1) registered school registered school
5: Section 3 amended (Right to free primary and secondary education)
In section 3 State school or partnership school kura hourua
6: Section 7A amended (Certain domestic students may be required to pay fees for tuition from correspondence schools)
Replace section 7A(1)(ab)
ab: domestic student enrolled at a school registered under section 35A; or Expulsion and exclusion of students and attendance at school
7: Section 16 amended (Secretary's powers when excluded student younger than 16)
1: After section 16(1)(b)
ba: arrange for and, if necessary, direct the sponsor of a partnership school kura hourua to enrol the student at the partnership school kura hourua; or
2: After section 16(2)
2A: The Secretary may not give a direction under subsection (1)(ba) unless—
a: the student's parents agree to the direction; and
b: the Secretary has made all reasonable attempts to consult the student, the sponsor, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student's education or welfare.
3: After section 16(4)
5: A sponsor must comply with a direction under subsection (1)(ba), and the direction overrides any enrolment process the partnership school kura hourua may have in place.
8: Section 17D amended (Re-enrolment of excluded or expelled student)
1: Replace section 17D(2)
2: Subject to sections 16(1)(b) and 158R(1)(b), the board of a State school may refuse to enrol a student who is for the time being excluded or expelled (whether under section 15 or 17) from another State school or a partnership school kura hourua.
2: In section 17D(3)(a) expelled from a State school
3: After section 17D(3
3A: The Secretary may, in the case of a student who has turned 16, direct the sponsor of a partnership school kura hourua to enrol the student at the school if—
a: the student has been expelled from a State school under section 17; and
b: the student's parents agree to the enrolment; and
c: the Secretary has made all reasonable attempts to consult the student, the sponsor, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student's education or welfare.
4: After section 17D(4)
5: A sponsor must comply with a direction under subsection (3A), and the direction overrides any enrolment process the partnership school kura hourua may have in place.
9: Section 25 amended (Students required to enrol must attend school)
1: In section 25(2) board and every sponsor of a partnership school kura hourua
2: After section 25(4)
5: Nothing in subsections (1) to (3) applies to an affected student.
6: An affected student must attend school for the whole of the time period (or periods) each day during which the student's timetable is running.
7: A board or a sponsor that is running a multiple timetable arrangement must take all reasonable steps to ensure that an affected student attends the school for the whole of the time period (or periods) each day during which the student's timetable is running.
8: In this section,— affected student multiple timetable arrangement
10: Section 31 amended (Ensuring attendance of students)
1: After section 31(1)
1A: A sponsor of a partnership school kura hourua may appoint any person to be an attendance officer for the school.
2: In section 31(2) boards or sponsors, or a board and a sponsor jointly
3: After section 31(3
3A: Every sponsor must, by any means the sponsor thinks appropriate, take all reasonable steps to ensure the attendance of students enrolled at its school.
4: In section 31(7)
a: after officer, a sponsor,
b: after board , a sponsor,
5: After section 31(8)
8A: A certificate signed on behalf of a sponsor showing that a person named in it is appointed for any purpose under this section is sufficient evidence of the matters specified in the certificate; and the authenticity or authority of any signature on behalf of a sponsor may not in any proceedings under this Part of this Act be inquired into or disputed.
6: After section 31(9)
10: This section applies to an affected student (within the meaning of section 25(8) Secondary-tertiary programmes
11: Section 31B amended (Provider group for secondary-tertiary programme)
After section 31B(1)(a)(i)
ia: a sponsor of a partnership school kura hourua, other than a partnership school kura hourua that is only a primary partnership school kura hourua:
12: Section 31F amended (Recognition as lead provider of secondary-tertiary programme)
After section 31F(a)
ab: a sponsor of a partnership school kura hourua, other than a partnership school kura hourua that is only a primary partnership school kura hourua:
13: Section 31G amended (Lead provider to co-ordinate secondary-tertiary programme)
After section 31G(2)(a)
ab: a sponsor of a partnership school kura hourua, other than a partnership school kura hourua that is only a primary partnership school kura hourua:
14: Section 31I amended (Entry into secondary-tertiary programme)
After section 31I(1)(b)
ba: a partnership school kura hourua, other than a partnership school kura hourua that is only a primary partnership school kura hourua: Multiple timetable arrangements
15: New section 65DA inserted (Multiple timetable arrangements)
After section 65D
65DA: Multiple timetable arrangements
1: The Minister may authorise a board to run a multiple timetable arrangement for a specified period at a specified school if—
a: the Minister is satisfied that the board has adequately consulted parents, staff, and the local community about the proposed multiple timetable arrangement; and
b: the Minister considers that the proposed multiple timetable arrangement is appropriate in the circumstances.
2: An authorisation under subsection (1) must be given either unconditionally or subject to any conditions that the Minister considers appropriate.
3: A board must take all reasonable steps to notify every affected student and his or her parents in writing of—
a: a multiple timetable arrangement authorised under subsection (1); and
b: the time periods for each day during which the affected student's timetable will run.
4: In this section, affected student multiple timetable arrangement section 25(8) Functions and powers of boards
16: Section 75 replaced (Boards to control management of schools)
Replace section 75
75: Functions and powers of boards
1: A school's board must perform its functions and exercise its powers in such a way as to ensure that every student at the school is able to attain his or her highest possible standard in educational achievement.
2: Except to the extent that any enactment or the general law of New Zealand provides otherwise, a school's board has complete discretion to control the management of the school as it thinks fit. Enrolment records
17: Section 77A amended (Enrolment records)
After section 77A(4)
5: In this section, principal
6: In subsection (5), partnership school kura hourua sponsor Annual financial statements of boards
18: Section 87C amended (Annual financial statements of boards)
Replace section 87(2) and (3)
2: The Minister must make available (including, without limitation, by electronic means) to a member of Parliament on request from that member of Parliament any statement provided to the Secretary under subsection (1).
3: The statement must be made available not later than 1 month after the request was received by the Minister. School boards
19: Section 98 replaced (Boards of newly established schools)
Replace section 98
98: Boards of newly established schools
1: Despite section 94, the trustees of the board of a newly established State school are,—
a: at the option of the Minister,—
i: 5 people appointed by the Minister; or
ii: 5 people elected by the parents of students (other than adult students) likely to be enrolled at the school in the year it opens or the next year; and
b: the principal or principal designate (if any); and
c: not more than 4 people co-opted by the board.
2: Subsection (1) continues to apply to the membership of the board until the trustees go out of office under subsection (3).
3: A trustee appointed, elected, or co-opted under subsection (1) goes out of office—
a: at the close of the day before the date on which the trustees who have been elected under section 101 take office under section 102; or
b: at the close of the day before the date on which the trustees who have been elected, appointed, or co-opted in accordance with a notice issued under section 105A take office.
4: Subject to section 103, any trustee appointed, elected, or co-opted under subsection (1) is eligible to be appointed, elected, or co-opted as a trustee.
20: Section 101 amended (Elections of trustees)
1: In section 101(7) subsection (8) subsections (8) and (8A)
2: After section 101(8)
8A: If the Minister approves an alternative constitution for a newly established school under section 105A, subsection (7) does not apply and the first elections (if any) for, and the first meeting of, the board of such a school must be held in accordance with a notice under section 105A.
21: Section 105A amended (Minister may approve alternative constitution in certain cases)
Replace section 105A(1)
1: The Minister may from time to time, by notice in the Gazette
1A: The Minister may not approve an alternative constitution for a board unless the Minister has reasonable cause to believe that an alternative constitution is in the best interests of the school or schools governed by the board.
1B: Subject to subsections (1A) and (1C), the Minister may not approve an alternative constitution unless—
a: 1 of the following applies:
i: the Chief Review Officer, in a written report, recommends that the Minister consider devising an alternative constitution; or
ii: 20% or more of the parents of children enrolled at the school or schools have requested an alternative constitution; or
iii: the board has requested an alternative constitution; and
b: the Minister has consulted such persons or organisations as the Minister considers appropriate.
1C: Subsection (1B) does not apply if—
a: the alternative constitution is the successor constitution for a board that was appointed or elected under section 98(1)
b: the alternative constitution is approved for a combined board before the date specified in a notice under section 110(1); or
c: the alternative constitution is for the board of a continuing school and the Minister has given notice under section 156A(4)(b)
22: Section 110 amended (Boards may combine)
Repeal section 110(1)(ba) Teacher registration
23: Section 120 amended (Interpretation)
1: In section 120 employer
ab: the sponsor of a partnership school kura hourua:
2: In section 120 professional leader school other than a partnership school kura hourua
3: In section 120 professional leader
ab: in the case of a partnership school kura hourua, the person to whom the sponsor has assigned the role of supervising teaching practice:
4: In section 120 partnership school kura hourua sponsor
24: Section 120A amended (Restrictions on appointment of teachers)
In section 120A(2) employer , other than a sponsor,
25: Section 120B amended (Restrictions on continued employment of teachers)
1: In section 120B(2) employer , other than a sponsor,
2: In section 120B(3) No employer , other than a sponsor,
26: Section 137 amended (Offences)
1: In section 137(1)(fb) and the board of a State school, the managers of a school registered under section 35A, or the person or body who appoints staff at an early childhood education and care service,
2: In section 137(1)(h) an employer other than a sponsor Corporal punishment
27: Section 139A amended (No corporal punishment in early childhood services or registered schools)
1: After section 139A(1)(b)
ba: is employed by the sponsor of a partnership school kura hourua at or in respect of the school; or
2: After section 139A(2)(b)
ba: on behalf of a sponsor of a partnership school kura hourua any student enrolled at or attending the school; or Surrender and retention of property and searches
28: New sections 139AAA to 139AAI inserted
After section 139A
139AAA: Surrender and retention of property
1: This section applies if a teacher or an authorised staff member has reasonable grounds to believe that a student has hidden or in clear view on or about the student's person, or in any bag or other container under the student's control, an item that is likely to—
a: endanger the safety of any person; or
b: detrimentally affect the learning environment.
2: If this section applies, the teacher or authorised staff member may require the student to produce and surrender the item.
3: If the item is stored on a computer or other electronic device, the teacher or authorised staff member may require the student—
a: to reveal the item:
b: to surrender the computer or other electronic device on which the item is stored.
4: A teacher or an authorised staff member may do either or both of the following to an item surrendered under this section:
a: retain the item for a reasonable period:
b: dispose of the item (if appropriate).
5: A teacher or an authorised staff member may retain a computer or other electronic device surrendered under subsection (3)(b) for a reasonable period.
6: If an item or a computer or other electronic device is retained under this section, it must be stored in an appropriate manner.
7: At the end of any period of retention, any computer or other electronic device, or any item that is not disposed of under subsection (4)(b), must be—
a: returned to the student; or
b: passed to another person or agency, as appropriate.
8: A teacher or an authorised staff member who exercises a power under this section must comply with any rules made under section 139AAH
9: In this section and sections 139AAB to 139AAI authorised staff member
a: when used in this section, to exercise powers under this section; and
b: when used in section 139AAB item student teacher
10: An authorisation referred to in the definition of authorised staff member in subsection (9) must be in writing and may be subject to conditions.
139AAB: Searches of clothing and bags or other containers
1: This section applies if—
a: a teacher or an authorised staff member has reasonable grounds to believe that a student has on or about the student's person, or in any bag or other container under the student's control, a harmful item; and
b: the teacher or authorised staff member has required the student to produce and surrender the harmful item under section 139AAA
2: If this section applies, the teacher or authorised staff member may do any of the following:
a: require the student to remove any outer clothing, except where the student has no other clothing, or only underclothing, under that outer clothing:
b: require the student to remove any head covering, gloves, footwear, or socks:
c: require the student to surrender the bag or other container.
3: The teacher or authorised staff member may search any clothing or footwear removed, and any bag or other container surrendered, under subsection (2).
4: If, during a search under this section, the teacher or authorised staff member finds a harmful item or an item that is likely to detrimentally affect the learning environment, the item may be seized by the teacher or authorised staff member and section 139AAA(4) to (7)
5: A teacher or an authorised staff member who exercises a power under this section must comply with any rules made under section 139AAH
6: In this section, section 139AAD, and section 139AAF harmful item outer clothing socks
139AAC: Restrictions on searches under section 139AAB
1: A teacher or an authorised staff member who carries out a search under section 139AAB
2: Unless impracticable, a search under section 139AAB
a: by a teacher or an authorised staff member who is of the same sex as the student; and
b: in the presence of the student and another teacher or authorised staff member who is of the same sex as the student.
3: Unless impracticable, a search under section 139AAB
4: A teacher or an authorised staff member who carries out a search under section 139AAB
a: return any clothing or footwear removed and any bag or other container surrendered as soon as the search is completed; and
b: keep a written record of any items seized under section 139AAB(4)
139AAD: Limitations on sections 139AAA and 139AAB
1: Nothing in section 139AAA or 139AAB
a: to search any student; or
b: to use physical force against a student; or
c: to require a student to provide a bodily sample (but a teacher or staff member may encourage a student to participate in a voluntary drug treatment programme that involves testing of bodily samples).
2: Nothing in section 139AAA or 139AAB
3: The powers set out in sections 139AAA and 139AAB
4: Nothing in subsection (1) limits or affects sections 15 and 17 of this Act or sections 41, 48, and 59 of the Crimes Act 1961.
5: In this section,— rub-down search
a: runs or pats his or her hand over the body of the person being searched, whether outside or inside the clothing of the person being searched:
b: inserts his or her hand inside any pocket or pouch in the clothing of the person being searched search
a: a strip search; and
b: a rub-down search strip search
a: remove any of the latter person's clothing other than outer clothing, head covering, gloves, footwear, or socks; or
b: raise, lower, or open all or any part of the latter person's clothing.
139AAE: Prohibitions on searches by contractors
1: A contractor may not—
a: exercise any power in section 139AAA or 139AAB
b: search a student.
2: However, a contractor may bring a dog that is trained for the purpose of searching to a school and use the dog for the purpose of searching school property (including lockers, desks, or other receptacles provided to students for storage purposes).
3: In this section, contractor
139AAF: Refusal to reveal, produce, or surrender item
1: If a student refuses to reveal, produce, or surrender an item or computer or other electronic device under section 139AAA(2) or (3)
2: If a student refuses to remove any outer clothing, head covering, gloves, footwear, or socks or to surrender a bag or other container under section 139AAB(2)
139AAG: Power to search storage containers not affected
Nothing in section 139AAA or 139AAB
139AAH: Rules about surrender and retention of property and searches
1: The Secretary must make rules (which must be consistent with this Act) regulating the practice and procedure to be followed by boards, principals, teachers, and authorised staff members under sections 139AAA to 139AAF
a: providing for the keeping of written records relating to the use of the powers under section 139AAA
b: prescribing requirements relating to the keeping of written records under section 139AAB
c: prescribing the procedure for authorising staff members to exercise powers or carry out functions under sections 139AAA to 139AAI
d: specifying the circumstances in which items may be disposed of under section 139AAA(4)(b)
e: setting out requirements for the storage of items and computers and other electronic devices under section 139AAA(6)
f: making provision for the return of items and computers and other electronic devices under section 139AAA(7)(a)
2: Rules made under this section are a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
139AAI: Guidelines about surrender and retention of property and searches
1: The Secretary must issue guidelines for the exercise of powers and carrying out of functions under sections 139AAA to 139AAH
2: Boards, principals, teachers, and authorised staff members must have regard to guidelines issued under subsection (1). Secretary may require information for proper administration of Act
29: Section 144A amended (Secretary may require information for proper administration of Act)
1: After section 144A(1)(a)
ab: the sponsor of any partnership school kura hourua; or
2: In section 144A(1) the board, sponsor, Merging schools
30: Section 156A replaced (Minister may merge schools)
Replace section 156A
156A: Minister may merge schools
1: Subject to sections 156B and 157, the Minister may, by notice in the Gazette merging schools continuing school
a: each board of a school concerned has made reasonable efforts to consult the parents of students (other than adult students) enrolled full-time at the school about the proposed merger; and
b: the consultation that has taken place has been adequate in all the circumstances; and
c: the creation of a single school by the proposed merger is appropriate in the circumstances.
2: A notice under subsection (1) takes effect on a day (not earlier than the end of the term after the term during which the notice is published) specified in the notice, and has effect as follows:
a: the merging schools are part of the continuing school:
b: if the continuing school and each merging school are not already administered by a single board,—
i: the board of each merging school is dissolved; and
ii: all rights, assets, liabilities, and debts of each merging school are vested in the board of the continuing school:
c: the continuing school is a school of the class specified in the notice and provides education for the student class levels specified in the notice.
3: A notice under subsection (1) does not affect the name of the continuing school.
4: Before a notice under subsection (1) takes effect, the Minister must give notice in the Gazette
a: during the period between a date specified in the notice and the date on which new trustees take office following an election (the interim period
i: the board of the continuing school plus co-opted trustees representing each merging school (a continuing board
ii: a board appointed by the Minister (an appointed board
b: the board of the continuing school is to have an alternative constitution approved under section 105A.
156AB: Election or appointment of boards of continuing schools
1: If the notice under section 156A(4)
a: the board of the continuing school must, within 28 days after the date of that notice, co-opt at least 1 trustee in respect of each of the merging schools so that each merging school is represented on the continuing board; and
b: each of those co-opted trustees holds office until the end of the interim period (unless replaced earlier); and
c: section 94C (which limits the co-option and appointment of trustees) does not apply to trustees co-opted for an interim period.
2: If the notice under section 156A(4)
a: the notice must specify the constitution of the appointed board during the interim period, including how many trustees (if any) the board may co-opt; and
b: the Minister is not bound by section 94 in determining the constitution of the appointed board.
3: When a board is appointed by the Minister,—
a: the trustees of the continuing school go out of office at the close of the day before the start of the interim period; and
b: the trustees of the appointed board take office on the date of the start of the interim period.
4: A continuing board or an appointed board may make decisions and exercise powers during the interim period both for the purposes of the continuing school before the merger and for the purpose of providing and preparing for the continuing school after the merger has taken effect.
5: Unless the board of the continuing school was (immediately before the merger took effect) a combined board established under section 110, an appointed board or a continuing board that replaces it must hold elections for a new board on a day that is not later than 3 months after the date the merger takes effect.
6: If an appointed board or a continuing board is required by subsection (5) to hold elections for a new board, all its elected, appointed, and co-opted trustees holding office immediately before the election day go out of office on the close of the day before the date on which the newly elected trustees are to take office.
7: If the merger takes effect after 31 October in the year before an election year and before 31 December in that election year, a board that is required to hold an election under subsection (5) does not have to hold the election until the next election year.
156AC: Alternative constitutions for continuing schools
1: If a notice under section 156A(4)
2: The date in subsection (1) must be before the date that the notice under section 156A(1)
3: The trustees of the continuing school go out of office at the close of the day before the date specified under subsection (1).
4: A board established under section 105A may make decisions and exercise powers both for the purposes of the continuing school before the merger and for the purpose of providing and preparing for the continuing school after the merger has taken effect. Partnership schools kura hourua
31: New Part 12A inserted
After section 158
12A: Partnership schools kura hourua
158A: Interpretation
In this Part, unless the context otherwise requires,— body composite partnership school kura hourua section 158B partnership school contract primary partnership school kura hourua secondary partnership school kura hourua section 158B sponsor Approval and operation of partnership schools kura hourua
158B: Minister may approve sponsors
1: The Minister may by notice in the Gazette
2: The Minister has absolute discretion to refuse to approve a body to be a sponsor under subsection (1).
3: A notice under subsection (1) must include—
a: the name of the sponsor; and
b: the place where the school is to be located; and
c: the name of the school; and
d: whether the school is to be a primary, secondary, or composite partnership school kura hourua; and
e: the class levels for which education may be given at the school; and
f: any religious, philosophical, or other distinguishing characteristic of the school; and
g: whether all or any (and if so, which) class levels of the school are to be single-sex.
4: A notice under subsection (1) may provide for different class levels to be phased in over a specified period or specified periods.
158C: Minister must appoint advisory group
1: The Minister must appoint an advisory group, consisting of 1 or more members, for the purpose of advising the Minister in relation to—
a: the approval of sponsors under section 158B
b: the educational performance of partnership schools kura hourua.
2: The members of the advisory group must be appointed by the Minister, on terms and conditions to be determined by the Minister, by written notice to each member.
3: The Minister may define and vary the terms of reference of the advisory group as the Minister thinks fit.
4: The advisory group must comply with any terms of reference determined by the Minister under subsection (3).
5: The advisory group may determine its own procedure.
6: Every member of an advisory group appointed under subsection (1) is entitled—
a: to receive remuneration not within paragraph (b) for services as a member of the advisory group at a rate and of a kind determined by the Minister in accordance with the fees framework; and
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her duties as a member of the advisory group.
7: For the purposes of subsection (6), fees framework
158D: Partnership school contracts
1: The Minister may from time to time, in the name and on behalf of the Crown, enter into a contract with a sponsor for the operation, by that sponsor, of a partnership school kura hourua.
2: A partnership school contract must be for a fixed term.
3: A partnership school contract must provide for—
a: objectives and performance standards for the sponsor in relation to the operation of the school; and
b: reporting requirements of the sponsor in relation to—
i: the objectives and performance standards of the sponsor under the contract; and
ii: any relevant national standards published under section 60A(1)(ba); and
c: the maximum roll of the school; and
d: the number or percentage of teaching positions (within the meaning of section 120) that must be filled by registered teachers or holders of limited authority to teach; and
e: the curriculum to be taught at the school; and
f: the qualifications to be offered by the school (if it is a secondary or composite partnership school kura hourua); and
g: a procedure for the independent review of complaints against the school; and
h: powers of intervention in the school by the Minister and the Secretary; and
i: the termination of the contract for breach of contract; and
j: the obligations of the sponsor, in the event of the termination or expiry of the contract, to co-operate with the Minister and to comply with any instructions issued by the Minister in order to ensure the orderly and efficient transfer of the operation of the school.
4: A partnership school contract may contain other provisions, as agreed between the Minister and the sponsor, that are not inconsistent with—
a: this Act; or
b: any regulations made under this Act.
158E: Complaints
1: A person who refers a complaint about a sponsor to the Ombudsman may refer a complaint to a reviewer in respect of the same matter.
2: Subsection (1) applies—
a: irrespective of whether or not the Ombudsman's investigation is complete at the time of the referral to the reviewer; and
b: if that investigation is complete at the time of the referral to the reviewer, irrespective of the outcome of that investigation.
3: A person who refers a complaint to a reviewer about a matter that is within the jurisdiction of the Ombudsman may refer a complaint to the Ombudsman in respect of the same matter.
4: Subsection (3) applies—
a: irrespective of whether or not the reviewer's investigation is complete at the time of the referral to the Ombudsman; and
b: if that investigation is complete at the time of the referral to the Ombudsman, irrespective of the outcome of that investigation.
5: Subsection (3) is subject to section 17 of the Ombudsmen Act 1975.
6: In this section,— Ombudsman reviewer
158F: Prohibitions on operation of partnership schools kura hourua
1: A body that is not approved to be a sponsor under section 158B may not operate or purport to operate a partnership school kura hourua.
2: A sponsor may not operate a partnership school kura hourua unless there is in place a partnership school contract between the Minister and the sponsor.
158G: Sponsor's duties
A sponsor of a partnership school kura hourua must—
a: provide a safe physical and emotional environment for students; and
b: ensure that the school delivers a curriculum that is in line with any foundation curriculum policy statements published under section 60A(1)(aa); and
c: assign the functions of the principal under the sections specified in section 158U(1)
d: assign the role of supervising teaching practice to an appropriately qualified person; and
e: at intervals specified in the partnership school contract, inform parents of—
i: the progress of their children at the school; and
ii: any barriers to progress.
158H: Sponsor to control management of partnership school kura hourua
1: A sponsor of a partnership school kura hourua must perform the sponsor's functions and exercise the sponsor's powers in such a way as to ensure that every student at the school is able to attain his or her highest possible standard in educational achievement.
2: A sponsor of a partnership school kura hourua has complete discretion to control the management of the school as the sponsor thinks fit.
3: Subsection (2) is subject to any enactment, the general law of New Zealand, and the partnership school contract.
158I: School rules
1: A sponsor of a partnership school kura hourua may make any rules the sponsor thinks necessary or desirable for the control and management of the school.
2: Subsection (1) is subject to any enactment, the general law of New Zealand, and the partnership school contract.
158J: Sponsor's power to delegate
1: A sponsor may delegate any of the functions or powers of the sponsor under this Act, either generally or specifically, to any person or group of persons.
2: A delegation under this section must be in writing.
3: The sponsor must not delegate the general power of delegation.
4: The sponsor must not delegate the functions of the sponsor in sections 13 to 18 (as applied by section 158U section 158V
5: A delegate to whom any functions or powers of a sponsor are delegated may,—
a: unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the delegate were the sponsor; and
b: delegate the function or power only—
i: with the prior written consent of the sponsor; and
ii: subject to the same restrictions and with the same effect as if the subdelegate were the delegate.
6: A delegate who purports to perform a function or exercise a power under a delegation—
a: is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation; and
b: must produce evidence of his or her authority to do so, if reasonably requested to do so.
7: No delegation in accordance with this Act—
a: affects or prevents the performance of any function or the exercise of any power by the sponsor; or
b: affects the responsibility of the sponsor for the actions of any delegate acting under the delegation; or
c: is affected by any change in the constitution of the sponsor.
8: A delegation may be revoked at will by written notice to the delegate.
9: A delegation under subsection (5)(b) may be revoked at will by written notice of the delegate to the subdelegate.
158K: Annual financial statements of partnership schools kura hourua
1: On a date specified in the partnership school contract, a sponsor of a partnership school kura hourua must give to the Secretary annual financial statements relating to the school for the year ending on a date specified in the contract.
2: The financial statements must be prepared in accordance with the partnership school contract.
3: The financial statements must have been audited by a chartered accountant.
158L: Partnership school kura hourua may participate in school risk management scheme
1: A sponsor may, with the consent of the Secretary, participate in a school risk management scheme established under section 78D(2).
2: Sections 78D to 78G, any regulations made under section 78F, and any legal instrument by which a school risk management scheme is established apply to any sponsor that participates in the scheme as if it were a participating school board.
158M: Intervention in partnership school kura hourua by Secretary
1: This section applies if the Secretary has reasonable grounds to believe—
a: that—
i: there exists in respect of a partnership school kura hourua an emergency affecting the education or welfare of its students; or
ii: there is an imminent threat of such an emergency; and
b: that the sponsor of the school is unwilling or unable to immediately deal with that emergency or, as the case requires, that threat to the satisfaction of the Secretary.
2: If this section applies, the Secretary may take over the management of the school from the sponsor for any period that the Secretary considers necessary in order to deal with the emergency or threatened emergency, and for that purpose the Secretary—
a: has and may exercise and perform, in respect of the school, all of the powers and functions that would otherwise be exercisable or performed by the sponsor:
b: has all other powers necessary or desirable.
3: If the Secretary takes over the management of a school under this section, the Secretary must immediately give written notice to the sponsor of that action, and of the reasons for that action.
4: This section applies despite anything in any partnership school contract, and nothing in this section limits or affects—
a: any other right or remedy available to the Secretary or the Crown, whether under any partnership school contract or otherwise; or
b: any liability of the sponsor under the partnership school contract or otherwise.
5: Neither the Secretary, nor the Crown, nor any other person acting by or under the authority of the Secretary is under any civil or criminal liability for anything the Secretary or any such person may do or fail to do in the course of the exercise or performance or intended exercise or performance of any powers or functions under this section, unless it is shown that the Secretary or that other person acted, or failed to act, in bad faith. Enrolment in partnership schools kura hourua
158N: Enrolment in partnership schools kura hourua
1: If a partnership school kura hourua receives more applications than there are places at the school, the order of priority in which applicants are to be offered places at the school is as follows:
a: first priority must be given to any applicant who is the sibling of a current student of the school:
b: second priority must be given to any student who is the sibling of a former student of the school:
c: third priority must be given to all other applicants.
2: If there are more applicants in any of the priority groups than there are places available, selection within the priority group must be by ballot.
3: If 2 or more siblings apply for places at the school at the same time, the applications of those siblings must be dealt with as a single application for the purposes of the ballot.
4: In this section, sibling
158O: Equal rights to primary and secondary education in partnership schools kura hourua
1: People who have special educational needs (whether because of disability or otherwise) have the same rights to enrol and receive education at partnership schools kura hourua as people who do not.
2: Nothing in subsection (1) affects or limits—
a: those provisions of Part 2 and this Part that relate to the suspension, expulsion, and exclusion of students from partnership schools kura hourua; and
b: section 158N
158P: Special education in partnership schools kura hourua
Despite sections 5 and 6 (as applied by section 158U
a: a person with special educational needs who is under 21 and who turns 14 in any year may, in any later year, be or continue to be enrolled at a primary partnership school kura hourua, or in a class below form 3 at a composite partnership school kura hourua; and
b: a person under 21 with special educational needs may be or continue to be enrolled at a secondary partnership school kura hourua, or in a class above form 2 at a composite partnership school kura hourua, who, in the opinion of the Secretary,—
i: has not completed the work of form 2; and
ii: has not completed work equivalent to the work of form 2; and
c: a person under 21 with special educational needs may be or continue to be enrolled at a secondary partnership school kura hourua, or in a class above form 2 at a composite partnership school kura hourua, on or after 1 January after the person's 19th birthday. Multiple timetable arrangements
158Q: Multiple timetable arrangements in partnership schools kura hourua
1: A sponsor may run a multiple timetable arrangement at a partnership school kura hourua for a specified period if the sponsor is satisfied that the arrangement is appropriate in the circumstances.
2: A sponsor must take all reasonable steps to notify every affected student and his or her parents in writing of—
a: the multiple timetable arrangement; and
b: the time periods for each day during which the affected student's timetable will run.
3: In this section, affected student multiple timetable arrangement section 25(8) Exclusions
158R: Secretary's powers when student younger than 16 is excluded from partnership school kura hourua
1: If the Secretary is satisfied that the sponsor of a partnership school kura hourua has excluded a student who is younger than 16 from the school under section 15(1)(c) (as applied by section 158U
a: if satisfied that it is appropriate for the student to return to the school from which the student has been excluded, lift the exclusion; or
b: arrange for and, if necessary, direct the board of a State school (that is not an integrated school) to enrol the student at the State school; or
c: arrange for and, if necessary, direct a sponsor of another partnership school kura hourua to enrol the student at the other school; or
d: direct a parent of the student to enrol the student at a correspondence school.
2: The Secretary may not give a direction under subsection (1)(b), or lift an exclusion under subsection (1)(a), unless the Secretary has also made all reasonable attempts to consult the student, the student's parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student's education or welfare.
3: The Secretary may not give a direction under subsection (1)(c) unless—
a: the student's parents agree; and
b: the Secretary has made all reasonable attempts to consult the student, the sponsor, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student's education or welfare.
4: If the sponsor of the school from which the student has been excluded is also the sponsor of another school, the Secretary (in exercising the power conferred by subsection (1)(c)) may direct the sponsor to enrol the student at that other school.
5: A board must comply with a direction under subsection (1)(b), and the direction overrides the provisions of any enrolment scheme the school may have in place.
6: A sponsor must comply with a direction under subsection (1)(c), and the direction overrides the provisions of any enrolment scheme the school may have in place.
158S: Re-enrolment by partnership school kura hourua of student excluded or expelled
1: The sponsor of a partnership school kura hourua from which a student has ever been excluded or expelled (whether under section 15 or 17 as applied by section 158U section 158R(1)(a)
2: Subject to sections 16(1)(ba) and 158R(1)(c) section 158U
3: The Secretary may, in the case of a student who has turned 16, direct the sponsor of another partnership school kura hourua to enrol the student at the school if—
a: the student has been expelled from a partnership school kura hourua under section 17 (as so applied); and
b: the student's parents agree to the enrolment; and
c: the Secretary has made all reasonable attempts to consult the student, the sponsor, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student's education or welfare.
4: The Secretary may, in the case of a student who has turned 16, direct the board of a State school to enrol the student at the school if—
a: the student has been expelled from a partnership school kura hourua under section 17 (as so applied); and
b: the Secretary has made all reasonable attempts to consult the student, the student's parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student's education or welfare. Courses and visits
158T: Courses and visits outside partnership school kura hourua premises
A sponsor of a partnership school kura hourua may authorise any students to do any of the following outside the school premises:
a: undertake courses of education; or
b: obtain work experience; or
c: make visits. Application of Act to partnership schools kura hourua
158U: Application of this Act to partnership schools kura hourua
1: Sections 4 to 6, 13 to 15, 17 to 17C, 18 to 19, 25A (except subsection (1B)), 25AA, 25B, 27, 33, 78C to 78CD, and 139AAA to 139AAI section 139AAE(1)(a)
2: In their application to partnership schools kura hourua under subsection (1), sections 4 to 6, 13 to 15, 17 to 17C, 18 to 19, 25A (except subsection (1B)), 25AA, 25B, 27, 33, 78C to 78CD, and 139AAA to 139AAI section 139AAE(1)(a)
a: any references to a State school were references to a partnership school kura hourua; and
b: any references to a board or a board of a State school were references to a sponsor; and
c: any references to a principal were references to the person or persons to whom a sponsor has assigned the function or functions of the principal under the section in question; and
d: any references to a primary school were references to a primary partnership school kura hourua; and
e: any references to a secondary school were references to a secondary partnership school kura hourua; and
f: any references to a composite school were references to a composite partnership school kura hourua.
3: In its application to partnership schools kura hourua under subsection (1), section 17B must also be read as if the reference to a meeting of the board were a reference to a meeting with the sponsor.
4: In its application to partnership schools kura hourua under subsection (1), section 25AA must also be read as if references to the health curriculum were references to the health curriculum delivered by a partnership school kura hourua.
5: In their application to partnership schools kura hourua under subsection (1), sections 139AAA to 139AAI teacher teacher
a: a person holding a teaching position (within the meaning of section 120) at a partnership school kura hourua; or
b: a person to whom the sponsor of the partnership school kura hourua has assigned any of the functions of the principal.
158V: Application of Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 to partnership schools kura hourua
1: The Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 (except rule 3) apply to partnership schools kura hourua with any necessary modifications.
2: In their application to partnership schools kura hourua under subsection (1), the Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 must be read as if—
a: any references to a State school were references to a partnership school kura hourua; and
b: any references to a board or a board of a State school were references to a sponsor; and
c: any references to a principal were references to the person to whom a sponsor has assigned the function or functions of the principal under the rules. Application of other Acts to partnership schools kura hourua
158W: Application of New Zealand Bill of Rights Act 1990 to partnership schools kura hourua
Section 3(b) of the New Zealand Bill of Rights Act 1990 applies to the following persons when performing functions under this Act or in relation to a partnership school contract:
a: a sponsor of a partnership school kura hourua:
b: a person employed by a sponsor of a partnership school kura hourua in a position at the school:
c: a person who works at a partnership school kura hourua under contract.
158X: Application of Privacy Act 1993 to partnership schools kura hourua
When performing functions under this Act or a partnership school contract, a sponsor of a partnership school kura hourua is to be treated as a public sector agency for the purposes of sections 35 and 36 of the Privacy Act 1993.
158Y: Official Information Act 1982 not to apply to partnership schools kura hourua
The Official Information Act 1982 does not apply to a sponsor of a partnership school kura hourua when the sponsor is performing functions under this Act or a partnership school contract. New Zealand Qualifications Authority
32: Section 246 amended (Interpretation)
In section 246 relevant school
ba: a partnership school kura hourua (as that term is defined in section 2(1)), other than a partnership school kura hourua that is only a primary partnership school kura hourua (as that term is defined in section 2(1)); or
33: Section 246A amended (Functions of Authority)
In section 246A(1)(f) secondary schools relevant schools Early childhood education and care centres
34: Section 319J replaced (Centres situated on property owned by the Crown)
Replace section 319J
319J: Centres situated on property owned by, or leased to, the Crown
1: The continued operation of an early childhood education and care centre on land owned by, or leased to, the Crown, and the occupation by an early childhood education and care centre of any building on any such land, may be governed by—
a: a lease or tenancy or licence between the Crown and the service provider who operates the centre under section 45 of the Public Works Act 1981; or
b: a lease or licence between a board and the service provider under section 70B of the Education Act 1989; or
c: a lease between a third party (to whom a lease has been granted by the Crown) and the service provider; or
d: an occupancy document notified to the service provider who operates the centre by the Secretary.
2: If subsection (1)(d) applies to an early childhood education and care centre, the following provisions also apply:
a: the Secretary may direct the building of any capital works on that land that are intended for the centre's use:
b: the service provider who operates the centre must—
i: pay to the Secretary the rent for the time being charged by the Secretary; and
ii: comply with standards of maintenance and capital works as determined by the Secretary:
c: the service provider who operates the centre must not, without the Secretary's approval,—
i: carry out any capital works on the land; or
ii: grant any lease or sublease of, or grant any licence or permit in respect of, or assign any rights in respect of, or part with possession or control of, or allow any other person to share possession, control, or use of, the land or any other property of the Crown.
3: The Secretary may from time to time amend an occupancy document by written notice to the service provider who operates the early childhood education and care centre.
4: In this section, lease National student numbers
35: Section 342 amended (Interpretation)
1: In section 342 early childhood service
2: In section 342 education provider as defined in section 120
36: Section 343 amended (Assigning national student numbers)
After section 343(1)
1A: The Secretary may also assign a national student number to any child under the age of 6 years if the Secretary has reasonable grounds to believe that—
a: the child is unlikely to attend an early childhood service; and
b: the child is likely to benefit from attending such a service.
37: Section 344 amended (Use of national student numbers)
After section 344(2)(a)
ab: encouraging attendance at early childhood services:
38: Section 345 amended (Student may use or disclose own national student number)
1: In the heading to section 345 Student Person
2: In section 345 a student a person
39: Section 346 amended (Offences)
Replace section 346(2)
2: A person ( person A (person B
2: Transitional provisions and consequential amendments
Transitional provisions
40: Transitional provision relating to Criminal Procedure Act 2011
Until the commencement date of the Criminal Procedure Act 2011 section 394 section 346(2)
41: Transitional provision relating to Legislation Act 2012
Until the commencement of section 77(2) section 139AAH(2) Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989 Consequential amendments
42: Amendment to Accident Compensation Act 2001
1: This section amends the Accident Compensation Act 2001
2: In section 6(1) place of education
i: a composite school or a secondary school as defined by section 2(1) of the Education Act 1989, or a secondary school registered under section 35A of the Education Act 1989, or a secondary partnership school kura hourua or composite partnership school kura hourua (within the meaning of section 158A 2013-06-13 Accident Compensation Act 2001
43: Amendment to Births, Deaths, Marriages, and Relationships Registration Act 1995
1: This section amends the Births, Deaths, Marriages, and Relationships Registration Act 1995
2: In Schedule 1A student information information 2013-06-13 Births, Deaths, Marriages, and Relationships Registration Act 1995
44: Amendments to Health Act 1956
1: This section amends the Health Act 1956
2: In section 125(1) partnership school kura hourua
3: In section 125(2) public school , partnership school kura hourua, 2013-06-13 Health Act 1956
45: Amendments to Immigration Act 2009
1: This section amends the Immigration Act 2009
2: In section 4 compulsory education integrated , or at a partnership school kura hourua (within the meaning of section 2(1) of that Act)
3: In section 4 course of study integrated , or by a partnership school kura hourua (within the meaning of section 2(1) of that Act) 2013-06-13 Immigration Act 2009
46: Amendment to Income Tax Act 2007
1: This section amends the Income Tax Act 2007
2: After section CW 55BB(1)(b)(i)
ia: a partnership school kura hourua (within the meaning of section 2(1) of the Education Act 1989): 2013-06-13 Income Tax Act 2007
47: Amendment to Local Government (Rating) Act 2002
1: This section amends the Local Government (Rating) Act 2002
2: In Schedule 1
vi: a partnership school kura hourua (within the meaning of section 2(1) of the Education Act 1989), excluding any partnership school kura hourua that operates for profit: 2013-06-13 Local Government (Rating) Act 2002
48: Amendment to Official Information Act 1982
1: This section amends the Official Information Act 1982
2: In section 2 organisation Parliamentary Service or mortality review committees Parliamentary Service, mortality review committees, or sponsors (within the meaning of section 2(1) of the Education Act 1989) when performing functions under the Education Act 1989 or a partnership school contract (within the meaning of section 2(1) of the Education Act 1989) 2013-06-13 Official Information Act 1982
49: Amendments to Ombudsmen Act 1975
1: This section amends the Ombudsmen Act 1975
2: After section 2(4)
5: For the purposes of Part 2 of Schedule 1, a sponsor performs a standing-down, suspension, exclusion, or expulsion function if the sponsor performs a function under any of sections 14, 15, 16(1)(ba), and (5), 17 to 17C, 17D(3A), and (5), 18, 158R(1)(c), (4), and (6), and 158S(1) to (3) of the Education Act 1989 or under rules made under section 18AA of that Act.
3: In Schedule 1 sponsors (within the meaning of section 2(1) of the Education Act 1989) when performing a standing-down, suspension, exclusion, or expulsion function 2013-06-13 Ombudsmen Act 1975 |
DLM5622400 | 2013 | Health Amendment Act 2013 | 1: Title
This Act is the Health 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 Act 1956 principal Act 2013-12-05 Health Act 1956
4: Section 69G amended (Interpretation)
1: In section 69G public health risk management plan
2: In section 69G water safety plan .
5: Section 69V amended (Duty to take all practicable steps to comply with drinking-water standards)
In section 69V(2) public health risk management water safety
6: Section 69Z amended (Duty to prepare and implement public health risk management plan)
1: In the heading to section 69Z public health risk management water safety
2: In section 69Z public health risk management water safety
7: Section 69ZA amended (Medical officer of health may require preparation and implementation of public health risk management plan)
1: In the heading to section 69ZA public health risk management water safety
2: In section 69ZA public health risk management water safety
8: Section 69ZB amended (Duration of plans)
In section 69ZB public health risk management water safety
9: Section 69ZC amended (Review and renewal of plans)
In section 69ZC public health risk management water safety
10: Section 69ZD amended (Duty to keep records and make them available)
In section 69ZD(1) public health risk management water safety
11: Section 69ZL amended (Functions of drinking-water assessors)
In section 69ZL(1) public health risk management water safety
12: Section 69ZP amended (Powers of drinking-water assessors and designated officers)
In section 69ZP(1)(c)(iii) public health risk management water safety
13: Section 69ZW amended (Review of decisions of drinking-water assessors)
In section 69ZW(1) public health risk management water safety
14: Section 69ZZR amended (Offences against sections in this Part)
In section 69ZZR(1) public health risk management water safety
15: Section 69ZZT amended (Offences involving deception)
In section 69ZZT(1)(d)(ii) public health risk management programme water safety plan |
DLM5199200 | 2013 | Appropriation (2012/13 Supplementary Estimates) Act 2013 | 1: Title
This Act is the Appropriation (2012/13 Supplementary Estimates) Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 9 Schedule 3 Schedule 3
2: The rest of this Act relates to the financial year ending with 30 June 2013.
4: Purpose
The purpose of this Act is to—
a: authorise the Crown and an Office of Parliament to incur expenses and capital expenditure during the financial year ending with 30 June 2013 by appropriating expenses and capital expenditure for that financial year; and
b: authorise the Crown to incur expenses and capital expenditure for more than 1 financial year for certain specified matters by appropriating expenses and capital expenditure for more than 1 financial year for those matters; and
c: set out the net assets for each department (other than an intelligence and security department) and Office of Parliament for the purposes of section 22
d: list appropriations that are subject to the reporting requirements of section 32A
5: Interpretation
1: In this Act, unless the context otherwise requires,— scope shown in the Supplementary Estimates
a: for each multi-class output expense appropriation under section 7 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
b: for each appropriation under section 7 8 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
c: for each appropriation under section 9 Type, Title, Scope and Period of Appropriations Supplementary Estimates The Supplementary Estimates of Appropriations for the Government of New Zealand and Supporting Information for the year ending 30 June 2013 this year
2: In this Act, unless the context otherwise requires, benefit capital expenditure class of outputs Crown department expenses financial year intelligence and security department multi-class output expense appropriation Office of Parliament other expenses output expenses Vote section 2(1)
6: Appropriations additional to, or in reduction of, other appropriations
1: The appropriations authorised by sections 7 8 Appropriation (2012/13 Estimates) Act 2012
2: The appropriations authorised by section 9 multi-year appropriations
7: Appropriations for expenses and for capital expenditure to be incurred
1: A separate appropriation, in accordance with which the Crown or an Office of Parliament is authorised to incur expenses or capital expenditure, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 1
b: the categories of benefits or other unrequited expenses set out in column 3 of Schedule 1
c: the categories of other expenses set out in column 3 of Schedule 1
d: the categories of capital expenditure set out in column 3 of Schedule 1
2: Each appropriation provided by subsection (1)
a: either—
i: the amount authorised by the Appropriation (2012/13 Estimates) Act 2012 column 4 of Schedule 1
ii: if no amount was authorised by the Appropriation (2012/13 Estimates) Act 2012 column 4 of Schedule 1
b: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1)
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
8: Appropriations administered by intelligence and security departments
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses and capital expenditure, is made for the expenses and capital expenditure to be incurred by each intelligence and security department set out in column 3 of Schedule 2
2: Each appropriation provided by subsection (1)
a: the amount authorised by the Appropriation (2012/13 Estimates) Act 2012 column 4 of Schedule 2
b: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1)
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
9: Appropriations applying to more than 1 financial year
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses or capital expenditure, is made for—
a: each of the categories of output expenses set out in column 3 of Schedule 3
b: each of the categories of other expenses set out in column 3 of Schedule 3
c: each of the categories of capital expenditure set out in column 3 of Schedule 3
2: Each appropriation provided by subsection (1)
a: the period specified in column 4 of Schedule 3
b: either—
i: the amount authorised by the previous authorities specified in column 6 of Schedule 3 column 5 of Schedule 3
ii: if no previous authority is specified in column 6 of Schedule 3 column 5 of Schedule 3
c: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1)
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
4: The authority to incur expenses provided by the appropriation under section 9 Historical Treaty of Waitangi Settlements 2012-2016
5: The authority to incur expenses provided by the appropriation under section 9 Upgrading and Promoting the Consumer Powerswitch Website
10: Confirmation of net assets
For the purposes of section 22 sections 23 26E(1)(b) Schedule 4
a: column 3
b: column 8
c: column 9
11: Appropriations subject to section 32A of Public Finance Act 1989
The appropriations listed in Schedule 5
a: are appropriations for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and
b: are subject to section 32A |
DLM4752301 | 2013 | Minimum Wage (Starting-out Wage) Amendment Act 2013 | 1: Title
This Act is the Minimum Wage (Starting-out Wage) Amendment Act 2013.
2: Commencement
This Act comes into force on 1 May 2013
3: Principal Act
This Act amends the Minimum Wage Act 1983 principal Act 2013-05-01 Minimum Wage Act 1983
1: Amendments to principal Act
4: Section 4 replaced (Prescription of minimum wages)
Replace section 4
4: Prescribed minimum adult rate of wages
1: The Governor-General may, by Order in Council, prescribe a minimum adult rate of wages payable to workers—
a: who are aged 16 years or older; and
b: to whom any other minimum rate of wages prescribed under section 4A or 4B
2: A rate prescribed under subsection (1)
4A: Prescribed minimum starting-out rates of wages
1: The Governor-General may, by Order in Council, prescribe 1 or more minimum starting-out rates of wages payable to 1 or more classes of workers who—
a: are aged 16, 17, 18, or 19 years; and
b: are not involved in supervising or training other workers; and
c: are defined in the order by reference to the age (or range of ages) of the workers and 1 or more of the following factors:
i: the length of time, being a period of not less than 6 months, that the workers have been continuously paid 1 or more specified social security benefits (the continuous social assistance period
ii: the length of time, being a period of not more than 6 months, that the workers have been in continuous employment with—
A: any employer (excluding, if the order defines the class of workers by reference to the factor specified in subparagraph (i)
B: the worker's current employer:
iii: that the workers are employed under contracts of service that require the workers to undergo training, instruction, or examination (as specified in the order) for the purpose of becoming qualified for the occupation to which their contracts of service relate.
2: A rate prescribed under subsection (1) section 4
a: a monetary amount; or
b: a percentage of the minimum adult rate.
3: If a minimum starting-out rate is prescribed under subsection (1) subsection (1)(c)(i) or (ii)
a: may pay the worker in accordance with that rate only until the earlier of—
i: the date on which the worker has completed 6 months' continuous employment (or any shorter period of continuous employment specified in the order) with any employer or the worker's current employer (as the case requires):
ii: the day before the date on which the worker ceases to satisfy 1 or both of the criteria in subsection (1)(a) and (b)
b: then must pay the worker no less than the minimum adult rate prescribed under section 4
4: To avoid doubt, if more than 1 minimum starting-out rate prescribed under subsection (1) applies to a worker, only the higher or the highest rate applies.
5: For the purposes of subsection (1)(c)(i)
a: whether or not the benefit has been reduced due to any sanction imposed under the Social Security Act 1964 or for any other reason:
b: during any period when the benefit was suspended under the Social Security Act 1964 for any reason.
6: In this section,— continuous employment
a: means a continuous period of employment starting on the worker's first day of work; and
b: includes any employment undertaken by the worker before—
i: the worker turns 16:
ii: the commencement of the Minimum Wage (Starting-out Wage) Amendment Act 2013 continuously paid 1 or more specified social security benefits subsection (1)(c)(i) specified social security benefit
a: domestic purposes benefit:
b: emergency benefit:
c: independent youth benefit:
d: invalid's benefit:
e: sickness benefit:
f: unemployment benefit:
g: widow's benefit:
h: young parent payment:
i: youth payment.
4B: Prescribed minimum training rate of wages
1: The Governor-General may, by Order in Council, prescribe a minimum training rate payable to 1 or more classes of workers who—
a: are aged 20 years or older; and
b: are not involved in supervising or training other workers; and
c: are employed under contracts of service under which they are required to undergo training, instruction, or examination (as specified in the order) for the purpose of becoming qualified for the occupation to which their contract of service relates.
2: A rate prescribed under subsection (1) section 4
a: a monetary amount; or
b: a percentage of the minimum adult rate.
5: Section 5 amended (Annual review of minimum wages)
In section 5(1) section 4 section 4, 4A, or 4B
2: Miscellaneous provisions
6: Consequential amendments to Accident Compensation Act 2001
1: This section amends the Accident Compensation Act 2001
2: In Schedule 1
i: the minimum weekly adult rate prescribed under section 4 .
3: In Schedule 1
i: the minimum weekly adult rate prescribed under section 4 . 2013-05-01 Accident Compensation Act 2001
7: Transitional and savings provision relating to minimum new entrant rate
1: This section applies to a worker who, immediately before the commencement of this Act, was entitled to be paid wages by his or her employer in accordance with the minimum new entrant rate prescribed in clause 5
2: On and after the commencement of this Act,—
a: the worker is entitled to be paid the higher of—
i: the minimum new entrant rate as if this Act had not been passed:
ii: the highest minimum starting-out rate prescribed under section 4A
b: after completing 3 months or 200 hours of employment (whichever is completed first), the worker is entitled to be paid at the minimum adult rate prescribed under section 4
3: In subsection (2) employment
a: before or after the commencement of this Act:
b: with more than 1 employer. |
DLM5621002 | 2013 | Children, Young Persons, and Their Families Amendment Act (No 2) 2013 | 1: Title
This Act is the Children, Young Persons, and Their Families 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 Children, Young Persons, and Their Families Act 1989 principal Act 2013-12-05 Children, Young Persons, and Their Families Act 1989
4: New section 2A inserted (Transitional and savings provisions relating to amendments to this Act)
After section 2
2A: Transitional and savings provisions relating to amendments to this Act
1: Schedule 1AA
a: relating to amendments made to this Act on or after the commencement of the Children, Young Persons, and Their Families Amendment Act (No 2) 2013
b: that affect other provisions of this Act ( see subsection (2)
2: The transitional and savings provisions set out in Schedule 1AA Children, Young Persons, and Their Families Amendment Act (No 2) 2013
5: Section 311 amended (Supervision with residence order)
Replace section 311(2A)(a)
a: adjourn the proceedings to a date on which it will consider early release under section 314, and that is—
i: the date on which two-thirds of the period of the order under subsection (1) will have elapsed; or
ii: if it is not practicable to hold a hearing on that date, a date not more than 7 working days before that date; and .
6: Section 314 amended (Court must in certain cases release young person from custody before expiry of supervision with residence order)
1: In section 314(1) must on the date on which under section 311(2A)(a)
2: In section 314(1) the young person has been in that custody for at least two-thirds of the period of that order (as fixed under section 311(1)) and the court is
3: In section 314(2) expiry of two-thirds of the period of that order date on which under section 311(2A)(a)
7: Section 317 amended (When supervision with residence order ceases to have effect)
1: In section 317(1) term of the order expires order's period elapses
2: After section 317(1)
1A: If the period of an order made under section 311(1) elapses on a day that is a non-release day, the expiry of the order must for all purposes be treated as occurring instead on the nearest preceding day that is not a non-release day.
1B: Non-release day subsection (1A)
a: Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, or Waitangi Day; or
b: a day in the period commencing with 25 December in a year and ending with 15 January in the following year; or
c: in respect of release from a particular place, the anniversary day of the region in which that place is situated.
8: Section 356 amended (Effect of notice of appeal on certain orders)
In section 356(3) term period
9: New Schedule 1AA inserted
Before Schedule 1 Schedule 1AA Schedule |
DLM4456802 | 2013 | Reserve Bank of New Zealand (Covered Bonds) Amendment Act 2013 | 1: Title
This Act is the Reserve Bank of New Zealand (Covered Bonds) Amendment Act 2013.
2: Commencement
This Act comes into force on the 7th day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Reserve Bank of New Zealand Act 1989 principal Act 2013-12-10 Reserve Bank of New Zealand Act 1989
1: Amendments to principal Act
4: Section 117 amended (Statutory management of registered banks and associated persons)
After section 117(6)
7: Subsections (1)(a) and (2) are subject to section 139J(4)
5: Section 122 amended (Moratorium)
After section 122(9)
10: Subsection (1) is subject to section 139J(1) to (3)
6: Section 126 amended (Prohibition against removal of assets)
After section 126(3)
4: Subsection (1) is subject to section 139J(1) to (3)
7: Section 127 amended (Statutory manager may suspend payment of money owing)
After section 127(4)
5: Subsection (1) is subject to section 139J(1) to (3)
8: Section 128 amended (Management of registered bank to vest in statutory manager)
After section 128(2)
3: Subsection (2) is subject to section 139J(1) to (3)
9: New sections 139A to 139J and cross-headings inserted
After section 139 Interpretation relating to covered bonds
139A: Interpretation
In this section and in sections 139B to 139J cover pool
a: are owned by the relevant covered bond SPV; and
b: secure the obligations of that SPV under the covered bond programme cover pool monitor section 139I(1) covered bond
a: it represents an unsecured obligation of the issuer; and
b: the principal and interest owing under the bond, note, or other debt security are guaranteed by a covered bond SPV; and
c: the obligations under that guarantee are secured by assets that are owned by that SPV covered bond programme covered bond SPV section 139B issuer section 139C own owned owner registered covered bond programme section 139G SPV
139B: Meaning of covered bond SPV
In sections 139A to 139J covered bond SPV
a: is, or will be, the owner of an asset that has been, or will be, sold, assigned, or otherwise transferred to it by, or on behalf of, an issuer or an associated person of an issuer; and
b: has granted, or may grant, a security interest in that asset for the benefit of the secured creditors under the covered bond programme; and
c: carries on a business of acting as covered bond guarantor under the covered bond programme (including any business incidental to that purpose); and
d: (other than as described in paragraph (c)) does not carry on any other kind of business.
139C: Meaning of issuer
1: For the purposes of sections 139A to 139J issuer
a: means—
i: a registered bank that issues or intends to issue covered bonds, or guarantees such covered bonds:
ii: an entity, or a member of a class of entities, specified in regulations made under section 139F(3)(a)
b: includes a bank referred to in paragraph (a)(i) that—
i: has had its registration cancelled under section 77; and
ii: has a registered covered bond programme.
2: However, if an issuer ( issuer A issuer B sections 139A to 139J
3: To avoid doubt, subsection (2) does not affect the rights or obligations of issuer A before the transfer. Registration of covered bond programmes
139D: Register of registered covered bond programmes
1: The Bank must keep a public register of registered covered bond programmes.
2: The Bank—
a: must determine the form and content of the register and may amend that form and content as it considers necessary; and
b: may, based on the assets in, or that may be included in, the relevant cover pool, designate registered covered bond programmes to particular classes of registered covered bond programmes, as specified by the Bank.
3: The Bank must take all reasonable steps to ensure that the information contained in the public register is available to members of the public at all reasonable times.
4: A registered covered bond programme must remain on the register despite—
a: any defects in the registration process; or
b: any failure by an issuer to comply with any of the requirements of section 139H
5: However, despite subsection (4), the Bank may remove a registered covered bond programme from the register—
a: if—
i: all obligations under that programme have been fulfilled; or
ii: the security interest over the cover pool has been enforced; or
iii: the issuer has requested the removal; and
b: if, in all cases, the Bank has received evidence, acceptable to the Bank, that both the relevant bond trustee and security trustee consent to the removal.
6: To avoid doubt,—
a: registration occurs at the time and date that the Bank enters the details relating to the covered bond programme on the register:
b: a defect in the registration process of a covered bond programme does not affect a person's ability to enforce his, her, or its rights in relation to that covered bond programme or any covered bond issued under that covered bond programme:
c: the failure of an issuer to register a covered bond programme or to comply with any requirement under section 139H
139E: Requirement, and application, for registration of covered bond programme
1: Only an issuer may apply to the Bank to register a covered bond programme.
2: An application must be—
a: made in the manner specified by the Bank; and
b: accompanied by a fee (if any), as determined by the Bank and approved by the Minister by notice in the Gazette
3: The issuer must provide the Bank with any information that the Bank requires to enable it to determine the application.
4: An issuer must not issue, or permit the issue of, a covered bond other than under a registered covered bond programme.
5: An issuer commits an offence if, without lawful justification or excuse, the issuer—
a: issues a covered bond other than under a registered covered bond programme; or
b: permits the issue of a covered bond other than under a registered covered bond programme; or
c: provides information for the purposes of an application that is false or misleading in any material particular.
6: The penalty for an offence against this section is set out in section 156AB.
139F: Determination of application for registration of covered bond programme
1: The Bank must not register a covered bond programme unless it is satisfied that the requirements set out in subsection (2) are met.
2: The requirements are as follows:
a: that the cover pool assets are, or will be, owned by an identified covered bond SPV that—
i: is a company (within the meaning given in section 2(1) of the Companies Act 1993); or
ii: is a person or partnership specified in regulations made under subsection (3); and
b: that a cover pool monitor has been appointed; and
c: that a register of cover pool assets will be maintained; and
d: that the covered bond programme specifies, or refers to documents that specify, procedures and internal controls that ensure—
i: the up-to-date and accurate keeping of that register; and
ii: that the assets in the cover pool remain consistent with any asset class designation under section 139D(2)(b)
e: that the covered bond programme specifies a test, or tests, to determine, in accordance with any procedures specified in that programme, whether the value of the cover pool assets is at least equal to the principal amount outstanding on the covered bonds; and
f: that the covered bond programme provides for the covered bond SPV to perform, or arrange to have performed on its behalf, the requirements of section 139H(1)(a) and (b)(i)
i: in the event that any amounts become due and payable by the covered bond SPV under the covered bond programme; and
ii: until the security interest over the cover pool assets has been enforced; and
g: that the issuer is in compliance with all other requirements imposed in relation to covered bonds by, or under,—
i: section 74; or
ii: regulations made under subsection (3).
3: The Governor-General may, by Order in Council, on the advice of the Minister given in accordance with a recommendation of the Bank, make regulations—
a: specifying entities, or classes of entities, for the purposes of section 139C(1)(a)(ii)
b: specifying persons or partnerships, or classes of persons or partnerships, for the purposes of subsection (2)(a)(ii):
c: prescribing additional requirements for the purposes of subsection (2)(g)(ii):
d: prescribing conditions in relation to the entities, persons, or partnerships referred to in paragraphs (a) and (b).
139G: Bank must approve or decline application
1: Having considered an application made under section 139E(2)
2: If the Bank is satisfied that an issuer meets the requirements of section 139F(2)
3: The Bank must otherwise decline the application.
4: If the Bank approves the application, it must give its decision to the issuer—
a: in writing; and
b: within 60 working days after receiving all of the information required by the Bank to determine the application.
5: If the Bank proposes to decline the application, the Bank must, within 60 working days after receiving all of the information required to determine the application,—
a: give the issuer notice, in writing, of that proposed decision and the reasons for it; and
b: invite the issuer to provide, within 10 working days after the date of the notice, submissions or further information in response to that proposed decision; and
c: take account of any submissions and further information it receives from the issuer; and
d: give its final decision to the issuer—
i: in writing; and
ii: within 5 working days after the expiry of the time specified in paragraph (b) (whether or not the Bank receives any submissions or further information).
6: Nothing in this section prevents the Bank and the issuer from agreeing to modify the time limits specified in subsections (4) and (5).
139H: Requirements relating to registered covered bond programmes
1: Every issuer must, in relation to a registered covered bond programme,—
a: ensure that the test or tests specified in section 139F(2)(e)
b: ensure that—
i: a register of cover pool assets is maintained; and
ii: it complies with the procedures and internal controls referred to in section 139F(2)(d)
c: notify the Bank—
i: of every covered bond issued; and
ii: of any material changes to the registered covered bond programme that would be likely to result in the registered covered bond programme failing to comply with the requirements of section 139F(2)
iii: if the covered bond programme or the cover pool no longer complies with any asset class designation under section 139D(2)(b)
d: provide the Bank with any further information it requests in relation to the covered bond programme; and
e: ensure that—
i: the registered covered bond programme complies with the requirements of section 139F(2)
ii: the reports referred to in section 139I(1)(c)(ii)
iii: the Bank is provided with a copy of—
A: every report prepared by the cover pool monitor in accordance with section 139I(1)(c)(iii) and (iv)
B: if requested by the Bank, any other report prepared by the cover pool monitor in accordance with section 139I(1)(c)(ii)
2: However, if any amounts become due and payable by the covered bond SPV under the covered bond programme,—
a: the issuer is not required to comply with subsection (1); and
b: the covered bond SPV must provide the Bank with any information it requests in relation to that covered bond programme.
3: If an issuer fails to comply with any of the requirements of subsection (1), the Bank may, by notice in writing to the issuer, require the issuer to take such corrective action as the Bank may specify in the notice.
4: An issuer commits an offence if the issuer, without lawful justification or excuse, fails to comply with a notice issued under subsection (3).
5: The penalty for an offence against this section is set out in section 156AB. Cover pool monitor
139I: Cover pool monitor
1: A cover pool monitor
a: independent of the issuer; and
b: 1 or more of the following:
i: a licensed auditor under the Auditor Regulation Act 2011:
ii: (if the issuer ensures that appropriate arrangements are in place to ensure that the functions of the cover pool monitor are performed by, or under the supervision of, a licensed auditor) a registered audit firm under the Auditor Regulation Act 2011:
iii: a member of any other class of persons or firms that has been approved by the Bank; and
c: required, under its contract of appointment, to—
i: assess, at a given point in time, and in accordance with any agreed procedures specified in the covered bond programme,—
A: the arithmetical accuracy of the tests carried out in accordance with section 139H(1)(a)
B: the issuer's compliance with the requirements of section 139H(1)(b)
ii: provide the issuer with reports on the matters required under paragraph (c)(i) at intervals of not more than 12 months; and
iii: provide reports at intervals of not more than 3 months if the cover pool monitor is not satisfied—
A: as to the arithmetical accuracy of the tests carried out in accordance with section 139H(1)(a)
B: that the issuer has complied with the requirements of section 139H(1)(b)
iv: if subparagraph (iii) applies, continue to provide 3-monthly reports until the cover pool monitor is satisfied that the issuer has remedied those matters; and
v: report on any other matters required by regulations made under subsection (2).
2: The Governor-General may, by Order in Council, on the advice of the Minister given in accordance with a recommendation of the Bank, make regulations specifying additional matters that the cover pool monitor must be required to report on, and the information to be provided with such a report, for the purposes of subsection (1)(c)(v).
3: For the purposes of this section, independent
4: However, to avoid doubt, a person's appointment as auditor does not affect his, her, or its independence. Statutory management, etc, of issuer
139J: Limitation on application of statutory management, etc, provisions to covered bond SPV
1: Subsections (2) and (3) apply in relation to the following provisions:
a: sections 122(1), 126(1), 127(1), and 128(2) of this Act:
b: section 248 of the Companies Act 1993:
c: sections 42(1), 43(1), 44(1), and 45(2) of the Corporations (Investigation and Management) Act 1989.
2: Nothing in a provision referred to in subsection (1)—
a: prevents the transfer of the legal title to assets in a cover pool from an issuer to a covered bond SPV:
b: prevents the transfer, under a contract, of any documentation or data relating to assets in a cover pool from the issuer to a covered bond SPV or a person acting on behalf of that SPV:
c: prevents a covered bond SPV, or a person acting on behalf of that SPV, from exercising a power of attorney granted by the issuer in relation to assets in a cover pool:
d: affects the issuer's obligation to pay moneys collected on behalf of, and held on trust for, a covered bond SPV, to that SPV:
e: prevents the enforcement of any of the above rights by, or on behalf of, a covered bond SPV.
3: However, subsection (2) applies only if—
a: the covered bond SPV is the owner of the assets in the cover pool; and
b: the covered bond programme is registered under section 139G
4: A covered bond SPV is not—
a: an associated person for the purposes of section 117(1)(a) of this Act, section 38(1)(a) of the Corporations (Investigation and Management) Act 1989, or section 170(1)(b) of the Insurance (Prudential Supervision) Act 2010; or
b: a subsidiary for the purposes of section 117(2) of this Act, section 38(2) of the Corporations (Investigation and Management) Act 1989, or section 170(2) of the Insurance (Prudential Supervision) Act 2010; or
c: a related company for the purposes of section 271 of the Companies Act 1993.
10: Section 156AB amended (Penalty for offences relating to supply of information, etc)
After section 156AB(2)(f)
g: section 139E(5)(a)
h: section 139E(5)(b)
i: section 139E(5)(c)
j: section 139H(4)
2: Transitional provisions and amendments to other Acts
11: Transitional provisions
1: The amendments made by this Act apply in relation to existing covered bond programmes and issuers on and from the date that is 9 months after this Act comes into force.
2: However, despite subsection (1), an issuer may, in relation to an existing covered bond programme, make an application under section 139E section 9
a: section 139E(4) and (5)(a) and (b) section 9 section 139G section 9
b: all other amendments made by this Act apply on and from the date of the application.
3: To avoid doubt, on and from the date specified in subsection (1),—
a: all amendments made by this Act apply in relation to existing covered bond programmes; and
b: covered bonds must not be issued under an existing covered bond programme unless the programme is registered under section 139G section 9
4: In this section, existing covered bond programme
12: Consequential amendments to other Acts
Amend the Acts specified in the Schedule 2013-12-10 Companies Act 1993 Corporations (Investigation and Management) Act 1989 Insurance (Prudential Supervision) Act 2010 |
DLM5189129 | 2013 | Summary Offences Amendment Act 2013 | 1: Title
This Act is the Summary Offences Amendment Act 2013.
2: Commencement
This Act comes into force on 1 July 2013.
3: Principal Act
This Act amends the Summary Offences Act 1981 principal Act 2013-07-01 Summary Offences Act 1981
4: Section 28 amended (Being found in public place preparing to commit crime)
1: In the heading to section 28 crime offence
2: In section 28(1) a crime an imprisonable offence
3: In section 28(3) a crime an imprisonable offence |
DLM5020520 | 2013 | Births, Deaths, Marriages, and Relationships Registration Amendment Act 2013 | 1: Title
This Act is the Births, Deaths, Marriages, and Relationships Registration 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 amended
This Act amends the Births, Deaths, Marriages, and Relationships Registration Act 1995 2013-02-27 Births, Deaths, Marriages, and Relationships Registration Act 1995
4: Disclosure of birth information, death information, marriage information, civil union information, and name change information to certain specified agencies for certain purposes
Section 78A(4) under this section chief executive
5: New section 78AA inserted
The following section is inserted after section 78A
78AA: Disclosure of birth information, death information, marriage information, civil union information, and name change information under approved information sharing agreement
1: The Registrar-General may share the following personal information about an identifiable individual under an approved information sharing agreement:
a: birth information:
b: death information:
c: marriage information:
d: civil union information:
e: name change information.
2: This section does not limit section 74.
3: This section and section 78A do not limit each other, and section 78A does not prevent the Registrar-General from entering into an information sharing agreement with any agency to share information of the kind specified in subsection (1)
4: Subsection (1)
5: In this section,— approved information sharing agreement information sharing agreement section 96C non-disclosure direction |
DLM4896268 | 2013 | Care of Children Amendment Act (No 2) 2013 | 1: Title
This Act is the Care of Children Amendment Act (No 2) 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 10 new sections 46H, 46I, and 46K
b: section 39(1) and (5)
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council.
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 Care of Children Amendment Act (No 2) 2013 Commencement Order 2014
3: Principal Act
This Act Care of Children Act 2004 principal Act 2013-09-25 Care of Children Act 2004 section 10, to the extent only that it inserts new sections 46H, 46I, and 46K and section 39(1) and (5) come into force on 25/9/13. OIC LI 2014/88 2014-03-31 Care of Children Act 2004 ss 3–9, s 10 (to the extend that it inserts new ss 46C-46G, s 46J, & ss 46L-46R), ss 11–38, s 39(2)-(4), ss 40–43 come into force on 31 March 2014. See LI 2014/88/2 2014-10-01 Care of Children Act 2004 The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council. Any provision that has not earlier been brought into force comes into force on 1 October 2014. Closed now — all provisions in force
4: Sections 4 and 5 replaced
Replace sections 4 5
4: Child's welfare and best interests to be paramount
1: The welfare and best interests of a child in his or her particular circumstances must be the first and paramount consideration—
a: in the administration and application of this Act, for example, in proceedings under this Act; and
b: in any other proceedings involving the guardianship of, or the role of providing day-to-day care for, or contact with, a child.
2: Any person considering the welfare and best interests of a child in his or her particular circumstances—
a: must take into account—
i: the principle that decisions affecting the child should be made and implemented within a time frame that is appropriate to the child's sense of time; and
ii: the principles in section 5
b: may take into account the conduct of the person who is seeking to have a role in the upbringing of the child to the extent that that conduct is relevant to the child's welfare and best interests.
3: It must not be presumed that the welfare and best interests of a child (of any age) require the child to be placed in the day-to-day care of a particular person because of that person's gender.
4: This section does not—
a: limit section 6 or 83, or subpart 4 of Part 2; or
b: prevent any person from taking into account other matters relevant to the child's welfare and best interests.
5: Principles relating to child's welfare and best interests
The principles relating to a child's welfare and best interests are that—
a: a child's safety must be protected and, in particular, a child must be protected from all forms of violence (as defined in section 3(2) to (5) of the Domestic Violence Act 1995) from all persons, including members of the child's family, family group, whānau, hapū, and iwi:
b: a child's care, development, and upbringing should be primarily the responsibility of his or her parents and guardians:
c: a child's care, development, and upbringing should be facilitated by ongoing consultation and co-operation between his or her parents, guardians, and any other person having a role in his or her care under a parenting or guardianship order:
d: a child should have continuity in his or her care, development, and upbringing:
e: a child should continue to have a relationship with both of his or her parents, and that a child's relationship with his or her family group, whānau, hapū, or iwi should be preserved and strengthened:
f: a child's identity (including, without limitation, his or her culture, language, and religious denomination and practice) should be preserved and strengthened.
5A: Domestic violence to be taken into account
1: This section applies if—
a: an application is made to the court for—
i: a guardianship order under section 19 or 27; or
ii: a direction under section 46R
iii: a parenting order under section 48; or
iv: a variation of a parenting order under section 56; and
b: a final protection order made under section 14 of the Domestic Violence Act 1995 is, or at any time has been, in force against 1 or more parties to the application.
2: In taking into account the principle in section 5(a)
a: whether the protection order is still in force:
b: the circumstances in which the protection order was made:
c: any written reasons given by the Judge who made the protection order for his or her decision.
5: Section 7 replaced (Lawyer to act for child)
Replace section 7
7: Appointment of lawyer to represent child in proceedings
A court may appoint, or direct the Registrar of the court to appoint, a lawyer to represent a child who is the subject of, or who is a party to, proceedings (other than criminal proceedings) under this Act if the court—
a: has concerns for the safety or well-being of the child; and
b: considers an appointment necessary.
7A: Lawyers acting for parties
1: A lawyer may act for a party to a proceeding under this Act that is to be heard and determined in a Family Court only as provided in subsections (2) to (6)
2: A lawyer may act for a party to a proceeding commenced by an application made under subpart 4 of Part 2.
3: A lawyer may act for a party to a proceeding if that party is the Crown.
4: A lawyer may act for a party to a proceeding that is—
a: commenced by an application made without notice until such time (if at all) as a Family Court Judge directs that the application proceed on notice:
b: commenced by an application made on notice from such time (if at all) as a Family Court Judge directs that—
i: the application proceed as if it were an application made without notice; or
ii: the application be heard by the court in conjunction with an application that is filed under any other Act; or
iii: the application proceed to a hearing:
c: commenced by an application made without notice that a Family Court Judge has directed proceed on notice, from such time (if at all) as the Judge makes a direction of a kind specified in paragraph (b)(ii) or (iii)
5: A lawyer may act for a child who is a party to a proceeding if the lawyer has been appointed by the court under section 7
6: A lawyer may act for a party at a settlement conference convened under section 46Q
7: A direction referred to in subsection (6)
a: at least 1 of the parties needs legal representation at the settlement conference; and
b: the parties having legal representation at the settlement conference will be likely to facilitate settlement of the issues in dispute by agreement between the parties.
8: In this section,— act
a: to sign any document for the party:
b: to file any document for the party:
c: to accept service for the party:
d: to represent the party in court, or otherwise attend with the party before a Judge or Registrar party to a proceeding
9: To avoid doubt, nothing in this section prevents a lawyer from—
a: giving legal advice to a party:
b: preparing any document for a party:
c: conducting negotiations for a party.
7B: Duties of lawyer when giving advice
A lawyer providing legal advice to a person about arrangements for the guardianship or care of a child, or both, must ensure that the person is aware of—
a: the need for the child's welfare and best interests to be the first and paramount consideration when settling arrangements; and
b: the mechanisms for assisting resolution of family disputes; and
c: the steps for commencing a proceeding under this Act and subsequently pursuing the proceeding through the court process to obtain a resolution; and
d: the types of directions and orders that the court may make if a proceeding is commenced.
6: Section 8 amended (Interpretation)
1: In section 8 approved counselling organisation section 46H counselling services section 46G(2) counsellor section 46K parenting information programme .
2: In section 8 prescribed
7: Section 23 amended (Appointment of eligible spouse or partner of parent as additional guardian)
In section 23(5) the prescribed form a form approved by the Secretary
8: Section 40 amended (Agreements between parents and guardians)
Replace section 40(1)
1: A party to an agreement to which subsection (2) applies may seek to have the terms of the agreement embodied in an order of the court that may be enforced, as provided in subsections (3) and (4).
9: Sections 44 to 46 and cross-heading above section 44 repealed
Repeal sections 44 to 46
10: New sections 46C to 46R and cross-headings inserted
After section 46B
46C: Certain children may seek review of parent's or guardian's decision or refusal to give consent
1: A child of or over the age of 16 years who is affected by a decision or by a refusal of consent by a parent or guardian in an important matter may (unless the child is under the guardianship of the court) apply to a Family Court Judge, who may, if he or she thinks it reasonable in all the circumstances to do so, review the decision or refusal and make any order in respect of it that he or she thinks fit.
2: A consent given by a Family Court Judge under this section has the same effect as if it had been given by the parent or guardian.
3: This section does not apply where a parent or guardian refuses to give consent to a child's marriage, civil union, or entry into a de facto relationship. In those cases, sections 18 to 20 of the Marriage Act 1955, sections 19 and 20 of the Civil Union Act 2004, and section 46A of this Act, respectively, apply instead. Family dispute resolution
46D: Meaning of family dispute resolution
In sections 46E and 46F family dispute resolution family dispute resolution form FDR provider Family Dispute Resolution Act 2013
46E: Family dispute resolution mandatory before commencement of proceedings
1: This section applies to an application under section 46R
2: The application must be accompanied by a family dispute resolution form that has been signed by an FDR provider within the preceding 12 months.
3: Subsection (2) subsection (4)
4: A family dispute resolution form is not required to accompany an application that—
a: is in response to an application that another party to the proceedings has made for an order under section 46R
b: is without notice; or
c: is for a consent order; or
d: seeks the enforcement of an existing order; or
e: relates to a child who is the subject of proceedings already begun under Part 2 of the Children, Young Persons, and Their Families Act 1989; or
f: is accompanied by an affidavit that provides evidence of either of the following matters:
i: that at least 1 of the parties to the family dispute is unable to participate effectively in family dispute resolution:
ii: that at least 1 of the parties to the family dispute, or a child of one of the parties, has been subject to domestic violence by one of the other parties to the dispute.
5: A Registrar may refuse to accept for filing an application that is accompanied by an affidavit of the kind referred to in subsection (4)(f) if the affidavit does not provide sufficient evidence of either of the matters set out in subparagraphs (i) and (ii) of that paragraph.
6: A Registrar who is unsure, under subsection (5) subsection (4)(f)
46F: Family dispute resolution after proceedings commenced
1: This section applies after an application has been made to a Family Court for—
a: a direction under section 46R
b: a parenting order under section 48.
2: At any time before the application is finally determined, a Family Court Judge may direct the parties to attend family dispute resolution.
3: A direction under subsection (2)
a: the Judge considers that there is a reasonable prospect that family dispute resolution will assist the parties in reaching an agreement on the resolution of the matters in dispute; and
b: the parties—
i: have not participated in family dispute resolution in the preceding 12 months; or
ii: have participated in family dispute resolution in the preceding 12 months but consent to the direction being made.
4: A direction under subsection (2) Counselling
46G: Counselling after proceedings commenced
1: This section applies after an application has been made to a Family Court for—
a: a direction under section 46R
b: a parenting order under section 48.
2: A Family Court Judge may direct the Registrar of the court to refer the parties to the application to counselling services for either or both of the following purposes:
a: to improve the relationship between the parties:
b: to encourage compliance with any direction or order made by the court.
3: A direction under subsection (2)
4: A Family Court Judge may make a direction under subsection (2)
a: at any stage of the proceedings, including when making a final order; but
b: once only.
5: On receipt of a direction under subsection (2)
a: arrange for the parties to be referred to a counsellor or an approved counselling organisation; and
b: inform the parties accordingly.
46H: Approval of counselling organisation
1: The Secretary may, by notice in the Gazette
2: In deciding whether to approve an organisation under subsection (1) section 147(2)(aa)
3: An approval under subsection (1)
46I: Suspension or cancellation of approval of counselling organisation
1: The Secretary may, by notice in the Gazette section 147(2)(ab)
2: If under subsection (1)
46J: Duties of approved counselling organisation
An approved counselling organisation to which any parties are referred under section 46G(5)(a)
a: nominate a counsellor to provide counselling services to the parties; and
b: arrange for the counsellor to meet with the parties.
46K: Appointment of counsellors
1: The Secretary or an approved counselling organisation may appoint a person as a counsellor if the Secretary or approved counselling organisation is satisfied that the person is qualified and competent to provide counselling services.
2: In deciding whether a person meets the criteria in subsection (1) section 147(2)(ac) and (ad)
46L: Privilege
1: This section applies to a statement a party makes to a counsellor for the purpose of enabling the counsellor to provide counselling services.
2: No evidence of the statement is admissible in any court or before any person acting judicially.
3: A counsellor 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 counsellor for the purpose of enabling the counsellor to provide counselling services.
46M: Number of sessions of counselling
The maximum number of sessions of counselling to be carried out under section 46G section 147(2)(ae)
46N: Counselling fees and expenses
Fees in respect of counselling carried out under section 46G
a: be determined in accordance with regulations made under section 147(2)(af)
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose. Parenting information programmes
46O: Judge may direct party to undertake parenting information programme
1: At any time after an application has been made to the court for a parenting order under section 48, a Family Court Judge may direct 1 or more parties to the application to attend a parenting information programme.
2: However, the Family Court Judge may not make a direction under subsection (1) Settlement conferences
46P: Purpose of settlement conferences
The purpose of a settlement conference is to enable a Family Court Judge to—
a: ascertain whether any or all of the issues in dispute between the parties can be settled; and
b: settle those issues.
46Q: Settlement conferences
1: A Family Court Judge may, before the hearing of a proceeding, direct the Registrar to convene a settlement conference.
2: However, a settlement conference may be convened under subsection (1)
3: At a settlement conference, a Family Court Judge may, with the consent of the parties, make an order settling some or all of the issues in dispute between the parties.
4: Before a party consents to the making of an order, a Family Court Judge may advise that party to obtain legal advice. Guardianship disputes
46R: Disputes between guardians
1: If 2 or more guardians of a child are unable to agree on a matter concerning the exercise of their guardianship, any of them may apply to the court for its direction.
2: An application under subsection (1) subsection (3)
3: An application under subsection (1)
a: under an order of the High Court, 2 or more persons are guardians of, or have the role of providing day-to-day care for, a child, and that order has not been removed into a Family Court under section 127; or
b: a child is under the guardianship of the High Court.
4: On an application under subsection (1)
11: New sections 47A and 47B inserted
After section 47
47A: Mandatory statement in applications
1: This section applies to an application for a parenting order under section 48.
2: The application must include a statement made by or on behalf of the applicant for the order about whether and how the order can and should provide for any other person or persons to have the role of providing day-to-day care for, or contact with, the child.
47B: Mandatory statement and evidence in applications
1: This section applies to—
a: an application for a parenting order under section 48:
b: an application to vary a parenting order under section 56.
2: The application must include a statement made by or on behalf of the applicant for the order—
a: that the applicant has undertaken a parenting information programme within the preceding 2 years; or
b: that the applicant is not required to undertake a parenting information programme because—
i: the applicant is unable to participate effectively in a parenting information programme; or
ii: the applicant is making the application without notice.
3: Evidence in support of a statement made under subsection (2)(a) or (b)(i)
4: A Registrar may refuse to accept an application if the Registrar considers that the evidence provided does not adequately support the statement.
12: Section 48 amended (Parenting orders)
Replace section 48(4) to (6)
4: A parenting order (whether an interim parenting order or a final parenting order) may be made subject to any terms or conditions the court considers appropriate (for example, a condition requiring a party to enter into a bond).
13: Section 49 replaced (Applications to include statement on others' involvement)
Replace section 49
49: Interim parenting orders
1: At any time before an application for a parenting order is finally determined in a court, a Judge may make an interim parenting order that has effect until—
a: a specified date; or
b: a specified event; or
c: it is replaced by—
i: another interim order; or
ii: a final order.
2: However, a Judge must not make an interim order unless the Judge is satisfied that an interim order serves the welfare and best interests of the child better than a final order.
49A: Interim parenting order where parent does not have day-to-day care for, or contact with, child
1: This section applies if—
a: an interim parenting order is made; and
b: the parents of the child in respect of whom the interim parenting order is made are parties to the order; and
c: under the interim parenting order, one of the parents has neither the role of providing day-to-day care for nor contact with the child.
2: If this section applies, the court must, as soon as practicable, assign a hearing date that is not more than 3 months after the date of the interim parenting order, and at the hearing on that date the court may replace the interim order with—
a: a further interim order; or
b: a final parenting order.
49B: Interim parenting order may become final order on specified date
1: When making an interim parenting order that has effect until a specified date (the specified date section 7
2: If a party to the proceeding or any lawyer appointed under section 7
3: When an interim parenting order becomes a final parenting order under subsection (2)
49C: Final parenting orders
1: At any time during a proceeding, a Judge may make a final parenting order if the parties consent.
2: When an application for a parenting order is finally determined by the court, a Judge must make a final parenting order.
14: Section 51 amended (Court must consider protective conditions in certain cases)
Repeal section 51(3)
15: Section 55 amended (Content and explanation of parenting orders)
In section 55(1)(b) the prescribed form a form approved by the Secretary
16: Sections 57 to 62 and cross-heading above section 58 replaced
Replace sections 57 to 62 section 58
57: Variation of final parenting order by consent memorandum instead of application
1: This section applies if the parties to a final parenting order made under this Act agree to a variation of the order, or to a variation of any term or condition to which the order is subject (the proposed variation
2: A party to the final parenting order may, instead of applying under section 56 for a variation of the order, file a consent memorandum seeking an order in terms of the proposed variation.
3: The consent memorandum must—
a: set out the proposed variation; and
b: state that all persons affected by the final parenting order (other than children) agree to the proposed variation; and
c: be signed by all parties.
4: On the filing of a consent memorandum, the Registrar may make and seal an order varying the final parenting order in terms of the proposed variation set out in the memorandum. Supervised contact
58: Interpretation
In this section and sections 59 and 60 approved provider
a: approved—
i: by the chief executive as a community service under section 403 of the Children, Young Persons, and Their Families Act 1989; or
ii: by the Secretary; or
iii: by an officer of the court appointed under section 8(2) of the Family Courts Act 1980; and
b: nominated by the court or Registrar for the particular case supervised contact
a: under the supervision of an approved provider; or
b: in the immediate presence of a person approved by the court (for example, a relative, a friend of the family of the child, or any other person whom the court considers suitable).
59: Court may order supervised contact
1: This section applies if the court—
a: is making or varying a parenting order determining the time or times when a person may have contact with a child; and
b: is not satisfied that the child will be safe with that person.
2: The court may make an order for supervised contact between the child and that person, and, if it does so, the court must specify in the order whether the supervised contact is to occur—
a: under the supervision of an approved provider; or
b: in the immediate presence of a person approved by the court (for example, a relative, a friend of the family of the child, or any other person whom the court considers suitable).
60: Costs of formal supervised contact
1: This section applies only to supervised contact that is ordered under section 59
2: The number of sessions of the contact that will be funded out of public money must be determined in accordance with regulations made under section 147(2)(a) or, in the absence of regulations of that kind, by the Registrar or the court.
3: Fees in respect of the contact—
a: must be determined in accordance with regulations made under section 147(2)(b) or, in the absence of regulations of that kind, by the Registrar or the court; and
b: are payable out of public money appropriated by Parliament for the purpose.
17: Section 63 repealed (Purpose and overview of sections 64 to 80)
Repeal section 63
18: Section 64 amended (Guiding consideration and principles)
Repeal section 64(2)
19: Sections 65 to 67 repealed
Repeal sections 65 to 67
20: Section 69 amended (Court may require parties to attend for counselling or for hearing of application under section 68)
1: In the heading to section 69 for counselling or
2: Repeal section 69(1)(a)
21: Section 78 replaced (Contravening parenting order)
Replace section 78
78: Contravening parenting or guardianship order
1: A person commits an offence who, without reasonable excuse, intentionally—
a: contravenes—
i: a parenting order; or
ii: a guardianship order made under section 40 or 46R
b: prevents compliance with—
i: a parenting order; or
ii: a guardianship order made under section 40 or 46R
2: A person who commits an offence under subsection (1)
a: a term of imprisonment not exceeding 3 months; or
b: a fine not exceeding $2,500.
3: Nothing in this section limits the power of a court to punish a person for contempt of court.
22: Section 102 amended (Child abducted from New Zealand)
Replace section 102(2)
2: Every application under subsection (1) must be in a form approved by the Secretary.
23: Section 112 amended (Child outside New Zealand)
Replace section 112(2)
2: Every application under subsection (1) must be in a form approved by the Secretary.
24: Section 125 amended (Jurisdiction of courts)
In section 125(2)(a) section 44 section 46R
25: Section 130 replaced (Counsel to assist court)
Replace section 130
130: Appointment of lawyer to assist court
In any proceedings under this Act (other than criminal proceedings), a court may—
a: appoint a lawyer to assist the court; or
b: direct the Registrar of the court to appoint a lawyer to assist the court.
26: Section 131 replaced (Costs of court-appointed counsel)
Replace section 131
131: Fees and expenses of lawyer appointed under section 7 or 130
1: The fees and expenses of a lawyer appointed under section 7 or 130 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 7 or 130 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 in any proceedings a lawyer has been appointed under section 7 or 130 and the fees and expenses relating to that appointment have been paid under subsection (1), the court must make an order under section 135A, unless the court declines to do so in accordance with that section.
5: However, no order under section 135A may be made—
a: in any proceedings commenced by an application under section 105 or a request under section 111; or
b: against—
i: the Crown, whether acting through the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 or otherwise; or
ii: a person in whose custody the child concerned has been placed pursuant to an order made under the Children, Young Persons, and Their Families Act 1989; or
c: in respect of an appointment under section 130, where a lawyer has been appointed under that section to provide to the court independent advice on any complex legal issue.
27: New section 131A inserted (Advice from chief executive or social worker)
After section 131
131A: Advice from chief executive or social worker
1: For the purpose of expediting an application for a guardianship order or parenting order, a Registrar, on his or her own initiative, may—
a: refer the application to the chief executive; and
b: request the chief executive to provide brief written advice on the nature and extent of any involvement that the department has had with the parties.
2: On receipt of a request for advice made under subsection (1)
3: The Registrar must refer advice received under subsection (2)
28: Section 133 replaced (Reports from other persons)
Replace section 133
133: Reports from other persons
Definitions
1: In this section,— application
a: means—
i: an application for guardianship; or
ii: an application for a parenting order; or
iii: an application under section 105(1); but
b: does not include an application for an interim order about the role of providing day-to-day care for a child approval subsection (10) cultural report materials
a: the psychological report; and
b: the report writer's notes; and
c: other materials the report writer used in preparing the psychological report medical report psychiatric report psychological report
a: how current arrangements for the child’s care are working for the child:
b: the child’s relationship with each party, including, if appropriate, the child's attachment to each party:
c: the child's relationship with other significant persons in the child's life:
d: the effect or likely effect on the child of each party's parenting skills:
e: the effect or likely effect on the child of the parties' ability or otherwise to co-operate in the parenting of the child:
f: the advantages and disadvantages for the child of the options for the care of the child:
g: any matter that the court specifies under subsection (5)(b)(ii) report writer
a: the person requested under subsection (2)
b: the psychologist requested under subsection (5) second opinion
a: a critique of a psychological report; and
b: a report covering the same matters as those covered by a psychological report. Court's power to obtain cultural reports, medical reports, or psychiatric reports
2: To obtain a written cultural report, medical report, or psychiatric report, the court may—
a: request a person whom the court considers qualified for the purpose to prepare one; or
b: direct the Registrar to request a person whom the Registrar considers qualified for the purpose to prepare one.
3: The court may act under subsection (2)
a: the information that the report will provide is essential for the proper disposition of the application; and
b: the report is the best source of the information, having regard to the quality, timeliness, and cost of other sources; and
c: the proceedings will not be unduly delayed by the time taken to prepare the report; and
d: any delay in the proceedings will not have an unacceptable effect on the child.
4: If the court is entitled by subsection (3) subsection (2) subsection (2) Court's power to obtain psychological reports
5: To obtain a written psychological report,—
a: the court may—
i: request a psychologist whom the court considers qualified for the purpose to prepare one; or
ii: direct the Registrar to request a psychologist whom the Registrar considers qualified for the purpose to prepare one; and
b: the court—
i: must specify which of the matters listed in paragraphs (a) to (f) subsection (1)
ii: may specify any matter not listed in paragraphs (a) to (f) subsection (1)
6: The court may act under subsection (5)
a: the court is satisfied that the information that the psychological report will provide is essential for the proper disposition of the application; and
b: the court is satisfied that the psychological report is the best source of the information, having regard to the quality, timeliness, and cost of other sources; and
c: the court is satisfied that the proceedings will not be unduly delayed by the time taken to prepare the psychological report; and
d: the court is satisfied that any delay in the proceedings will not have an unacceptable effect on the child; and
e: the court does not seek the psychological report solely or primarily to ascertain the child's wishes.
7: If the court is entitled by subsection (6) subsection (5) subsection (5) Court's power to direct meetings
8: If the court acts under subsection (2) or (5)
a: the child to meet with the report writer; or
b: 1 or more of the parties to meet with the report writer; or
c: the child and 1 or more of the parties to meet with the report writer.
9: If a party or the child fails to meet with the report writer as directed by the court,—
a: the report writer must notify the court; and
b: the court may make further directions. Second opinions
10: The approval of the court must be obtained before a second opinion may be prepared and presented.
11: The court may give approval only if there are exceptional circumstances.
12: A party who obtains the approval of the court for the preparation and presentation of a second opinion is liable for the costs of that opinion.
13: If the court gives approval, it may permit disclosure of the materials to the psychologist preparing the second opinion.
14: If the court declines to give approval to a party, or if a party does not seek approval, the court may permit disclosure of the materials to a psychologist who is employed by the party and who is not the report writer.
15: The court may permit disclosure under subsection (14)
29: Section 134 amended (Distribution, etc, of reports under sections 132 and 133)
In section 134(3)(b) section 130(1) section 130
30: Section 135 replaced (Costs of reports under section 133)
Replace section 135
135: Costs of reports requested under section 133
1: Fees for the preparation of reports requested under section 133
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: Where in any proceedings a report requested under section 133 subsection (1) section 135A
135A: Order requiring reimbursement of costs payments
1: An order referred to in section 131(4) or 135(2) must require the parties to reimburse to the Crown the prescribed proportion of the amount paid by the Crown,—
a: under section 131(1)(b), in respect of the fees and expenses of a lawyer appointed under section 7 or 130:
b: under section 135(1)(b), in respect of a report requested under section 133.
2: Despite subsection (1), the court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party.
3: Each party against whom an order is made under subsection (1)
4: Despite subsection (3), if the court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court may substitute, for that party, a different amount not exceeding the prescribed proportion.
5: In this section,— dependent child prescribed proportion serious hardship
a: includes significant financial difficulties that arise because of—
i: the party's inability to meet minimum living expenses according to normal community standards; or
ii: the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
iii: a serious illness suffered by the party or by a dependent child of the party; or
iv: the cost of education for a dependent child of the party:
b: does not include significant financial difficulties that arise because—
i: the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
ii: the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.
135B: Enforcement of orders made under section 135A
1: The amount that a party is ordered to reimburse under section 135A is a debt due to the Crown by that party and may be enforced in a District Court or the High Court, as the case may require, in the same manner as a judgment of that court.
2: Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable—
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary may, on behalf of the Crown, enforce a debt under this section.
31: Section 137 amended (Attendance at hearings generally)
1: Replace section 137(1)(b)
b: parties to the proceedings:
ba: lawyers acting for the parties (if any): .
2: Replace section 137(1)(c)
c: lawyers appointed under section 7 or 130 .
3: Repeal section 137(1)(f)
4: Repeal section 137(4)(c)
5: Repeal section 137(5)
32: Section 138 repealed (Attendance at hearings of persons involved in counselling or conciliation under Family Proceedings Act 1980)
Repeal section 138
33: New section 139A inserted (Leave required in certain cases to commence substantially similar proceedings)
After section 139
139A: Leave required in certain cases to commence substantially similar proceedings
1: A proceeding (a new proceeding section 46R
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 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 every party to the new proceeding consents to its commencement.
34: Section 141 amended (Power to restrict commencement of proceedings)
In the heading to section 141 proceedings if vexatious proceedings previously instituted
35: Section 142 amended (Costs)
After section 142(2)
3: This section is subject to sections 131 and 135
36: Section 143 amended (Appeals to High Court)
1: In section 143(2) section 44 or section 46 section 46C or 46R
2: In section 143(3) (other than criminal proceedings or proceedings under section 44 or section 46)
3: After section 143(3)
3A: However, no appeal may be made to the High Court under subsection (3) in relation to—
a: any interlocutory or interim order made in the following kinds of proceedings:
i: criminal proceedings; or
ii: proceedings under section 46C
iii: proceedings under section 46R
b: a decision under—
i: section 7
ii: section 130
iii: section 133
c: a direction under section 7A(6)
37: Section 145 amended (Appeal to Court of Appeal)
In section 145(1)(a) section 44 or section 46 section 46C or 46R
38: Section 146 amended (Rules of court)
Repeal section 146(3)
39: Section 147 amended (Regulations)
1: Before section 147(2)(a)
aa: prescribing for the purposes of section 46H
ab: prescribing for the purposes of section 46I
i: that the approval was given on the basis of information that was false or misleading in a material respect; or
ii: that the organisation no longer satisfies any criteria for approval prescribed by regulations made under paragraph (aa)
iii: that the organisation has requested the suspension or cancellation of the approval; or
iv: that the organisation has been wound up, dissolved, or otherwise has ceased to exist:
ac: prescribing for the purposes of section 46K
i: to be a member of a professional body that the Secretary identifies as a professional body by notice in the Gazette
ii: to have a specified qualification:
iii: to have a specified level of counselling experience:
ad: prescribing for the purposes of section 46K
ae: prescribing for the purposes of section 46M section 46G
af: prescribing for the purposes of section 46N section 46G
ag: specifying for the purposes of sections 46O and 47B(2)
i: how a child may be affected when parents separate; and
ii: how the needs of a child may be met when parents separate: .
2: In section 147(2)(a)
a: replace section 62(2) section 60(2)
b: replace section 60(5) section 59(2)
3: In section 147(2)(b)
a: replace section 62(3) section 60(3)
b: replace section 60(5) section 59(2)
c: replace section 62(2) section 60(2)
4: Repeal section 147(2)(c)
5: Replace section 147(2)(d)
d: prescribing, for the purposes of section 135A
i: section 131(1)(b)
ii: section 135(1)(b) .
40: Section 148 amended (Other Acts not affected)
In section 148(2) 69 and
41: Section 152 replaced (Repeal)
Replace section 152
152: Repeals
The following Acts are repealed:
a: Guardianship Act 1968 (1968 No 63):
b: Care of Children Amendment Act 2008 (2008 No 74):
c: Care of Children Amendment Act 2013 (2013 No 45).
42: Cross-heading above section 153 replaced
Replace the cross-heading above section 153 Saving and transitional provisions on enactment of this Act .
43: New section 165 and cross-heading inserted
After section 164 Transitional provision applying on enactment of Care of Children Amendment Act (No 2) 2013
165: Proceedings commenced before commencement of this section but not completed
1: This section applies to proceedings under this Act that were commenced before the date of commencement of this section but were not by that date completed (a pending proceeding
2: The following provisions do not apply to a pending proceeding:
a: section 7A
b: section 135A
c: section 135B
3: The following provisions, as in force immediately before the date of commencement of this section, continue to apply to a pending proceeding with any necessary modifications as if the Care of Children Amendment Act (No 2) 2013
a: section 131; and
b: section 135; and
c: section 137.
4: If section 57, as in force immediately before the date of commencement of this section, applied in respect of any interim order, section 57 continues to apply in respect of that order as if the Care of Children Amendment Act (No 2) 2013
5: If in any pending proceeding there is in force immediately before the date of commencement of this section an order for supervised contact between a child who is the subject of the proceeding and any party, sections 62 and 147(2)(a) and (b) continue to apply in respect of that proceeding as if the Care of Children Amendment Act (No 2) 2013
6: If in any pending proceeding a referral to counselling was made either on the court's initiative (under section 45) or on the request of a party (under section 65) and that counselling was arranged or was in progress immediately before the date of commencement of this section,—
a: sections 66, 67, 69, and 138 continue to apply as if the Care of Children Amendment Act (No 2) 2013
b: the counselling may not start or continue 4 months after the date of commencement of this section. |
DLM5042900 | 2013 | Psychoactive Substances Act 2013 | 1: Title
This Act is the Psychoactive Substances 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
1: Preliminary matters
3: Purpose
The purpose of this Act is to regulate the availability of psychoactive substances in New Zealand to protect the health of, and minimise harm to, individuals who use psychoactive substances.
4: Principles
In performing functions or duties or exercising powers (either individually or collectively) under this Act, a person or body must take into account the following principles to the extent that they are relevant to those functions, duties, or powers:
a: a psychoactive product that is approved for use by individuals should pose no more than a low risk of harm to individuals who use it:
b: before a psychoactive product can be approved for use by individuals, the degree of harm posed by the product to individuals who use it should be assessed by the Authority on the basis of—
i: the advice of an expert advisory committee; and
ii: evidence, including the results of preclinical and clinical trials:
c: a psychoactive product that poses no more than a low risk of harm to individuals who use the product should be approved:
d: a psychoactive product that poses more than a low risk of harm to individuals who use the product should be prohibited:
e: a psychoactive product that has not been approved by the Authority should be prohibited, on a precautionary basis, until it has been assessed by the Authority and the Authority is satisfied that it poses no more than a low risk of harm to individuals who use it:
f: animals must not be used in trials for the purposes of assessing whether a psychoactive product should be approved. Section 4(f) inserted 8 May 2014 section 4 Psychoactive Substances Amendment Act 2014
5: Application of Act
1: This Act applies to the importation, manufacture, sale, supply, or possession of a psychoactive substance or approved product for the primary purpose of inducing a psychoactive effect in an individual who uses the substance or product.
2: Schedule 1 see section 107
6: Overview
1: In this Act,—
a: this Part—
i: sets out the purpose of this Act and the principles on which it is based:
ii: provides that this Act binds the Crown:
iii: defines terms used in this Act, including the key term psychoactive substance:
iv: establishes the Psychoactive Substances Regulatory Authority and the Psychoactive Substances Expert Advisory Committee:
b: Part 2
i: creating offences relating to the importation, manufacture, sale, and supply of psychoactive substances without a licence or in breach of licence conditions:
ii: a requirement for the Authority to issue a code of manufacturing practice relating to psychoactive substances:
iii: the process for appeals against decisions of the Authority:
c: Part 3
i: age restrictions and place-of-sale restrictions on the sale of approved products:
ii: advertising, labelling, and packaging restrictions and requirements for approved products:
iii: health-warning requirements for approved products:
iv: signage, storage, and display restrictions and requirements for approved products:
v: creating offences relating to the sale of approved products by or to persons under the age of 18 years and the possession of psychoactive substances without a licence:
vi: the relationship between this Act and other enactments:
vii: authorising the Authority to recall approved products in certain circumstances:
viii: requiring the Ministry to conduct a review of the policy and operation of this Act no later than 5 years after the commencement of the Act:
ix:
x: amending other enactments.
2: This section is a guide only to the general scheme and effect of this Act and does not limit or affect the other provisions of this Act. Section 6(1)(c)(ix) repealed 8 May 2014 section 5 Psychoactive Substances Amendment Act 2014
7: Act binds the Crown
This Act binds the Crown.
2: Interpretation
General
8: Interpretation
In this Act, unless the context otherwise requires,— adverse reaction
a: that is experienced by an individual who has used a psychoactive substance or an approved product; and
b: that is suspected to have arisen from, or to be related to, the use of the substance or product advertising
a: means any words, whether written, printed, or spoken, and any pictorial representation or design, used or appearing to be used to promote the sale of an approved product (for example, a sign, publication, or leaflet); and
b: includes any matter referred to in paragraph (a) that is represented in an electronic or a digital medium advisory committee section 11 alcohol section 5(1) animal section 2(1) appeals committee section 44 approved evidence of age document section 5(1) approved evidence of age system section 5(1) approved laboratory section 87 approved product section 37 Authority section 10 code of manufacturing practice code section 29 constable section 4 Customs officer section 5(1) district section 5(1) drug and substance checking service provider section 2(1) enforcement officer section 76 evidential material section 3(1) export certificate section 89 hazardous substance section 2(1) importation importer section 5(1) individual Internet sale
a: has been entered into using the Internet and is between—
i: a seller whose business is or includes offering the product for sale (whether by retail or wholesale); and
ii: a person (whether the purchaser or a person acting on the purchaser's behalf) who is at a distance from the seller's place of business; and
b: contains a term providing for the product to be delivered by or on behalf of the seller to, or to a place or person chosen by, the purchaser label
a: relates to an approved product; or
b: appears on, is attached to, or is associated with the approved product licence section 16 manufacture
a: means to make up, prepare, produce, or process the substance or product for the purpose of sale; and
b: includes packaging the substance or product for the purpose of sale manufacturer subpart YB Minister Ministry minor New Zealand resident section YD 1 YD 2 place possess private premises section 3(1) psychoactive effect psychoactive product product psychoactive substance section 9 public health section 4 publicly notify
a: in the Gazette
b: on an Internet site maintained by or on behalf of the Authority regulations retail premises retailer sell
a: bartering:
b: offering or attempting to sell or having in possession for sale, or exposing, sending, or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale:
c: retailing:
d: wholesaling special consultative procedure section 5(1) supply
a: includes distribute or give; but
b: does not include sell territorial authority section 5(1) trial
a: means a preclinical or clinical trial; and
b: includes research, testing, and teaching use
a: means use by an individual; and
b: includes—
i: ingesting, inhaling, injecting, or being administered the psychoactive substance; and
ii: any other method of inducing a psychoactive effect from the psychoactive substance vehicle wholesaler Section 8 approved laboratory inserted 7 December 2021 section 21 section 15 Drug and Substance Checking Legislation Act 2021 Section 8 Customs officer amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 8 drug and substance checking service provider inserted 7 December 2021 section 21 section 15 Drug and Substance Checking Legislation Act 2021 Section 8 importation importer amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 8 public health amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Meaning of psychoactive substance
9: Meaning of psychoactive substance
1: In this Act, unless the context otherwise requires, psychoactive substance
2: Psychoactive substance
a: an approved product:
b: a substance, mixture, preparation, article, device, or thing that is, or that is of a kind that is, or belongs to a class that is, declared by the Governor-General by Order in Council made under section 99
3: Despite subsections (1) and (2), psychoactive substance
a: a controlled drug specified or described in Schedule 1 2 3
b: a precursor substance specified or described in Schedule 4
ba: a substance, preparation, mixture, or article specified by an order made under section 4C
c: a medicine within the meaning of section 3 section 94
d: a herbal remedy (within the meaning of section 2(1)
e: a dietary supplement (within the meaning of regulation 2A
f: anything that is ordinarily used or represented for use as food or drink for human beings:
g: any alcohol, unless the alcohol contains a psychoactive substance as defined in subsection (1) or (2) that is not alcohol:
h: any tobacco product (within the meaning of section 2(1) Smokefree Environments and Regulated Products Act 1990
ha: any regulated product (other than a tobacco product) within the meaning of section 2(1)
i: a substance, mixture, preparation, article, device, or thing that is, or that is of a kind that is, or belongs to a class that is, declared by the Governor-General by Order in Council made under section 99 2005 No 81 s 31 Section 9(3)(ba) inserted 13 August 2019 section 8(2) Misuse of Drugs Amendment Act 2019 Section 9(3)(f) replaced 1 March 2016 section 447 Food Act 2014 Section 9(3)(h) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9(3)(ha) inserted 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
3: Key regulatory roles
10: Psychoactive Substances Regulatory Authority
1: This section establishes the Psychoactive Substances Regulatory Authority.
2: The Authority is the Director-General of Health.
3: The office of the Authority must be administered by the Ministry.
11: Psychoactive Substances Expert Advisory Committee
1: This section establishes the Psychoactive Substances Expert Advisory Committee.
2: The functions of the advisory committee are—
a: to evaluate, with regard to the results of trials, psychoactive products to assess whether they should be approved for use by individuals; and
b: to advise the Authority about whether a psychoactive product should or should not be approved for use by individuals; and
c: to increase public awareness of the advisory committee's work in relation to psychoactive substances, for example, by the timely release of papers, reports, and recommendations.
3: For the purposes of subsection (2)(a), the matters that the advisory committee must have regard to in evaluating psychoactive products include—
a: the specific effects of the product, including pharmacological, psychoactive, and toxicological effects; and
b: the risks, if any, to public health; and
c: the potential for use of the product to cause death; and
d: the potential for the product to create physical or psychological dependence; and
e: the likelihood of misuse of the product; and
f: the potential appeal of the product to vulnerable populations; and
g: any other matters that the Authority considers relevant.
4: The advisory committee may comprise up to 6 members who between them must have appropriate expertise in—
a: pharmacology; and
b: toxicology; and
c: neurosciences; and
d: medicine; and
e: any other areas the Authority considers relevant.
5: The Authority may appoint members of the advisory committee on any terms and conditions that the Authority thinks fit.
6: The Authority must appoint 1 member as chairperson of the advisory committee.
7: The Authority must consult the Minister before making an appointment to the advisory committee.
8: The Authority may give terms of reference—
a: for the advice that the advisory committee provides to the Authority:
b: for the use of external experts to assist the advisory committee.
9: The advisory committee may, subject to any provision of this Act or the regulations, determine its own procedure.
10: In performing its functions under this Act, the advisory committee must—
a: act independently; and
b: comply with the principles of natural justice.
11: The advisory committee must provide the Minister with a written annual report of its operations.
12: Advisory committee not to have regard to results of trials involving animals
1: In performing the function set out in section 11(2)(a)
2: However, the advisory committee may have regard to the results of a trial undertaken overseas that involves the use of an animal if the advisory committee considers that the trial shows that the psychoactive product would pose more than a low risk of harm to individuals using the product. Section 12 replaced 8 May 2014 section 6 Psychoactive Substances Amendment Act 2014
2: Psychoactive substances and approved products
1: Licences to import, manufacture, research, and sell
Applications for licence
13: Application for licence
1: A person who is a New Zealand resident may apply to the Authority for 1 or more of the following licences:
a: a licence to import psychoactive substances:
b: a licence to manufacture psychoactive substances:
c: a licence to research psychoactive substances:
d: a licence to sell psychoactive substances that are not approved products:
e: a licence to sell approved products by retail:
f: a licence to sell approved products by wholesale.
2: An application must—
a: be made to the Authority in a form or manner approved by the Authority; and
b: be accompanied by—
i: any particulars, information, documents, or other material required by the Authority and prescribed in the regulations; and
ii: the prescribed fee (if any).
14: Authority may refuse to process application for licence
1: The Authority may refuse to process an application for a licence if the application does not comply with section 13
2: If the Authority refuses to process an application under subsection (1), the Authority must give the applicant written notice of the refusal and the reasons for it.
15: Authority may request further information, etc
1: The Authority may request an applicant for a licence to supply further particulars, information, documents, or other material before deciding whether to grant a licence.
2: An application for a licence lapses if the further particulars, information, documents, or other material requested is not supplied within—
a: 30 days after the date of the request; or
b: any further time that the Authority may allow by written notice to the applicant. Granting of licence
16: Grounds for granting licence
1: The Authority must grant a licence if the Authority is satisfied that—
a: the application has been made in the form or manner required by section 13
b: the application does not contain materially false or misleading information; and
c: for an application made by an individual, the applicant is a fit and proper person to hold the licence; and
d: for an application made on behalf of a body corporate, the body corporate is of good repute.
2: In determining under subsection (1)(c) or (d) whether an applicant is a fit and proper person to hold a licence or a body corporate of good repute, the Authority must take into account—
a: whether the applicant has been convicted of a relevant offence; and
b: whether there has been a serious or repeated failure by the applicant to comply with any requirement of this Act; and
c: whether there are other grounds for considering that the applicant is likely to fail to comply with any requirement of this Act; and
d: any other matter that the Authority considers relevant.
3: For the purposes of subsection (2)(a), relevant offence
a: an offence against this Act; or
b: an offence against the Misuse of Drugs Act 1975 Misuse of Drugs Amendment Act 2005
c: an offence against the Medicines Act 1981
d: a crime involving dishonesty (as defined in section 2(1) Conditions of licence
17: Compulsory conditions of licences
1: It is a condition of a licence to import that the licence holder must, before each importation of a psychoactive substance by the licence holder,—
a: advise the Authority of the importation; and
b: provide to the Authority particulars of—
i: the name and quantity of the psychoactive substance to be imported; and
ii: the intended date of the importation.
2: It is a condition of a licence to manufacture that the licence holder must comply with the code of manufacturing practice at all times.
3: It is a condition of a licence to sell psychoactive substances that are not approved products that the licence holder may only sell psychoactive substances in New Zealand to a person who holds—
a: a licence to manufacture psychoactive substances; or
b: a licence to research psychoactive substances.
4: It is a condition of every licence that the licence holder must—
a: keep, in a secure place at the licence holder's place of business, any records required to be kept by the licence holder by the regulations; and
b: retain those records for the period of time prescribed in the regulations.
5: It is a condition of every licence that the licence holder must, before each exportation of a psychoactive substance by the licence holder,—
a: advise the Authority of the exportation; and
b: provide to the Authority particulars of—
i: the name and quantity of the psychoactive substance to be exported; and
ii: the intended date of the exportation.
18: Discretionary conditions of licence
1: The Authority may, when granting a licence, impose any other conditions on the licence in addition to a relevant condition specified in section 17
2: If a licence holder asks the Authority for the reasons for imposing conditions on the licence under subsection (1), the Authority must, as soon as practicable, provide written reasons. Duration of licence
19: Duration of licence
A licence remains in force for 3 years after the date that it is granted unless—
a: the Authority specifies a shorter period for the licence; or
b: it is sooner cancelled or surrendered under this subpart. Licence not transferable
20: Licence may not be transferred
A licence may not be transferred to, or vest by operation of law in, a person other than the person who was granted the licence. Refusal of licence
21: Refusal to grant licence
1: If the Authority proposes to refuse to grant a licence, the Authority must give the applicant—
a: written notice that clearly informs the applicant of the grounds for the proposed refusal; and
b: a reasonable opportunity to make written submissions.
2: If, after considering any submissions provided by the applicant under subsection (1)(b), the Authority decides to refuse to grant the licence, the Authority must, as soon as practicable, give the applicant written notice of—
a: the decision and the reasons for it; and
b: the applicant's right to appeal the decision under section 45 Suspension, cancellation, and surrender of licence
22: Suspension or cancellation of licence
1: The Authority may suspend or cancel a licence if the Authority is satisfied, at any time after the licence has been granted, that—
a: the licence holder supplied information in the application for the licence that is materially false or misleading:
b: the licence holder has breached any conditions of the licence:
c: the licence holder is failing, or has failed, to comply with any relevant requirement of this Act or the regulations:
d: the licence holder has ceased to be—
i: in the case of an individual, a fit and proper person to hold the licence:
ii: in the case of a body corporate, a body corporate of good repute.
2: The Authority may suspend a licence under subsection (1), for a period of time that is reasonable in the circumstances, to enable the Authority to consider whether to cancel the licence.
3: The Authority may cancel a licence under subsection (1) only after—
a: giving the licence holder a reasonable opportunity to be heard; and
b: considering any evidence provided by the licence holder; and
c: considering submissions made to it by the licence holder.
4: If a licence holder asks the Authority for the reasons for the suspension or cancellation of the licence, the Authority must, as soon as practicable, provide written reasons. 1981 No 118 s 51(6), (7)
23: Surrender of licence
1: If a licence holder ceases to undertake the activity to which a licence relates, the licence holder must, within 30 days of ceasing to undertake the activity, surrender the licence to the Authority.
2: A licence holder may surrender a licence at any other time.
3: On receiving a licence under subsection (1) or (2), the Authority must cancel the licence. Offences relating to licences
24: Offence relating to application for licence
1: A person commits an offence in respect of an application for a licence if the person provides information that the person knows, or ought to have known, is false or misleading in any material respect.
2: A person who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $500,000, or both.
25: Offence relating to importation of psychoactive substance without licence
1: A person must not, without reasonable excuse, import a psychoactive substance without a licence to import.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 years:
b: in the case of a body corporate, to a fine not exceeding $500,000.
26: Offence relating to manufacture of psychoactive substance without licence
1: A person must not, without reasonable excuse, manufacture a psychoactive substance without a licence to manufacture.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 years:
b: in the case of a body corporate, to a fine not exceeding $500,000.
27: Offence relating to sale of approved product without licence
1: A person must not, without reasonable excuse, sell an approved product by retail or by wholesale without an appropriate licence that authorises the sale.
2: A person who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $40,000.
28: Offence relating to breach of licence condition
1: A person who holds a licence must not breach any conditions of the licence.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $500,000, or both. Further provisions relating to manufacture of psychoactive substances
29: Code of manufacturing practice
1: The Authority must issue a code of manufacturing practice relating to the manufacture of psychoactive substances.
2: The code must come into force no later than 6 months after the commencement of this Act.
3: In developing the code and any amendments to it, the Authority must—
a: be guided by the principles of this Act:
b: consult persons or organisations that the Authority considers to be representative of the interests of persons likely to be affected by the code or the proposed amendments to it.
4: The Authority must ensure that the code, and any amendment to the code, specifies the date on which it takes effect.
5: The code is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publish it on a website maintained by or on behalf of the maker • make it available for purchase in hard copy for a reasonable cost 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 29(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 29(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
30: Audit of manufacturing facilities
1: This section applies to a manufacturing facility in which a psychoactive substance is being manufactured under a licence to manufacture.
2: For the purpose of assessing whether the manufacturing facility complies with the code and, if applicable, any conditions of the licence to manufacture, the Authority may do 1 or both of the following:
a: conduct an audit of the manufacturing facility at any time:
b: to the extent that the Authority considers applicable, recognise an audit of the manufacturing facility conducted by another person under another enactment or for any other purpose.
3: The Authority may conduct an audit under subsection (2)(a) in any manner that the Authority considers is appropriate and consistent with the principles of this Act.
31: Authorised person may enter manufacturing facility
1: The Authority may authorise a person (an authorised person
a: assessing an application for a licence to manufacture; or
b: assessing whether the manufacturing facility is complying with the code of manufacturing practice or any conditions of a licence to manufacture.
2: For the purpose of subsection (1)(a) or (b), an authorised person may—
a: open containers and packages and inspect the contents:
b: request, gather, or secure evidence, take samples of any psychoactive substances, and test or analyse or arrange for the testing or analysis of such samples:
c: inspect, inquire about, or copy any documents or other records (including documents or other records in an electronic form) relating to the obligations imposed under this Act or the regulations:
d: remove any documents or other records (including documents or other records in an electronic form) from the manufacturing facility for the purpose of taking copies of the documents or records.
3: An authorised person must provide—
a: evidence of his or her authorisation to the person in charge of the manufacturing facility at the time when the authorised person first enters the facility, and at any later time at the request of the person in charge; and
b: to the person in charge of the manufacturing facility a list of any items that have been removed from the facility.
4: The Authority must ensure that—
a: any items (except a sample) that have been removed from the facility under this section are retained only for as long as is necessary to achieve the purpose for which they were removed; and
b: any property (except a sample) that has been removed is maintained, cared for, and secured during the period of its removal.
5: An authorisation under subsection (1) must be in writing and specify—
a: a reference to this section; and
b: the full name of the authorised person; and
c: a statement of the powers conferred on the authorised person under this section; and
d: the authorised person's reasons for entering the manufacturing facility.
6: For the purposes of subsection (1), enter a manufacturing facility
32: Authority may issue compliance notice
The Authority may issue a compliance notice to any person whose manufacturing facility has been audited under section 30
2: Approved products
Applications for approval
33: Application for approval
1: A person who is a New Zealand resident may apply to the Authority for approval of a psychoactive product as an approved product.
2: The application must—
a: be made to the Authority in a form or manner approved by the Authority; and
b: be accompanied by—
i: any particulars, information, documents, samples, or other material required by the Authority and prescribed in the regulations; and
ii: the prescribed fee (if any).
3: The application must not be accompanied by, or contain, any particulars, information, documents, or other material relating to any trial that the advisory committee must not have regard to under section 12
34: Authority may refuse to process application for approval
1: The Authority may refuse to process an application for approval of a product if the application does not comply with section 33
2: If the Authority refuses to process an application under subsection (1), the Authority must give the applicant written notice of the refusal and the reasons for it.
35: Authority may request further information, etc
1: The Authority may request an applicant to supply further particulars, information, documents, samples, or other material before deciding whether to approve a psychoactive product as an approved product.
2: An application for approval of a product lapses if the requested further particulars, information, documents, samples, or other material is not supplied within—
a: 30 days of the date of the request; or
b: any further time that the Authority may allow by written notice to the applicant.
36: Authority must protect confidential supporting information relating to application for approval
1: This section applies if the Authority has received an application for approval of a psychoactive product under section 33
2: The Authority—
a: must, during the protected period, take reasonable steps to ensure that the confidential supporting information is kept confidential to the Authority; and
b: must not use that confidential supporting information for the purposes of deciding whether to grant any other application for approval of a psychoactive product.
3: Despite subsection (2), the Authority may, during the protected period, disclose the confidential supporting information referred to in subsection (1)—
a: to 1 or more of the following:
i: the World Health Organization:
ii: the Food and Agriculture Organization:
iii: any regulatory agency of a WTO country:
iv: any person or organisation or class of persons or organisations approved by the regulations; and
b: to 1 or more of the following persons or organisations if the Authority is satisfied that the person or organisation will take reasonable steps to ensure that the confidential supporting information is kept confidential:
i: the advisory committee:
ii: the Expert Advisory Committee on Drugs established under section 5AA
iii: any adviser for the purpose of obtaining advice about the psychoactive substance to which the confidential supporting information relates:
iv: a government department or statutory body for the purposes of the government department or statutory body.
4: In this section,— confidential supporting information
a: trade secrets; and
b: information that has commercial value that would be, or would be likely to be, diminished by disclosure protected period WTO country 1981 No 118 ss 23A–23C Granting of approval
37: Grounds for approving product
1: The Authority must approve a psychoactive product as an approved product if the Authority is satisfied that—
a: the application relating to the product—
i: complies with the requirements of section 33
ii: does not contain any materially false or misleading information; and
b: the degree of harm that the product poses to individuals using the product is no more than a low risk of harm.
2: To avoid doubt, if the Authority is unable to satisfy itself of the matter in subsection (1)(b), the Authority must refuse to approve a psychoactive product as an approved product.
3: In deciding whether or not to approve a psychoactive product as an approved product, the Authority must not have regard to any particulars, information, documents, or other material relating to any trial that the advisory committee must not have regard to under section 12 Section 37(2) inserted 8 May 2014 section 7 Psychoactive Substances Amendment Act 2014 Section 37(3) inserted 8 May 2014 section 7 Psychoactive Substances Amendment Act 2014 Conditions of approval
38: Conditions of approval
1: The Authority may, when approving a psychoactive product, impose conditions on the approval as the Authority thinks fit.
2: If the applicant asks the Authority for the reasons for imposing conditions under subsection (1), the Authority must, as soon as practicable, provide written reasons. Refusal and revocation of approval
39: Refusal to grant approval
1: If the Authority proposes to refuse to approve a psychoactive product as an approved product, the Authority must give the applicant—
a: written notice that clearly informs the applicant of the grounds for the proposed refusal; and
b: a reasonable opportunity to make written submissions.
2: If, after considering any submissions provided by the applicant under subsection (1)(b), the Authority decides to refuse to approve the product, the Authority must, as soon as practicable, give the applicant written notice of—
a: the decision and the reasons for it; and
b: the applicant's right to appeal against the decision under section 45
40: Revocation of approval
1: The Authority may, at any time, by notice in the Gazette section 37
2: If the Authority revokes an approval, the Authority—
a: must notify the person who applied for approval of the product:
b: may issue a recall order for the product under section 88 1981 No 118 s 35 Offences relating to approvals
41: Offence relating to application for approval
1: A person commits an offence in respect of an application for approval of a psychoactive product if the person—
a: provides information that the person knows, or ought to know, is materially false or misleading; or
b: fails, without reasonable excuse, to provide any relevant information relating to—
i: the ingredients of the product; or
ii: the effect of the product on individuals who use the product.
2: A person who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $500,000, or both.
42: Offence relating to breach of conditions of approval
1: A person commits an offence if, without reasonable excuse, the person imports, manufactures, or sells an approved product in breach of any conditions of the approval imposed by the Authority under section 38
2: A person who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $500,000, or both. Register of products
43: Register of products
1: The Authority must keep and maintain a register of—
a: approved products; and
b: psychoactive products that the Authority has refused to approve.
2: The purpose of the register is—
a: to enable a member of the public—
i: to obtain information about approved products; and
ii: to confirm whether a psychoactive product is an approved product:
b: to assist any person in the performance of the person's functions or duties, or in the exercise of the person's powers, under this Act or any other enactment.
3: The Authority must publish the register on an Internet site maintained by, or on behalf of, the Authority.
4: This section is subject to section 36
3: Appeals against decisions of Authority
44: Psychoactive Substances Appeals Committee
1: This section establishes the Psychoactive Substances Appeals Committee.
2: The function of the appeals committee is to determine appeals against decisions of the Authority made by or under this Act.
3: The appeals committee must consist of 3 members, each appointed by the Minister on any terms and conditions that the Minister thinks fit.
4: One member of the appeals committee must be a lawyer (as defined in section 6
5: The appeals committee may, subject to any provision of this Act or the regulations, regulate its own procedure.
6: In performing its functions or exercising its powers under this Act, the appeals committee must—
a: act independently; and
b: comply with the principles of natural justice.
45: Appeals against Authority's decisions
1: A person who has applied for a licence under section 13 section 16
a: to refuse to grant the person a licence:
b: to impose a condition on the person's licence:
c: to suspend or cancel the person's licence.
2: A person who has applied for approval of a psychoactive product under section 33
a: to refuse to approve the psychoactive product:
b: to impose a condition on the approval of the psychoactive product:
c: to revoke the approval of the psychoactive product:
d: to issue a recall order for the approved product.
3: The appeal under subsection (1) or (2) must be made within 60 days after the decision appealed against is given, or within any further period that the appeals committee may allow.
4: A decision of the Authority against which an appeal is lodged continues in force unless the appeals committee orders otherwise.
5: An appeal under subsection (1) or (2) is by way of rehearing.
6: On hearing the appeal, the appeals committee may—
a: confirm, reverse, or modify the decision appealed against:
b: make any other decision that the Authority could have made.
7: The appeals committee must not review any decision, or any part of a decision, not appealed against.
46: Appeals committee may refer appeals back for reconsideration
1: The appeals committee may, instead of determining any appeal under section 45
2: In giving any direction under subsection (1), the appeals committee must—
a: advise the Authority of its reasons for so doing; and
b: give to the Authority any other directions it thinks just as to the whole or any part of the matter that is referred back for reconsideration.
3: In reconsidering any matter referred back to it under subsection (1), the Authority must have regard to the appeals committee's directions and the appeals committee's reasons for giving the directions. Further appeals
47: Appeal to High Court on question of law
An appeal against a determination or direction of the appeals committee on a question of law only may be made to the High Court in accordance with the rules of court.
3: Control of approved products and other matters
1: Control of approved products
Age restrictions
48: Restriction on persons under 18 years buying or possessing psychoactive substances (including approved products)
1: A person under the age of 18 years commits an offence if the person buys or possesses any psychoactive substance, including an approved product.
2: Subsection (1) does not apply to a person who buys a psychoactive substance or an approved product at the request of a constable or an enforcement officer acting in the course of his or her duties.
3: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $500.
49: Restriction on selling approved products to persons under 18 years
1: A person must not sell an approved product to a person who is under the age of 18 years.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
3: It is a defence to a charge under subsection (2) if the defendant proves that he or she had reasonable grounds to believe that the person to whom the approved product was sold was aged 18 years or over.
4: Without limiting subsection (3), reasonable grounds exist for the purposes of that subsection if the defendant proves that, before or at the time of the sale of the approved product,—
a: there was produced to the defendant a document purporting to be an approved evidence of age document, and the defendant believed on reasonable grounds that the document—
i: was in fact an approved evidence of age document; and
ii: related to the person to whom the approved product was sold; and
iii: indicated that the person to whom the approved product was sold was aged 18 years or over:
b: the defendant verified the person's age using an approved evidence of age system in the approved manner.
5: It is not a defence to a charge under subsection (2) that—
a: the person to whom the approved product was sold was buying it for, on behalf of, or as agent for a person aged 18 years or over; or
b: the defendant believed on reasonable grounds that the person to whom the approved product was sold was buying it for, on behalf of, or as agent for a person aged 18 years or over. 2005 No 81 ss 36 37
50: Restriction on supplying approved products to persons under 18 years in public place
1: A person must not supply an approved product to a person—
a: who is under the age of 18 years; or
b: with the intention that it be supplied (directly or indirectly) to a person who is under the age of 18 years.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.
3: It is a defence to a charge under subsection (2) if the defendant proves that he or she had reasonable grounds to believe that the person to whom the approved product was supplied was aged 18 years or over.
4: Without limiting subsection (3), reasonable grounds exist for the purposes of that subsection if the defendant proves that, before or at the time of the supply of the approved product, there was produced to the defendant a document purporting to be an approved evidence of age document, and the defendant believed on reasonable grounds that the document—
a: was in fact an approved evidence of age document; and
b: related to the person to whom the approved product was supplied; and
c: indicated that the person to whom the approved product was supplied was aged 18 years or over.
5: It is not a defence to a charge under subsection (2) that—
a: the person to whom the approved product was supplied was acquiring the product for, on behalf of, or as agent for a person aged 18 years or over; or
b: the defendant believed on reasonable grounds that the person to whom the approved product was supplied was acquiring the product for, on behalf of, or as agent for a person aged 18 years or over.
6: Subsections (1) and (2) do not apply to a person who is acting in the performance or exercise of a function, duty, or power under this Act or any other enactment.
7: Subsection (2) applies irrespective of any liability that may attach to a person who has supplied the approved product concerned to any other person. 1990 No 108 s 30AA(1), (5) ss 39 40
51: Restriction on employing persons under 18 years to sell approved products
1: A person must not employ a person under the age of 18 years to sell (including by Internet sale) an approved product on behalf of the person.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000. Other restrictions, prohibitions, and requirements relating to approved products
52: Prohibitions and restrictions on place of sale of approved products
1: A person must not sell an approved product from any of the following:
a: a shop commonly thought of as a dairy:
b: a shop commonly thought of as a convenience store:
c: a grocery store or a supermarket:
d: any premises where the principal business carried on is—
i: the sale of automotive fuels; or
ii: the repair and servicing of motor vehicles and the sale of automotive fuels:
e: any premises where alcohol is sold or supplied under a licence issued under the Sale and Supply of Alcohol Act 2012
f: any premises that are not a fixed permanent structure (for example, a tent or marquee):
g: any vehicle or other conveyance (for example, a mobile street cart):
h: any other place or premises specified or described in the regulations.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $50,000. 2005 No 81 s 41
53: Restrictions and requirements relating to Internet sales of approved products
1: This section applies to an offer of an approved product by Internet sale to which a prescribed restriction or prescribed requirement applies.
2: A person must not offer an approved product by Internet sale in a way that does not comply with the prescribed restriction or prescribed requirement.
3: A person who contravenes subsection (2) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000; and
b: in the case of a body corporate, to a fine not exceeding $10,000.
54: Prohibition on free-of-charge distribution and rewards of approved products
1: A manufacturer, importer, wholesaler, or retailer of an approved product must not—
a: distribute an approved product free of charge; or
b: supply an approved product to a person free of charge for the purpose of subsequent distribution; or
c: in the case of a retailer, supply an approved product to a person free of charge for the purpose of that retailer's business.
2: A manufacturer, importer, wholesaler, or retailer of an approved product must not—
a: offer any gift or cash rebate, or the right to participate in any contest, lottery, or game, to the purchaser of an approved product in consideration for the purchase of that approved product or to any person in consideration for the provision of evidence of a purchase of that kind; or
b: offer, to any retailer, a gift or cash rebate, or the right to participate in any contest, lottery, or game, as an inducement or reward in relation to—
i: the purchase or sale of an approved product by that retailer; or
ii: the advertising of an approved product inside that retailer's place of business; or
iii: the display of an approved product in a particular part of that retailer's place of business.
3: Subsection (2) does not apply to a payment or reward to any person who purchases or attempts to purchase an approved product—
a: with the consent of the Authority, the Commissioner of Police, or some other person authorised for the purpose by the Authority or the Commissioner; and
b: for the purpose of monitoring compliance with the provisions of this Act.
4: A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000. 2005 No 81 s 42
55: Prohibition on sponsoring activity involving use of trade mark, etc, of approved product
1: A person must not sponsor an organised activity that is to take place, is taking place, or has taken place, in whole or in part, in New Zealand and that involves the use of, in the name of that activity, or on or through any thing other than an approved product, 1 or more of the following:
a: an approved product trade mark:
b: all or any part of a company name included in an approved product trade mark:
c: 1 or more words, logos, colours, shapes, sounds, smells, or other elements of an approved product trade mark that, as those 1 or more elements are used in the name, or on or through the thing, are likely to cause a person exposed to the name or thing to believe that the 1 or more elements are used in, on, or through it only or mainly for the purpose of advertising the product.
2: A person sponsors an activity for the purposes of subsection (1) if the person does 1 or more of the following:
a: organises or promotes, before the activity is to take place, or during the time that it takes place, some or all of the activity:
b: makes, before the activity is to take place, or during or after the time that it takes place, any financial or non-financial contribution towards some or all of the activity:
c: makes, before the activity is to take place, or during or after the time that it takes place, any financial or non-financial contribution to any other person in respect of the organisation or promotion, by that other person, of, or the participation, by that other person, in, some or all of the activity.
3: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: in the case of an importer, manufacturer, or wholesaler, to a fine not exceeding $50,000:
b: in the case of a retailer, to a fine not exceeding $10,000. 1990 No 108 s 25
56: Prohibitions, restrictions, and requirements relating to advertising of approved products
1: A person must not advertise an approved product—
a: on television or on radio; or
b: in any newspaper or other periodical publication printed and published in New Zealand; or
c: on an Internet site (except an Internet site maintained for the primary purpose of the Internet sale of approved products); or
d: on or in any other medium prescribed in the regulations.
2: A person must not advertise an approved product—
a: in a manner, way, medium, or form that conveys that the product is safe:
b: in a manner, way, medium, or form that contains themes that are, or are likely to be, particularly appealing to minors:
c: where the advertising is accompanied by incentives that are designed to encourage persons to buy an approved product (for example, a promotional gift or the free-of-charge supply of an approved product).
3: Advertising for an approved product (except a product sold by Internet sale)—
a: may appear only in premises where the approved product is sold; and
b: must be confined to the inside of the premises; and
c: must not be easily visible or audible from outside the premises; and
d: must be limited to material that communicates objective information about the product, including (without limitation)—
i: the active ingredients of the product and the appropriate quantity of each active ingredient:
ii: the price of the product.
4: A person must not advertise an approved product in a way that does not comply with subsection (3).
5: A person who contravenes subsection (1), (2), or (4) commits an offence and is liable on conviction,—
a: in the case of an importer, manufacturer, or wholesaler, to a fine not exceeding $50,000:
b: in the case of a retailer, to a fine not exceeding $10,000. 2005 No 81 s 43
57: Restriction on retailer's name using words, expressions, or trade marks, etc, associated with approved products
1: This section applies to a retailer of an approved product.
2: The retailer of an approved product may display the retailer's name or trade name at the outside of the retail premises from which approved products are sold, but only if that name is not and does not include either or both of the following:
a: any word or expression signifying that any approved product is available inside the premises for purchase:
b: the trade mark of an approved product or the company name of an approved product manufacturer.
3: A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.
58: Restrictions and requirements relating to labelling of approved products
1: A label for an approved product must not be designed in a manner or way, or using a medium or form, so as to particularly appeal, or to be likely to particularly appeal, to minors.
2: A label for an approved product must include the following information in a prominent position on the label:
a: a list of the active ingredients of the product and the appropriate quantity of each active ingredient; and
b: the appropriate health warning relating to the product; and
c: the contact details of the importer, manufacturer, wholesaler, or retailer of the product; and
d: the telephone number of the National Poisons Centre information service or any other telephone service prescribed in the regulations; and
e: any other information prescribed by the regulations.
3: A person must not sell an approved product with a label that does not comply with subsection (1) or (2).
4: A person who contravenes subsection (1), (2), or (3) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000. 2005 No 81 s 44
59: Restrictions and requirements relating to packaging of approved products
1: A person must not sell an approved product to which a prescribed restriction or prescribed requirement relating to packaging applies in a package that does not comply with that restriction or requirement.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000. 2005 No 81 s 45
60: Requirement relating to health warnings
1: A person must not sell an approved product without an appropriate health warning relating to the product on the label.
2: For the purposes of subsection (1), the health warning must contain the information prescribed in the regulations.
3: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000. 2005 No 81 s 46
61: Requirement to display signage
1: A person must not sell an approved product to which a prescribed requirement relating to signage applies without displaying signage that complies with that requirement.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000. 2005 No 81 s 47
62: Restrictions and requirements relating to storage and display of approved products
1: A person who sells an approved product to which a prescribed restriction or prescribed requirement relating to storage or display applies must not store or display the product in a way that does not comply with that restriction or requirement.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000. 2005 No 81 s 49
63: Restrictions and requirements relating to disposal of psychoactive substances
1: An importer, manufacturer, or seller of a psychoactive substance to which a prescribed restriction or prescribed requirement relating to disposal applies must not dispose of the substance in a way that does not comply with that restriction or requirement.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
64: Requirement to keep records relating to psychoactive substances and approved products
1: A person who holds a licence under this Act in respect of psychoactive substances or approved products must—
a: keep, in a secure place at that person's place of business, any records required to be kept by that person by the regulations; and
b: retain those records for the period of time prescribed in the regulations.
2: A person who fails to comply with subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000. 2005 No 81 s 53 Prohibitions and restrictions on convicted persons selling approved products
65: Prohibitions and restrictions on convicted persons selling approved products
1: This section applies if a person has been convicted of any offence under this Act and, within 2 years of being sentenced for that offence, the person is convicted of another offence under this Act.
2: In imposing the sentence for the second or subsequent offence, the court may (in addition to any sentence it might impose and any other order in the nature of a penalty it might make) make an order—
a: prohibiting either or both of the following:
i: the sale of any approved products or approved products of a specified kind by or on behalf of the person (including by Internet sale):
ii: the sale of any approved products or approved products of a specified kind at the place or on the premises at which the second or subsequent offence occurred:
b: imposing any conditions or restrictions (or both) that the court thinks fit on either or both of the following:
i: the sale of approved products by or on behalf of the person (including by Internet sale):
ii: the sale of approved products at the place or on the premises at which the second or subsequent offence occurred.
3: The order must state—
a: the date that it takes effect (which may be the date on which it is made or a later date); and
b: the date that it expires (which must be a date at least 4 weeks and not more than 3 months after the date that it takes effect).
4: A person who contravenes an order made under subsection (2) commits an offence and is liable on conviction to a fine not exceeding $50,000. 1990 No 108 s 30AB s 54 Local approved products policies
66: Territorial authority may have local approved products policy
1: Any territorial authority may have a policy relating to the sale of approved products within its district.
2: A local approved products policy may—
a: provide differently for different parts of its district; and
b: apply to only part (or 2 or more parts) of its district; and
c: apply differently to premises for which licences of different kinds are held or have been applied for.
3: No territorial authority is required to have a local approved products policy.
67: Territorial authorities may adopt joint local approved products policy
1: Two or more territorial authorities may adopt a single local approved products policy for their districts.
2: If subsection (1) applies, the 2 or more territorial authorities are to be treated in respect of the local approved products policy as if they were a single territorial authority with a single district.
68: Content of local approved products policy
A local approved products policy may include policies on 1 or more of the following matters:
a: the location of premises from which approved products may be sold by reference to broad areas within the district:
b: the location from which approved products may be sold by reference to proximity to other premises from which approved products are sold within the district:
c: the location of premises from which approved products may be sold by reference to proximity to premises or facilities of a particular kind or kinds within the district (for example, kindergartens, early childhood centres, schools, places of worship, or other community facilities).
69: Adoption and review of local approved products policy
1: A territorial authority that wishes to have a local approved products policy must adopt the policy in accordance with the special consultative procedure in section 83
2: A local approved products policy may be amended or replaced only in accordance with the special consultative procedure, and this section applies to that amendment or replacement.
3: A territorial authority must, as soon as practicable after adopting or amending a local approved products policy, provide a copy of the policy to the Authority.
4: A territorial authority must complete a review of a local approved products policy within 5 years after the policy is adopted and then at intervals of not more than 5 years.
5: A local approved products policy does not cease to have effect because it is due for review or is being reviewed.
2: Offences relating to psychoactive substances that are not approved products
70: Offences relating to psychoactive substance that is not approved product
1: A person commits an offence if the person, without reasonable excuse,—
a: sells or supplies a psychoactive substance that is not an approved product to any person; or
b: offers to sell or supply a psychoactive substance that is not an approved product to any person; or
c: possesses a psychoactive substance that is not an approved product with the intent to sell or supply the psychoactive substance to any person.
2: Subsection (1) does not apply to a person who holds a licence to sell psychoactive substances that are not approved products that applies to the psychoactive substance.
2A: Subsection (1) also does not apply to—
a: a person who gives a psychoactive substance that is not an approved product to a drug and substance checking service provider for the purpose of checking or for disposal:
b: a drug and substance checking service provider who returns a psychoactive substance that is not an approved product to the person who submitted it for checking:
c: a drug and substance checking service provider who supplies a psychoactive substance that is not an approved product to an approved laboratory for testing.
3: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 2 years:
b: in the case of a body corporate, to a fine not exceeding $500,000. Section 70(2A) inserted 7 December 2021 section 22 section 16 Drug and Substance Checking Legislation Act 2021
71: Offence relating to personal possession of psychoactive substance that is not approved product
1: A person commits an offence if the person has a psychoactive substance that is not an approved product in his or her possession.
2: Subsection (1) does not apply to a person who holds a licence in respect of the psychoactive substance.
2A: Subsection (1) also does not apply to a drug and substance checking service provider if the service provider has possession of the psychoactive substance in the course of performing the service provider’s functions.
2B: Subsection (2A) is subject to the conditions of the service provider’s licence.
3: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $500. Section 71(2A) inserted 7 December 2021 section 23 section 17 Drug and Substance Checking Legislation Act 2021 Section 71(2B) inserted 7 December 2021 section 23 section 17 Drug and Substance Checking Legislation Act 2021 Infringement offences
72: Interpretation
In this subpart,— infringement fee infringement offence
a: section 48
b: section 50
c: section 71
73: Proceedings for infringement offence
A person who is alleged to have committed an infringement offence may—
a: be proceeded against by the filing of a charging document under section 14
b: be served with an infringement notice as provided for in section 74
74: Infringement notices
1: If a constable observes a person committing an infringement offence, or has reasonable grounds to believe that such an offence is being or has been committed by the person, the constable may serve an infringement notice in respect of the offence on the person.
2: A constable (not necessarily the person who issued the notice) 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.
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
75: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account.
3: Enforcement
Enforcement officers
76: Enforcement officers
1: The Authority may appoint enforcement officers to enforce this Act.
2: A person appointed as an enforcement officer may be—
a: a person appointed by name; or
b: the holder for the time being of a particular position.
3: A person appointed under subsection (1) is not by virtue of that appointment alone—
a: an officer or employee of the public service
b: a person to whom the Public Service Act 2020 Government Superannuation Fund Act 1956
4: The Authority must not appoint a person under subsection (1) unless the Authority is satisfied that the person is suitably qualified and trained and is a fit and proper person for appointment as an enforcement officer.
5: The Authority may do 1 or more of the following:
a: appoint persons to enforce only some of the provisions of this Act:
b: appoint persons to exercise only some of the powers conferred on enforcement officers by this Act:
c: appoint persons subject to limitations or restrictions on their exercise of enforcement powers.
6: An enforcement officer must have an instrument of appointment identifying the holder as an enforcement officer appointed under this section.
7: An enforcement officer's instrument of appointment must state—
a: that the officer is appointed to enforce—
i: all the provisions of this Act; or
ii: only specified provisions of this Act; or
iii: all the provisions of this Act except certain specified provisions; and
b: that the officer is appointed to exercise—
i: all enforcement powers; or
ii: only specified enforcement powers; or
iii: all enforcement powers except certain specified powers; and
c: all limitations and restrictions (if any) that are imposed on the person's exercise of enforcement powers under subsection (5)(c). 1990 No 108 s 14 s 55 Section 76(3)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 76(3)(b) amended 7 August 2020 section 135 Public Service Act 2020 Enforcement powers
77: Warrantless power to enter and search
1: A constable may enter and search a place (except private premises), vehicle, or other thing without a warrant if the constable has reasonable grounds—
a: to believe that it is not practicable to obtain a warrant; and
b: to believe that there is a psychoactive substance in or on the place, vehicle, or other thing; and
c: to suspect that in or on the place, vehicle, or other thing an offence against any of sections 25 26 70
d: to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.
2: The provisions of Part 4 subpart 3 2012 No 24 s 20
78: Power to enter and search retail premises
1: An enforcement officer or a constable may at any reasonable time enter and inspect any retail premises (or any part of the premises) to ascertain whether the licence holder is complying with the provisions of this Act and the conditions of the licence.
2: For the purposes of subsection (1), an enforcement officer or a constable may—
a: require the production of any licence or records that are required by this Act to be kept and examine and make copies of them; and
b: require the licence holder or any person appearing to be in charge of the retail premises (or any part of the premises) to provide any information or assistance reasonably required by the enforcement officer or the constable relating to any matter within the duties of the licence holder or the person in charge.
3: A person must not, without reasonable excuse,—
a: refuse or fail to admit to any retail premises any enforcement officer or constable who demands entry under subsection (1); or
b: delay unreasonably in admitting to any retail premises any enforcement officer or constable who demands entry under subsection (1).
4: The licence holder or any other person appearing to be in charge of the retail premises (or any part of the premises) must not, without reasonable excuse, refuse or fail—
a: to produce the licence or any records when required to do so under subsection (2)(a); or
b: to provide any assistance or information when required to do so under subsection (2)(b).
5: A person who contravenes subsection (3) or (4) commits an offence and is liable on conviction to a fine not exceeding $2,000. 2012 No 120 s 267
79: Warranted power to enter and search
1: An issuing officer (within the meaning of section 3(1) subpart 3
a: to suspect that an offence has been, is being, or is about to be committed against this Act; and
b: to believe that the search will find evidential material in respect of the offence in or on the place, vehicle, or other thing.
2: The provisions of Part 4
3: Despite subsection (2), sections 118 119
80: Power to demand information where offence against section 49 suspected
1: Subsection (2) applies to an enforcement officer or a constable who, at any time, has reasonable grounds to suspect that within the previous 14 days an approved product was sold to a person under the age of 18 years at a place in contravention of section 49
2: The enforcement officer or constable may,—
a: if he or she has reasonable grounds to believe that the person who sold the approved product is at the place, require that person to give the enforcement officer or constable his or her name and address and date of birth; or
b: if the person who is believed to have sold the approved product is not present at the place, require any other person appearing to be in charge of the place (or any part of the place) to give the officer or constable the name and address and date of birth of the person who the enforcement officer or constable has reasonable grounds to believe sold the product.
3: An enforcement officer or a constable who suspects that a person referred to in subsection (2)(a) is under the age of 17 years must not require that person to give the officer or constable his or her name and address and date of birth unless—
a: there is no other person who appears to be in charge of the place; or
b: there is another person who appears to be in charge of the place, but the enforcement officer or constable suspects that that other person is also under the age of 17 years.
4: If an enforcement officer or a constable suspects that a person referred to in subsection (2)(b) is under the age of 17 years, the enforcement officer or constable must not require that person to give the name and address and date of birth of any other person if the other person is in the place concerned and appears to be of or over the age of 17 years.
5: The powers conferred by this section must be used only for, and only to the extent necessary for, finding out the name and address of (or, if the address is not within the knowledge of the person asked, the name and any other identifying information within that person's knowledge and relating to) a person the enforcement officer or constable believes to have sold an approved product to a person under the age of 18 years. 2005 No 81 s 58
81: Power to demand information where offence against section 48, 50, or 71 suspected
1: A constable who has reasonable cause to suspect that a person has committed, is committing, or is attempting to commit an offence against section 48 50 71
2: A constable who believes on reasonable grounds that any particulars provided under subsection (1) are false may require the person concerned to provide satisfactory evidence of the particulars.
82: Forfeiture
1: A constable may seize and remove a psychoactive substance or an approved product if the constable has reasonable grounds to believe that an offence against this Act has been, is being, or is about to be committed in respect of the psychoactive substance or approved product.
2: If a person is found guilty of an offence against this Act in respect of a psychoactive substance or an approved product seized under subsection (1), the psychoactive substance or approved product is forfeit to the Crown.
3: A psychoactive substance or an approved product is forfeit to the Crown if—
a: it is seized by the Police from a person under the age of 18 years who is issued with an infringement notice in respect of an offence against section 48 50 71
b: the infringement fee is later paid.
4: If a person is acquitted of an offence against this Act, the psychoactive substance or approved product seized under this section in relation to the offence—
a: may be collected from the relevant Police station within 28 days of the acquittal by or on behalf of the person or, if the person is under the age of 18 years, by the person's parent or guardian; and
b: if not collected within that time, may be disposed of in any manner that the Commissioner of Police directs.
5: If subsection (2), (3), or (4) does not apply, subpart 6 Offences relating to enforcement
83: Obstructing enforcement officer or constable
1: A person commits an offence if the person—
a: wilfully obstructs an enforcement officer or a constable performing any function or duty or exercising any powers under this Act; or
b: when required under section 80 81
2: A person who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $500. 2005 No 81 s 60 International controlled delivery of psychoactive substances
84: International controlled delivery of psychoactive substances
1: An enforcement officer, a constable, a Customs officer, or an officer of a relevant law enforcement agency with which there is an agreement of the kind referred to in subsection (3)(a) who is involved in an international controlled delivery—
a: does not commit an offence under this Act by reason of taking part in the international controlled delivery; and
b: unless he or she is acting in bad faith, is not subject to any criminal or civil liability as a result of taking part in the international controlled delivery.
2: Subsection (1) does not affect the liability of any person charged with an offence under this Act.
3: In this section, international controlled delivery
a: with the agreement of the relevant law enforcement agencies of the countries that the substance is to pass through or into; and
b: with a view to identifying persons involved in—
i: the commission of an offence under this Act; or
ii: an act that would, if done or committed in New Zealand, be an offence under this Act. 1978 No 65 s 12D Liability of principals and directors
85: Liability of principals and directors
1: If a person (the agent principal
a: that the act that constituted the offence took place with his or her authority, permission, or consent; or
b: that he or she knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
2: If a body corporate commits an offence against this Act, every director and every person concerned in the management of the body corporate commits the same offence if it is proved—
a: that the act that constituted the offence took place with his or her authority, permission, or consent; or
b: that he or she knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it. 2012 No 118 s 40
4: Other powers of Authority
86: Authority may declare recognised authorities
1: The Authority may, by notice in the Gazette
a: for a specified purpose under this Act or a provision of this Act; and
b: for a specified period or not.
2: Before declaring a person or body to be a recognised authority for a specified purpose under this Act or a provision of this Act, the Authority must be satisfied that the person or body (whether in New Zealand or overseas)—
a: makes decisions, or is engaged in an area of work, in respect of psychoactive substances; and
b: is required, in making those decisions or engaging in that area of work, to assess conformity or compliance with criteria that are equivalent to or more robust than those under this Act.
87: Approved laboratories
1: The Authority may, by notice in the Gazette
2: An approval under subsection (1) may be granted on the terms and conditions (if any) that the Authority thinks fit and that are specified in the notice approving the laboratory. 1975 No 116 s 5A
88: Recall orders
1: The Authority may issue a recall order to the importer, manufacturer, wholesaler, or retailer of an approved product.
2: On receipt of a recall order, the importer, manufacturer, wholesaler, or retailer of the approved product must—
a: advise the Authority of the details of the manner in which that person intends to comply with the order; and
b: advise the Authority in writing when the recall order has been complied with.
3: An importer, manufacturer, wholesaler, or retailer who fails to comply, in any respect, with a recall order issued under subsection (1) or any requirement under subsection (2) commits an offence and is liable on conviction,—
a: in the case of a retailer, to a fine not exceeding $100,000:
b: in the case of an importer, manufacturer, or wholesaler, to a fine not exceeding $500,000.
4: In this section, recall order 2005 No 81 s 52
89: Export certificates
1: A person may apply to the Authority for an export certificate in relation to an approved product.
2: An application for an export certificate must—
a: be made to the Authority in a form or manner approved by the Authority; and
b: be accompanied by the prescribed fee (if any).
3: An export certificate is a written statement that the Authority is satisfied that the approved product poses no more than a low risk of harm to individuals using the approved product.
4: The Authority may determine the form and content of the export certificate.
5: The Authority may withdraw the export certificate at any time if the approval of the product is revoked under section 40
a: approval of the product was incorrectly or inappropriately granted; or
b: events or circumstances occurring since the approval was granted mean that the approval—
i: no longer applies; or
ii: is misleading.
6: An export certificate is not a guarantee that the approved product—
a: meets any requirements that might apply to such products outside New Zealand:
b: poses no more than a low risk of harm to individuals using the approved product.
5: Cost recovery
90: Costs to be recovered
The Minister must take all reasonable steps to ensure that the direct and indirect costs of administering this Act that are not provided for by money appropriated by Parliament for the purpose are recovered under this subpart, whether by way of fees, levies, or otherwise.
91: Principles of cost recovery
1: In determining the most appropriate method of cost recovery under section 90
a: equity, in that funding for a particular function, power, or service (or a particular class of function, power, or service) should generally, and to the extent practicable, be sourced from the users or beneficiaries of the relevant functions, powers, or services at a level commensurate with their use of or benefit from the function, power, or service:
b: efficiency, in that the allocation of costs should generally be allocated and recovered in order to ensure that maximum benefits are delivered at minimum cost:
c: justifiability, in that costs should generally be recovered to meet only the actual and reasonable costs (including indirect costs) of the provision of or exercise of the relevant function, power, or service:
d: transparency, in that costs should generally be identified, and allocated as closely as practicable to, tangible service provision in the recovery period in which the service is provided:
e: ease of administration, in that the costs of collection should generally be kept as low as possible.
2: Costs should not be recovered under this subpart unless—
a: there has been appropriate consultation with persons or organisations that the Authority considers representative of the interests of persons likely to be substantially affected by the exercise of the power; and
b: the persons involved have been given sufficient time and information to make an informed contribution.
3: Subsection (2) does not require consultation in relation to specific fees or charges, or the specific levels of fees or charges, as long as the fees or charges are set reasonably within the scope of any general consultation.
4: A failure to comply with subsection (2) does not affect the validity of any regulations made for the purposes of this subpart.
5: This section does not require the strict apportionment of the costs that are to be recovered for a particular function or service based on usage.
6: Without limiting the way in which fees and charges may be set under this subpart, a fee or charge may be set at a level or in a way that—
a: is determined by calculations that involve an averaging of costs or potential costs:
b: takes into account costs or potential costs of services (that are not directly to be provided to the person who pays the fee or charge but which are an indirect or potential cost) arising from the delivery of the service to a class of persons or all persons who use the service.
92: Methods of cost recovery
The methods by which costs may be recovered under this subpart are as follows:
a: fixed fees or charges:
b: fees or charges based on a scale or formula or at a rate determined on a time-unit basis:
c: fees or charges based on the actual and reasonable costs expended in, or associated with, the performance of a service or function:
d: fees or charges based on estimated costs and paid before the provision of the service, followed by reconciliation and an appropriate further payment or refund after the provision of the service or function:
e: refundable or non-refundable deposits paid before the provision of the service or function:
f: fees or charges imposed on all users of services, classes of users of services, all beneficiaries of services, or classes of beneficiaries of services:
g: levies:
h: any combination of the above.
93: Cost recovery to relate generally to financial year
1: Except as provided in subsection (2), any regulations under this subpart that set a fee, charge, or levy that applies in any financial year—
a: must have been made before the start of that financial year; but
b: except as the regulations may otherwise provide, apply in that year and all subsequent years until revoked or replaced.
2: Subsection (1) does not prevent the alteration or setting during any financial year of a fee, charge, or levy payable in that year if—
a: the fee, charge, or levy is reduced, removed, or restated without substantive alteration; or
b: in the case of an increase of a fee, charge, or levy or a new fee, charge, or levy,—
i: appropriate consultation has been carried out with persons or representatives of persons substantially affected by the alteration or setting; and
ii: the Minister is satisfied that those persons, or their representatives, agree or substantially agree with the alteration or setting.
3: Subsection (1) does not prevent the amendment of any regulation setting a fee, charge, or levy if any substantive alteration effected by the amendment is for the purpose of correcting an error.
4: Recovery may be made in any financial year of any shortfall in cost recovery for any of the preceding 4 financial years, and allowance may be made for any over-recovery of costs in those years (including any estimated shortfall or over-recovery for the immediately preceding financial year).
94: Three-yearly review of cost recovery
1: The Minister must review the levels and methods of cost recovery in relation to any class of psychoactive substance or approved products, persons, or other matter at least once in every 3-year period occurring since the original setting of, or latest change to, the cost recovery of those things.
2: The Minister must ensure that appropriate consultation takes place in relation to any such review.
3: A review may make provision for recovery in any relevant financial year of any shortfall in cost recovery for any of the preceding 4 financial years, or make allowance for any over-recovery of costs in those years (including any estimated shortfall or over-recovery for the immediately preceding financial year).
4: Subsection (1) does not—
a: require all areas of cost recovery to be reviewed at the same time:
b: impose any time limit on the making of regulations to implement the results of a review.
95: Regulations prescribing fees and charges
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the payment of fees or charges.
2: The regulations may—
a: prescribe fees or charges of a kind or kinds described in section 92(a) to (f)
b: specify the persons liable for the payment of the fees or charges:
c: exempt any person or classes of persons from paying the fees or charges:
d: provide for waivers or refunds of the whole or any part of fees or charges.
3: If an exemption is provided under subsection (2)(c), the reasons for it must be set out in the explanatory note of the regulations.
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 95(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
96: Regulations imposing levies
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the payment of a levy.
2: The regulations may—
a: prescribe different levies for different classes of persons:
b: specify the amount of the levy:
c: provide for the method by which the levy will be calculated:
d: specify the criteria and other requirements by and against which the levy will be set or reset:
e: provide for the payment and collection of the levy:
f: exempt any person or classes of persons from paying the levy:
g: provide for waivers or refunds of the whole or any part of the levy:
h: provide for any other matters necessary or desirable to set, calculate, administer, collect, and enforce the levy.
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: 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 96(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
97: Failure to pay fee, charge, or levy
1: This section applies if a fee, charge, or levy imposed by regulations made under section 95 96
2: The Authority may recover the fee, charge, or levy from a person responsible for paying it as a debt due in a court of competent jurisdiction.
6: Other matters
Duty to notify adverse reactions
98: Duty of specified persons to notify Authority about adverse reactions
1: A person specified in subsection (2) must, as soon as is reasonably practicable, notify the Authority if the person becomes aware of any adverse reaction arising from the use of a psychoactive substance or an approved product by any individual (whether in New Zealand or overseas).
2: The persons are—
a: a person who holds a licence in respect of the psychoactive substance:
b: the person who applied for approval of the approved product under section 33
3: A notification under subsection (1) must include—
a: the name of the psychoactive substance or approved product as far as it is known to the person; and
b: the nature of the adverse reaction as far as it is known to the person; and
c: the circumstances in which the adverse reaction arose as far as they are known to the person.
4: A person who contravenes subsection (1) commits an offence and is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $500,000, or both. Regulations
99: Regulations relating to psychoactive substances
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations declaring, by name or description,—
a: a substance, mixture, preparation, article, device, or thing to be or not to be a psychoactive substance for the purposes of this Act:
b: any kinds or class of substances, mixtures, preparations, articles, devices, or things to be or not to be psychoactive substances for the purposes of this Act.
2: Before making a recommendation under subsection (1), the Minister must—
a: be satisfied that the proposed regulations are reasonably necessary for achieving the purpose of this Act; and
b: seek, and have regard to, the advice of the advisory committee in respect of the proposed regulations; and
c: consult any person or organisation that the Minister considers to be representative of the interests of persons likely to be substantially affected by the proposed regulations.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 99(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
100: Regulations relating to infringement offences
1: The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:
a: prescribing the infringement fees payable for infringement offences:
b: prescribing the form of infringement notices and reminder notices for infringement offences and any other particulars to be contained in an infringement notice and reminder notice.
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 100(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
101: Other regulations
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: Applications for licences and approvals
a: prescribing, in relation to an application for a licence or approval of a psychoactive product,—
i: any particulars, information, documents, samples, or other material that must accompany or be contained in the application:
ii: any matter that the Authority must take into account when deciding the application: Place-of-sale restrictions or prohibitions
b: prescribing restrictions or prohibitions, or both, on the places or premises from which approved products may be sold: Internet sales restrictions or requirements
c: prescribing restrictions and requirements relating to the location, manner, way, medium, or form in which approved products are offered by Internet sale, for example,—
i: restricting the offer of approved products on Internet sites that contain material that is designed in a manner or way, or using a medium or form, so as to particularly appeal, or to be likely to particularly appeal, to minors:
ii: requiring that certain information, such as the appropriate health warning relating to the product, be visible on the Internet site when people browse, enter, or otherwise access the site:
iii: requiring prescribed measures to be taken to ensure that minors cannot enter, browse, or otherwise access the Internet site: Advertising restrictions or requirements
d: prescribing restrictions or requirements relating to the manner, way, medium, or form in which approved products are advertised: Labelling restrictions or requirements
e: prescribing restrictions or requirements relating to the manner, way, medium, and form in which approved products are labelled, for example,—
i: restrictions relating to labelling designed to be particularly appealing to minors:
ii: requirements that labelling for an approved product comply with any prescribed requirements (such as requirements relating to plain packaging):
iii: requirements relating to the labelling of approved products that must appear on an approved product for the purposes of sale, for example, a requirement that the inner and outer packages for approved products both carry labels specifying certain prescribed information: Packaging restrictions or requirements
f: prescribing restrictions or requirements relating to the size and type of packaging for approved products for the purpose of sale, for example, that the packaging must be tamper-proof or child-proof:
g: prescribing restrictions or requirements relating to—
i: the type of material and the medium or form of the material that may be inserted in packages that contain approved products for the purpose of sale, for example, restrictions relating to the inclusion of written material of a certain kind (such as material that associates approved products with youth culture):
ii: the content of any material required to be inserted in packages that contain approved products for the purpose of sale, for example, a requirement that certain material be inserted in the package (such as information leaflets about contraindications for use of the approved product):
iii: the material and the medium or form of the material that is to be inserted in packages that contain approved products for the purpose of sale, for example, a requirement that material be presented in a certain way (such as a requirement for material to be printed in a certain size or manner): Health warnings
h: prescribing, for the purposes of section 60(2)
i: prescribing requirements relating to the manner, way, medium, or form in which health warnings must appear on the label for the product or must appear in an advertisement relating to the approved product: Signage requirements
j: prescribing requirements—
i: relating to signage that is to be displayed when approved products are sold:
ii: relating to the manner, way, medium, and form in which signage, if required, is to be displayed when approved products are sold, for example, a requirement that a person selling an approved product display a sign of a particular size stating that the approved product may not be sold to a person under the age of 18 years or stating a recommended maximum dosage: Quantity, dosage, and serving restrictions or requirements
k: prescribing restrictions or requirements relating to—
i: the quantity of approved products that may be sold together at any one time:
ii: the maximum dosage or serving of an approved product that may be sold at any one time: Restrictions or prohibitions on form of approved products
l: prescribing restrictions or prohibitions on the form that an approved product may take: Storage, display, and disposal restrictions or requirements
m: prescribing restrictions or requirements relating to—
i: the storage of psychoactive substances, for example, a restriction on the maximum amount of any psychoactive substance that may be stored in any premises at any one time or a requirement that the psychoactive substance must be stored at or below a certain temperature:
ii: the manner of disposal of psychoactive substances:
iii: the storage of approved products for the purposes of sale, for example, a restriction on the maximum amount of any approved product that may be stored in any premises at any one time or a requirement that sellers of an approved product must store it at or below a certain temperature:
iv: the display of approved products inside retail premises for the purposes of sale, for example, restrictions on approved products being displayed in any particular place or a requirement that approved products not be visible from the street: Prescribing telephone service
n: prescribing a telephone service for the purposes of section 58(2)(d) Confidential supporting information
o: prescribing the persons or organisations or class of persons or organisations to whom the Authority may disclose confidential supporting information under section 36(3) Procedure
p: prescribing the procedure of the advisory committee and the appeals committee: Record-keeping requirements
q: prescribing requirements for specified persons to keep records under this Act and the period of time for which those records must be retained: General
r: providing for any other matters contemplated by this Act, necessary for its administration or necessary for giving it full effect.
2: Before making a recommendation under subsection (1), the Minister must consult any person or organisation that the Minister considers to be representative of the interests of persons likely to be substantially affected by the proposed regulations.
3: Regulations made under this section may—
a: apply to psychoactive substances or approved products generally or to any particular psychoactive substance or approved product or any class or description of psychoactive substances or approved products specified or described in the regulations:
b: apply differently to different classes or descriptions of psychoactive substances or approved products or on any other differential basis.
4: Regulations under this section are secondary legislation ( see Part 3 2005 No 81 s 62 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 101(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Delegation of Authority's functions, duties, or powers
102: Delegation of Authority's functions, duties, or powers
1: The Authority may, as the Authority thinks fit, delegate to any person any of the Authority's functions, duties, or powers under this Act.
2: A delegation under subsection (1)—
a: may be made subject to any terms or conditions that the Authority thinks fit:
b: may be made generally or in any particular case:
c: does not prevent the Authority from exercising any power or performing any function or duty:
d: does not affect the responsibility of the Authority for the actions of any person acting under a delegation:
e: may be revoked at any time by notice to the delegate.
3: A person to whom any functions, duties, or powers are delegated under subsection (1)—
a: may, with the prior written consent of the Authority, delegate those functions, duties, or powers to any other person:
b: may, subject to any terms or conditions, carry out or exercise those functions, duties, or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
4: A person purporting to act under any delegation under subsection (1) is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation. Protection from civil and criminal liability
103: Immunities
1: This section applies to the following:
a: the Authority:
b: a member of the advisory committee:
c: a member of the appeals committee.
2: The person is protected from civil and criminal liability for any act that the person does or omits to do in the carrying out or intended carrying out of the person's functions or duties or the exercise or intended exercise of the person's powers under this Act and that is done—
a: in good faith; and
b: with reasonable cause. Relationship with other enactments
104: Relationship with Hazardous Substances and New Organisms Act 1996
1: This section applies to a psychoactive substance that is also a hazardous substance within the meaning of the Hazardous Substances and New Organisms Act 1996 HSNO Act
2: Nothing in this Act affects the application of the HSNO Act in relation to the psychoactive substance.
3: However, in the event of any inconsistency—
a: between the provisions of this Act and the provisions of the HSNO Act, the provisions of this Act prevail:
b: between the provisions of regulations made under this Act and the provisions of regulations made or EPA notices issued under the HSNO Act 1981 No 118 ss 5A 110 Section 104(3)(b) amended 1 December 2017 section 55 Hazardous Substances and New Organisms Amendment Act 2015
105: Application of
Customs and Excise Act 2018 The provisions of the Customs and Excise Act 2018 sections 388 389
a: holds a licence to import psychoactive substances; and
b: has notified the Authority of the importation in accordance with section 17(1) Section 105 heading amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 105 amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Review of Act
106: Ministry must review Act
1: The Ministry must, no later than 5 years after the commencement of this Act,—
a: conduct a review of the policy and operation of this Act; and
b: prepare for the Minister a report on the review.
2: As soon as practicable after receiving the report, the Minister must present a copy to the House of Representatives. Application, savings, and transitional provisions
107: Application, savings, and transitional provisions
The application, savings, and transitional provisions set out in Schedule 1 Amendments to Search and Surveillance Act 2012
108: Amendments to Search and Surveillance Act 2012
1: This section amends the Search and Surveillance Act 2012
2: In section 45(1)(b) Arms Act 1983 ; or
3: After section 45(1)(b)
c: against section 25, 26, or 70
4: In section 45(2)(b) Arms Act 1983 ; or
5: After section 45(2)(b)
c: against section 25, 26, or 70 2013-07-18 Search and Surveillance Act 2012 Amendments to Children, Young Persons, and Their Families Act 1989
109: Amendments to Children, Young Persons, and Their Families Act 1989
1: This section amends the Children, Young Persons, and Their Families Act 1989
2: After section 272(3)(b)
ba: an infringement offence against the Psychoactive Substances Act 2013; or
3: In section 272(5) subsection (3)(c), where a young person is charged with subsection (3)(ba) or (c), where a young person is charged with an infringement offence referred to in subsection (3)(ba) or 2013-07-18 Children, Young Persons, and Their Families Act 1989 Consequential amendments and revocation
110: Consequential amendments and revocation
1: Amend the enactments specified in Parts 1 2
2: The regulations specified in Part 3 2013-07-18 Corrections Act 2004 Misuse of Drugs Act 1975 Misuse of Drugs Amendment Act 2005 Ombudsmen Act 1975 Search and Surveillance Act 2012 Summary Proceedings Act 1957 Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001 Misuse of Drugs (Restricted Substances) Regulations 2008 |
DLM4542300 | 2013 | Social Security (Benefit Categories and Work Focus) Amendment Act 2013 | 1: Title
This Act is the Social Security (Benefit Categories and Work Focus) Amendment Act 2013.
2: Commencement
1: The following come into force on 15 July 2013:
a: Part 1 sections 27 30 41 53 54 58
i: the transfer to an emergency benefit of certain people 65 years old or older; and
ii: the use of the disability allowance to fund specified expenses; and
iii: preferred suppliers of goods or services for beneficiaries or others):
b: Part 2
c: Schedules 1 to 7
2: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
3: Principal Act
This Act amends the Social Security Act 1964 principal Act 2013-04-17 Social Security Act 1964 See commencement clause 2013-07-15 Social Security Act 1964 See commencement clause 2(1)(a), (b), and (c)
1: Substantive amendments
Overview
4: Overview of Part
1: This Part Part 2
2: The substantive amendments in this Part
a: introducing new benefit categories (sole parent support, supported living payment, and jobseeker support); and
b: providing for new obligations (obligations to work with contracted service providers, social obligations of certain beneficiaries with dependent children, and, for work-tested beneficiaries, new work test obligations that are drug test obligations); and
c: providing for, or adjusting provisions on, other matters (including the effect on a benefit of a warrant to arrest a beneficiary, when beneficiaries can be paid a benefit while overseas, backdating benefits, benefit end dates, and expiry and re-grant of specified benefits); and
d: making clearer the principal Act's structure ( see section 62 Part 1 section 53A Social obligations of certain beneficiaries with dependent children
5: Section 1A amended (Purpose)
Replace section 1A(d)
d: to impose, on the following specified people or young persons, the following specified requirements or obligations:
i: on people seeking or receiving financial support under this Act, administrative and, where appropriate, work-related requirements; and
ii: on young persons who are seeking or receiving financial support under this Act, educational, budget management, and (where appropriate) parenting requirements; and
iii: on people receiving certain financial support under this Act, social obligations relating to the education and primary health care of their dependent children. Pre-benefit activities, work-test couple rate, and ordinarily resident in New Zealand
6: Section 3 amended (Interpretation)
1: In section 3(1) main benefit under this Act
a: sole parent support; or
b: a supported living payment on the ground of sickness, injury, disability, or total blindness, under section 40B
c: a supported living payment on the ground of caring for a patient requiring care, under section 40D
d: jobseeker support; or
e: an emergency benefit; or
f: a youth payment; or
g: a young parent payment .
2: In section 3(1) married rate
3: In section 3(1), definition of ordinarily resident ordinarily resident in New Zealand
4: In section 3(1) work-test married rate married couple Status of examples
7: New section 3B inserted (Status of examples)
After section 3 section 3C section 139
3B: Status of examples
1: An example used in an enactment in or made under 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. Ministerial directions
8: Section 5 amended (Chief executive to comply with directions)
1: After section 5(2)
3: A direction given under this section for the purposes of all or any of sections 60RAB(1)(b), 125AA(5), and 132AD(4)(c)
a: is a regulation for the purposes of the Regulations (Disallowance) Act 1989; but
b: is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.
2: Subsection (3) Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989
3: Replace section 5(3) 15 July 2013 subsection (1)
3: A direction given under this section for the purposes of all or any of sections 60RAB(1)(b), 125AA(5), and 132AD(4)(c)
a: is not a legislative instrument for the purposes of the Legislation Act 2012; but
b: is a disallowable instrument for the purposes of the Legislation Act 2012, and must be presented to the House of Representatives in accordance with section 41 of that Act. 2013-07-15 Social Security Act 1964 OIC SR 2013/242 2013-08-05 Social Security Act 1964 See section 8(2) & (3). The Acts and Regulations Publication Act 1989 (PCO No 8951, comment at top of 8951 to update this amends-note date if changed by OIC) and the Regulations (Disallowance) Act 1989 (PCO No 8952, comment at top of 8952 to update this amends-note date if changed by OIC) are to be repealed on the earlier of 1 July 2014 or a date appointed by the Governor-General by Order in Council by the Legislation Act 2012 (PCO No14100) section 77(2) New Note by Doreen 1/8/13: I changed the amends note to 5 August 2013 to reflect OIC. Please refer to 8(2). Ordinarily resident in New Zealand
9: Section 11D amended (Application process for benefits)
In section 11D(9) resident ordinarily Pre-benefit activities
10: New sections 11E to 11H inserted
After section 11D
11E: Pre-benefit activities: requirements
1: This section applies to a person if the person is—
a: a person who contacts the department on or after 15 July 2013 requesting financial assistance under this Act, if the chief executive considers that the appropriate financial assistance would be a benefit that is—
i: jobseeker support; or
ii: sole parent support; or
iii: an emergency benefit; or
b: the spouse or partner (if, and only if, he or she is a spouse or partner who is not receiving or applying for a main benefit under this Act (as defined in section 3(1)), New Zealand superannuation, or a veteran's pension, in his or her own right) of a person who contacts the department on or after 15 July 2013 requesting financial assistance under this Act, if the chief executive considers that the appropriate financial assistance would be a benefit that is—
i: jobseeker support; or
ii: a supported living payment on the ground of sickness, injury, disability, or total blindness; or
iii: an emergency benefit.
2: The chief executive may (for the purpose stated in section 1A(a)(ii)) require a person to whom this section applies (unless the chief executive has determined that the person has not the capacity to seek, undertake, and be available for part-time work) to do any or all of the following:
a: undertake 1 or more stated pre-benefit activities:
b: at any time before the benefit to which subsection (1)(a) or (b)
c: at any time before the benefit to which subsection (1)(a) or (b) paragraph (b)
3: Pre-benefit activity sections 11F to 11H
a: attending and participating in an employment related seminar provided by the department or by any other person approved by the chief executive for the purpose:
b: attending and participating in employment related training approved by the chief executive for the purpose:
c: attending and participating in any interview with an officer of the department:
d: completing any self-assessment or planning required by the chief executive:
e: any other activity stated in regulations under section 132J.
4: Suitable employment subsection (2)
a: in relation to a person who has a dependent child aged under 14 years, and to whom this section applies by virtue of subsection (1)(a)(ii) or (b)
b: in relation to a person for whom the chief executive considers that the appropriate financial assistance under this Act would be jobseeker support on the ground of sickness, injury, or disability, means employment that would be suitable employment within the meaning of section 3(1) if he or she were a part-time work-tested beneficiary:
c: in relation to any other person, means employment that would be suitable employment within the meaning of section 3(1) if he or she were a work-tested beneficiary.
5: A requirement under subsection (2) subsection (2)(a) subsection (7)
6: A pre-benefit activity stated under subsection (2)(a)
7: The chief executive may revoke a requirement that the person undertake a pre-benefit activity under subsection (2)(a)
11F: Pre-benefit activities: department must explain requirements
The chief executive must take reasonable and appropriate steps to make every person on whom any requirements are placed under section 11E(2)
a: the person's obligations in relation to the requirements; and
b: the consequences of failure to comply with the requirements; and
c: when a requirement is to be, or has been, revoked, and when the revocation takes, or took, effect.
11G: Pre-benefit activities: consequences of non-compliance by applicant
1: In this section,— applicant section 11E(1)(a) specified benefit section 11E(1)(a)
2: The chief executive is not required to investigate under section 12 a claim for the specified benefit made by the applicant unless satisfied that the applicant has undertaken any required pre-benefit activities.
3: Subsection (2)
4: If the applicant fails to undertake any required pre-benefit activities within 20 working days after the date of first contact, any application for the specified benefit the applicant has made lapses.
5: Subsection (4)
6: This subsection applies to an applicant if the chief executive considers that the applicant has, without a good and sufficient reason, failed to comply with a requirement under section 11E(2)(b) or (c)
7: If subsection (6)
a: refuse to grant the applicant the specified benefit; or
b: terminate any grant of the specified benefit already made to the applicant.
11H: Pre-benefit activities: consequences of non-compliance by applicant's spouse or partner
1: In this section,— applicant section 11E(1)(b) applicant's spouse or partner section 11E(1)(b) specified benefit section 11E(1)(b)
2: This subsection applies to an applicant's spouse or partner if the chief executive considers that the applicant's spouse or partner—
a: has failed to undertake a required pre-benefit activity within 20 working days after the date of the applicant's first contact; or
b: has failed without a good and sufficient reason to comply with a requirement under section 11E(2)(b) or (c)
3: If subsection (2)
a: the specified benefit—half of the rate of that benefit payable to a beneficiary who is married or in a civil union or in a de facto relationship whose spouse or partner is not granted a benefit in his or her own right:
b: the accommodation supplement, temporary additional support, or both (if any), to which the applicant and the applicant's spouse or partner would apart from this subsection be entitled—half of the otherwise applicable rate or rates.
4: Subsection (3) Rights of appeal: work test obligations: drug testing obligations
11: Section 12J amended (Rights of appeal)
Before section 12J(1A)
1AB: No appeal lies under subsection (1)(a) against a decision under section 116C(2)(a) section 10B(1)(g) Sole parent support
12: New Part 1B inserted
Replace sections 21 21A section 35 section 21
1B: Sole parent support
20A: Sole parent support: meaning of applicant
Applicant sections 20B to 20H Schedule 3A
a: a person who is the mother or father of 1 or more dependent children and who is living apart from, and has lost the support of or is being inadequately maintained by, the person's spouse or partner:
b: a single person who is the mother or father of 1 or more dependent children:
c: a person whose marriage or civil union has been dissolved, and who is the mother or father of 1 or more dependent children:
d: a person who is the mother or father of 1 or more dependent children and who has lost the regular support of the person's spouse or partner because that spouse or partner is subject to a sentence of imprisonment and is—
i: serving the sentence in a prison (as defined in section 3(1) of the Corrections Act 2004); or
ii: subject to release conditions (as defined in section 4(1) of the Parole Act 2002) that prevent him or her undertaking employment:
e: a person who is the mother or father of 1 or more dependent children and who has lost the regular support of the person's spouse or partner because that spouse or partner is subject to a sentence of supervision, intensive supervision, or home detention and is subject to conditions (including post-detention conditions of a sentence of home detention) that prevent that spouse or partner from undertaking employment:
f: a person who is the mother or father of 1 or more dependent children and whose spouse or partner has died.
20B: Sole parent support: when dependent child may be regarded as applicant's child
The chief executive may, in his or her discretion, regard a dependent child as being a child of an applicant, and the applicant as being the mother or father of the child, for the purposes of sections 20A and 20C to 20H Schedule 3A
a: the child—
i: is being maintained by the applicant; and
ii: was at any time maintained by the applicant's spouse or partner; or
b: neither an orphan's benefit nor an unsupported child's benefit is payable in respect of the child, but—
i: section 28(a) is complied with for each of the child's natural or adoptive parents; or
ii: section 29(b) is complied with for care for the child and full provision for the child's support; or
c: the child's parents are unwilling to support the child because of circumstances the chief executive considers exceptional.
20C: Sole parent support: split custody
1: This section applies to the parents of 2 or more dependent children if—
a: the parents are living apart; and
b: each parent is the principal caregiver of 1 or more of the children; and
c: but for this section, both parents would be entitled to sole parent support.
2: Only 1 of the 2 parents is entitled to sole parent support, and the parent who is entitled to sole parent support must be—
a: the parent already receiving sole parent support in respect of any of the children; or
b: the parent who the chief executive considers was the principal caregiver in respect of the children immediately before the parents began living apart, if no parent is already receiving sole parent support in respect of any of the children; or
c: the parent who is the principal caregiver in respect of the youngest child, if neither parent was the principal caregiver in respect of the children before they began living apart, or the chief executive is unable to ascertain which parent was the principal caregiver in respect of the children immediately before they began living apart.
3: This section does not apply if each parent has become the principal caregiver in respect of at least 1 child under 1 or more orders—
a: made by a court of competent jurisdiction; and
b: about the role of providing day-to-day care for children.
4: Child
a: born of their relationship; or
b: adopted by the parents or by one of the parents during their marriage or civil union or de facto relationship.
20D: Sole parent support: standard eligibility requirements
1: An applicant is entitled to sole parent support if the chief executive is satisfied that the applicant—
a: meets the residential requirements in section 74AA; and
b: is aged 19 years or over; and
c: is caring for a dependent child who is, or dependent children 1 or more of whom is or are, aged under 14 years; and
d: is either—
i: a person in section 20A(a), (b), (c), or (f)
ii: a person in section 20A(d) or (e)
2: Subsection (1)
20E: Sole parent support: obligations on beneficiaries
A person who has been granted and receives sole parent support under section 20D
a: comply with any obligation arising under section 60Q; and
b: if he or she is a person to whom section 60RA section 60RA(3)
c: if he or she is a work-tested sole parent support beneficiary, comply with the work test.
20F: Sole parent support: payment
1: Sole parent support commences in accordance with section 80.
2: Sole parent support must be paid in weekly instalments, in accordance with section 82.
3: Payment of sole parent support may be suspended or cancelled in accordance with sections 80 to 82.
4: Subsection (3)
20G: Sole parent support: rate
1: Sole parent support must be paid to a person granted that benefit at the rate in Schedule 3A
2: Subsection (1)
20H: Sole parent support: expiry, and replacement with jobseeker support, when youngest dependent child 14
1: An applicant's sole parent support under section 20D
2: But the applicant's sole parent support is replaced with jobseeker support under section 88B
a: commences on that date; and
b: is deemed to be granted to him or her under section 88B
3: However, if the chief executive believes on reasonable grounds that the applicant would not be eligible for jobseeker support on the date that the applicant’s youngest dependent child turns 14 years old,—
a: the applicant is not transferred by subsection (2)
b: the chief executive must instead invite the applicant to apply for jobseeker support in accordance with section 11D.
4: Obligations or exemptions that immediately before the expiry under this section of the applicant's sole parent support under section 20D subsection (2)
a: obligations under sections 60GAG 60RA 100B
b: exemptions under section 105 (other than any exemption that, under regulations made under section 123D(a), is not available to a person receiving jobseeker support).
5: This section does not preclude a review under section 81 of whether the applicant satisfies the conditions of entitlement for jobseeker support under section 88B
13: Sections 27A to 27D and 27H(1) and (2) and cross-heading above section 27A repealed
Repeal sections 27A to 27D 27H(1) and (2) section 27A Supported living payment
14: Sections 27G and 27H repealed
Repeal sections 27G 27H
15: Section 39F renumbered and amended (Purpose of invalid's benefit)
1: Section 39F section 40A
2: Replace the heading to section 39F Supported living payment: purpose
3: In section 39F(1)
a: replace invalid's benefit supported living payment
b: replace people who— people because they are people who fall within any 1 of the following 3 categories:
4: In section 39F(1)(a) have, people who ; or :
5: In section 39F(1)(b) are people who . :
6: After section 39F(1)(b)
c: people who are required to give full-time care and attention at home to some other person (other than their spouse or partner) who is a patient requiring care.
7: Replace section 39F(2)
2: The purpose in subsection (1) is to be considered in the context of—
a: the expectation that people of working age support themselves directly or indirectly through employment; and
b: the fact that other measures are available for people who are temporarily unable to support themselves.
16: Section 40 renumbered and amended (Invalid's benefit)
1: Section 40 section 40B
2: Replace the heading to section 40 Supported living payment: on ground of sickness, injury, disability, or total blindness: eligibility and ineligibility
3: In section 40(1) who is aged 16 years or more is eligible for an invalid's benefit if the chief executive is satisfied that— is entitled to the supported living payment under this section if he or she satisfies the criteria in subsections (1A) and (1B)
4: Repeal section 40(1)(aa)
5: In section 40(1)(b) disability arising (in either case)
6: In section 40(1)(b) congenital defect existing from birth
7: After section 40(1)
1A: An applicant for the supported living payment under this section must be aged at least 16 years.
1B: An applicant for the supported living payment under this section must meet the residential requirements in section 74AA.
8: In section 40(3A) section 44A section 40K
9: In section 40(4) and (5) an invalid's benefit a supported living payment under this section
10: Repeal section 40(6)
17: New sections 40C to 40HA inserted
After section 40 section 16(1)
40C: Supported living payment: on ground of sickness, injury, disability, or total blindness: medical examination
1: This section applies to a person who is an applicant for, or a person in receipt of, a supported living payment on the ground of sickness, injury, disability, or total blindness.
2: The chief executive may require the applicant or beneficiary to submit himself or herself for examination by a medical practitioner or a psychologist. The medical practitioner or psychologist must be agreed for the purpose between the applicant or beneficiary and the chief executive, or, failing agreement, must be nominated by the chief executive.
3: The medical practitioner or psychologist must certify whether, in the medical practitioner's or psychologist's opinion, the applicant or beneficiary is, or is not, or whether there is doubt about whether the applicant or beneficiary is or is not,—
a: permanently and severely restricted in his or her capacity for work; or (as the case may be)
b: totally blind.
4: A certificate given under this section must state the grounds upon which the opinion is founded.
5: A certificate given under this section must, in the case of doubt referred to in subsection (3)
40D: Supported living payment: on ground of caring for patient requiring care: eligibility
1: A person is entitled to a supported living payment under this section if he or she satisfies the criteria in subsections (2) and (3) sections 40E, 40H, and 40HA patient
a: hospital care, rest home care, or residential disability care, within the meaning of the Health and Disability Services (Safety) Act 2001; or
b: care of the kind referred to in section 141 of the Children, Young Persons, and Their Families Act 1989 (which is a section relating to care of severely disabled children and young persons).
2: An applicant must not be granted a supported living payment under this section unless,—
a: in the case of an applicant without a dependent child, he or she is aged at least 18 years:
b: in any other case, he or she is aged at least 19 years.
3: An applicant for a supported living payment under this section must meet the residential requirements in section 74AA.
4: A benefit granted under this section may, in the chief executive's discretion, be continued for a period not exceeding 28 days even though the patient was not during that period in the full-time care of the beneficiary.
40E: Supported living payment: on ground of caring for patient requiring care: medical examination
1: Every application for a supported living payment on the ground of care at home for a patient requiring care must be supported by the certificate of a medical practitioner certifying—
a: that the patient requires the applicant's full-time care and attention; and
b: that, but for that care and attention, the patient would have to receive care that is, or that is equivalent to, care of a kind specified in section 40D(1)(a) or (b)
2: The chief executive may, in the chief executive's discretion, require that the patient be examined by a medical practitioner to be nominated for the purpose by the chief executive.
3: A medical practitioner nominated under subsection (2) section 40D(1)(a) or (b)
40F: Supported living payment: on ground of sickness, injury, disability, or total blindness: beneficiary's obligations
A person who is granted a supported living payment on the ground of sickness, injury, disability, or total blindness, must,—
a: if section 60Q(1)(bb)
b: if he or she is a person to whom section 60RA section 60RA(3)
40G: Supported living payment: on ground of sickness, injury, disability, or total blindness: spouse's or partner's obligations
1: This section applies to the spouse or partner of a person granted a supported living payment on the ground of sickness, injury, disability, or total blindness.
2: A person to whom this section applies—
a: must comply with all obligations arising under section 60Q; and
b: if he or she is a person to whom section 60RA section 60RA(3)
c: if he or she is a work-tested spouse or partner, must comply with the work test.
40H: Supported living payment: on ground of caring for patient requiring care: beneficiary's obligations
A person who is granted a supported living payment on the ground of care at home for a patient requiring care, must,—
a: if section 60Q(1)(bc)
b: if he or she is a person to whom section 60RA section 60RA(3)
40HA: Supported living payment: on ground of caring for patient requiring care: spouse's or partner's obligations
A person must comply with the person's social obligations under section 60RA(3)
a: is a person with 1 or more dependent children; and
b: is the spouse or partner of (whether or not receiving all or any of the benefit instead of, or as well as) the person who is granted a benefit that is a supported living payment on the ground of care at home for a patient requiring care; and
c: is not a young person on whom obligations are placed under section 171(1) or (2).
18: Sections 42 and 42A replaced
Replace sections 42 42A
40I: Supported living payment: rates
1: A supported living payment must be paid to a person granted that benefit at the appropriate rate in Schedule 6.
2: Subsection (1)
3: This subsection applies to a person who is married or in a civil union or in a de facto relationship and—
a: has a psychiatric, intellectual, physical, or sensory disability; and
b: is receiving long-term residential care in a hospital or rest home because he or she has that disability; but
c: has not been means assessed under Part 4.
4: A supported living payment payable to a person to whom subsection (3) subsection (1)
5: A supported living payment payable to the spouse or partner of a person to whom subsection (3) subsection (1)
19: Section 43 renumbered and amended (Subsidy on earnings of blind beneficiaries)
1: Section 43 section 40J
2: Replace the heading to section 43 Supported living payment: subsidy on totally blind beneficiaries' earnings
20: Sections 44 and 44A replaced
Replace sections 44 44A
40K: Supported living payment: on ground of sickness, injury, or disability: encouraging open employment
1: The purpose of this section is to encourage specified recipients of a supported living payment to undertake open employment in order to establish whether they can sustain that employment and cease receiving that benefit.
2: This section applies to a person who—
a: is receiving a supported living payment granted on the ground of permanent and severe restriction of capacity for work; but
b: is with the chief executive's agreement undertaking open employment for a period agreed with the chief executive in order to establish whether the person can sustain open employment.
3: The period of open employment agreed with the chief executive under subsection (2)(b)
4: A person to whom subsection (2) Sickness benefit abolished
21: Sections 54, 54A, 54B, 54D, 54DA, 54E, and 54F and cross-heading above section 54 repealed
Repeal sections 54 54A 54B 54D 54DA 54E 54F section 54 Beneficiaries having additional dependent child: exempting people resident in certain overseas countries, and eligibility for sole parent support
22: Section 60GAE amended (Beneficiaries having additional dependent child: general)
1: After section 60GAE(1) section 39
1A: Subsection (1) does not apply to a person at a time when—
a: there is in force under section 19(1) of the Social Welfare (Transitional Provisions) Act 1990 an order declaring that the provisions contained in an agreement or convention with the government of another country set out in a schedule to the order have force and effect so far as they relate to New Zealand; and
b: he or she is ordinarily resident in that country.
2: In section 60GAE(2) section 60Q(1) or for the purposes of section 20D(1)(c)
3: After section 60GAE(3)
3A: In applying subsection (2) to a beneficiary of a kind specified in 1 of the following paragraphs for the purposes only of section 20D(1)(c) An additional dependent child aged 1 or over An additional dependent child at all times after that child is born
a: a beneficiary transferred to jobseeker support by clause 2(11) Schedule 32
b: a beneficiary whose sole parent support under section 20D section 20H Obligations to work with contracted service providers
23: New section 60GAG inserted (Obligations to work with contracted service providers)
After section 60GAF section 39
60GAG: Obligations to work with contracted service providers
1: A person who is receiving in his or her own right, or as the spouse or partner of the person granted the benefit concerned, an emergency benefit, sole parent support, supported living payment, or jobseeker support, is subject to the following obligations:
a: when required by the chief executive, to attend and participate in any interview with a contracted service provider specified by the chief executive:
b: when required by the chief executive, to attend and participate in any assessment of the person undertaken on behalf of the chief executive by a contracted service provider specified by the chief executive:
c: when required by the chief executive, to co-operate with a contracted service provider specified by the chief executive in facilitating the provision of the services that the provider has been contracted to provide in relation to the person’s obligations under all or any of the following:
i: section 60Q (work preparation obligations):
ii: section 60RA(3)
iii: conditions (subject to which an emergency benefit is granted or continued) that the chief executive thinks fit to impose, or determines, under section 61(1) or (3):
iv: section 102A (work test obligations):
d: when required by the chief executive, to report to a contracted service provider specified by the chief executive on the person's compliance with the person's obligations under this Act as often as, and in the manner that, the provider reasonably requires.
2: The chief executive must take reasonable and appropriate steps to make every person on whom obligations are imposed under subsection (1)
a: those obligations; and
b: the consequences of failure to comply with those obligations.
3: A person who fails without a good and sufficient reason to comply with an obligation imposed on the person under subsection (1) Work preparation exercise
24: Section 60HA repealed (Work preparation exercise)
Repeal section 60HA Certain obligations may be placed on beneficiaries and their spouses and partners
25: Section 60Q amended (Certain obligations may be placed on beneficiaries and their spouses and partners)
1: Before section 60Q(1)(c) section 40
ba: is a sole parent with a dependent child under the age of 1 year, and is a recipient of a benefit under section 88B section 20D
bb: is the recipient of a benefit under section 40B
bc: is the recipient of a benefit under section 40D .
2: After section 60Q(1)
1A: This section also applies (despite subsection (1)) to a person who—
a: is a work-tested beneficiary (other than one to whom subsection (1)(ba)
b: has been granted under section 88I
1B: The chief executive may require a recipient of a benefit under section 40B or 40D subsection (1)(bb) or (bc)
3: In section 60Q(2) A person to whom this section applies (other than a person to whom subsection (1)(bb) or (bc)
4: In section 60Q(3) a person to whom this section applies (including, without limitation, a person to whom subsection (1)(bb) or (bc)
5: After section 60Q(3)(a)
aa: to attend and participate in an interview (other than one for the purpose specified in subsection (1B)
ab: to report to the department or to any other person acting on behalf of the chief executive on the person's compliance with the person's obligations under this section as often as, and in the manner that, the chief executive reasonably requires: . Social obligations of certain beneficiaries with dependent children
26: New sections 60RA to 60RC inserted
After section 60R section 40
60RA: Social obligations of certain beneficiaries with dependent children
1: This section applies to a person if the person—
a: is a person with 1 or more dependent children; and
b: is the person granted a benefit that is jobseeker support, sole parent support, a supported living payment, or an emergency benefit, or is the spouse or partner of (whether or not receiving all or any of the benefit instead of, or as well as) that person; and
c: is not a young person on whom obligations are placed under section 171(1) or (2).
2: A dependent child (as defined in section 3(1)) of a person granted a benefit described in subsection (1)(b) section 60RC
3: A person to whom this section applies has the following social obligations:
a: to take all reasonable steps to ensure that every dependent child aged 3 years or more but less than 5 years and who is not enrolled at and regularly attending a registered school (as defined in section 2(1) of the Education Act 1989) is—
i: enrolled in a recognised early childhood education programme (as defined in section 60RAB(1)
ii: attending that programme to the minimum extent prescribed, or otherwise in the manner prescribed, for the purposes of this subparagraph by regulations made under section 132; and
b: to take all reasonable steps to ensure that every dependent child aged 5 years or more but less than 6 years, and who is not a dependent child in respect of whom the person would qualify for an exemption from some or all of the person's work test obligations on the active teaching out of school grounds in section 60RAB(2)
i: enrolled in a recognised early childhood education programme (as defined in section 60RAB(1)
ii: enrolled at a registered school (as defined in section 2(1) of the Education Act 1989) and regularly attending that registered school; and
c: to take all reasonable steps to ensure that every dependent child aged 6 years or more but less than 16 years is (except insofar as the child is excepted or exempted from the requirements of sections 20 and 25 of the Education Act 1989)—
i: enrolled at a registered school (as defined in section 2(1) of that Act); and
ii: regularly attending that registered school; and
d: to take all reasonable steps to ensure that every dependent child is enrolled with a primary health care provider (for example, a primary health organisation, or a medical practitioner whose scope of practice is or includes general practice); and
e: to take all reasonable steps to ensure that every dependent child under the age of 5 years is up to date with core checks (as defined in section 60RAB(4)
i: the programme that immediately before 15 July 2013 was known as Well Child; or
ii: any similar programme established in its place; and
f: when required by the chief executive, to attend and participate in any interview with an officer of the department or other person on behalf of the chief executive; and
g: when required by the chief executive, to report to the department or to any other person acting on behalf of the chief executive on the person's compliance with the person's social obligations as often as, and in the manner that, the chief executive reasonably requires.
60RAB: Social obligations: definitions, work test obligations exemption grounds, and regulations
1: Recognised early childhood education programme section 60RA
a: an approved early childhood education programme (as defined for the purposes of section 60RA(3)
b: an early childhood education programme approved by the chief executive having regard to all relevant approval criteria (if any) prescribed for the purposes of this paragraph in any general or special directions given to the chief executive in writing by the Minister under section 5; or
c: a programme of early childhood education provided by a school that is currently designated under section 152(1) of the Education Act 1989 as a correspondence school.
2: The active teaching out of school grounds mentioned in section 60RA(3)(b) section 60RA
a: regulation 6(2)(c) of the Social Security (Exemptions under Section 105) Regulations 1998; or
b: an enactment that, with or without modification, replaces, or that corresponds to, that enactment.
3: Regulations made under section 132 that prescribe, for the purposes of section 60RA(3)(a)(ii) and (b)(i)
a: prescribe, for all or any recognised early childhood programmes, target numbers of hours of attendance:
b: prescribe different minimum numbers of hours of attendance for all or any different recognised early childhood programmes.
4: Core check section 60RA(3)(e)
a: of the child's health and well-being; and
b: done under, and identified in contract or funding arrangements as an essential part of, the programme; and
c: funded, directly or indirectly, through Vote Health.
60RB: Social obligations: department must explain requirements
The chief executive must take reasonable and appropriate steps to make every beneficiary who has social obligations under section 60RA(3)
a: the beneficiary's social obligations under section 60RA(3)
b: the consequences of failure to comply with them.
60RC: Social obligations: sanctions for failures to comply
1: A beneficiary who fails without good and sufficient reason to comply with a social obligation is, except as provided in subsections (2) and (3)
2: A beneficiary's failure to comply with the social obligation in section 60RA(3)(c)
a: section 24(1) of the Education Act 1989 (failure to enrol); or (as the case requires)
b: section 29(1) of the Education Act 1989 (irregular attendance).
3: Before giving the beneficiary a notice under section 113, and imposing a sanction under section 117, for a beneficiary's failure to comply with a social obligation under section 60RA(3)
4: This subsection applies to a beneficiary on whom sanctions in section 117 have been imposed in respect of a failure by the beneficiary without good and sufficient reason to comply with a social obligation.
5: The chief executive may give a beneficiary to whom subsection (4)
6: A beneficiary to whom a notice under subsection (5) Transfer to emergency benefit of certain people 65 years old or older
27: Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
1: After section 61(1A)
1B: This subsection applies to a person if, after the commencement of this subsection and before 15 July 2013, the person is aged 65 years old or older and is receiving a benefit under this Act that is not—
a: a domestic purposes benefit for care of the sick or infirm; or
b: an emergency benefit; or
c: an invalid’s benefit; or
d: temporary additional support.
1C: The chief executive may cancel the benefit being received by a person to whom subsection (1B)
1D: In exercising the power given by subsection (1C)
a: exercise discretion; or
b: determine whether the person would meet the requirements in subsection (1) for an emergency benefit.
2: Section 61(1B) to (1D) subsection (1) 2013-07-15 Social Security Act 1964 See commencement clause 2(1)(a) Social obligations of certain beneficiaries with dependent children
28: New section 61AA inserted (Social obligations of person granted emergency benefit)
After section 61
61AA: Social obligations of person granted emergency benefit
A person must comply with the person's social obligations under section 60RA(3)
a: is a person with 1 or more dependent children; and
b: is a person granted a benefit that is an emergency benefit; and
c: is not a young person on whom obligations are placed under section 171(1) or (2).
29: Section 61A amended (Obligations of spouse or partner of person granted emergency benefit)
1: In section 61A(1A)(a) aged 6 aged 5
2: After section 61A(2)
3: A person must comply with the person's social obligations under section 60RA(3)
a: is a person with 1 or more dependent children; and
b: is the spouse or partner of (whether or not receiving all or any of the benefit instead of, or as well as) a person granted a benefit that is an emergency benefit; and
c: is not a young person on whom obligations are placed under section 171(1) or (2). Disability allowance: preferred supplier and funding of specified expenses
30: Section 69C amended (Disability allowance)
1: In section 69C(1) Subject to subsections (2) to (4), the The
2: After section 69C(1)
1A: Subsection (1) is subject to subsections (2) to (4) and (7A) to (7E) section 132AD
3: After section 69C(7)
7A: This subsection applies to a person if—
a: any additional expenses arising from a disability relate to the supply of any goods or services to the person or a member of the person's family; and
b: all or a specified part of a disability allowance is granted in respect of the supply of the goods or services; and
c: those goods or services are of a class, description, or kind supplied by a preferred supplier (being a preferred supplier to, or in respect of, the area in which the person resides) under a contract entered into with the chief executive under section 125AA
7B: If subsection (7A)
a: the person must, for every supply of the goods or services after a nomination given to the person by the chief executive has come into force and while it remains in force, purchase the goods or services from a preferred supplier specified in that nomination and at the price determined by the contract under section 125AA
b: the chief executive must, despite subsections (1) to (7), pay all, or the specified part, of the disability allowance that is granted in respect of the supply of the goods or services to that supplier in consideration of the supply of the goods or services to the person or the person's family member.
7BA: A nomination under subsection (7B)(a)
a: may be given orally or in writing (but, if given orally, must as soon as practicable be confirmed in writing); and
b: may from time to time be amended, revoked, or revoked and replaced by the chief executive, to recognise changes in preferred suppliers or preferred supply contracts ending without also being replaced.
7BB: However, if the person’s net total benefit payments due to be paid on a pay day (after deducting any redirection under section 82(3) or reduction or deduction required to be made from the person’s benefit payments for another purpose (for example, under an attachment order or a deduction notice)) are less than the amount required to pay the preferred supplier on that pay day, the chief executive—
a: is not required by subsection (7B)(b)
b: may pay the amount due to the preferred supplier on 1 or more later pay days from amounts of disability allowance or other benefit payments due to the person on those 1 or more later pay days.
7BC: Non-payment, or deferred payment, under subsection (7BB)
7C: However, if the disability allowance granted to the person to whom subsection (7A) subsection (7B)
a: all, or the specified part, of the disability allowance that is granted in respect of the supply of the goods or services must be paid to the person for use only to purchase any 1 or more of the goods or services that the person chooses and that are goods or services in respect of the supply of which the disability allowance is granted; and
b: if the goods or services that the person chooses and purchases under paragraph (a) section 125AA
7D: No appeal under this Act lies against any chief executive's decision under subsections (7B) to (7C)
7E: Subsections (7A) to (7D) section 125AA(5) Residential requirements for certain benefits: people ordinarily resident overseas
31: Section 74AA amended (Residential requirements for certain benefits)
1: Replace section 74AA(1)(c)
c: except in the case of a person who is recognised as a refugee or a protected person in New Zealand under the Immigration Act 2009, has resided continuously in New Zealand for a period of at least 2 years at any one time,—
i: if subsection (1A) applies to the person,—
A: before he or she applies for the benefit; or
B: before a decision on his or her claim for the benefit is made under section 12; and
ii: in any other case, after the day on which paragraph (a) first applied to him or her.
2: In section 74AA(1A) Subsection (1) does Subsection (1)(a) and (b) do Effect on benefit of warrant to arrest beneficiary
32: New section 75B inserted (Effect on benefit of warrant to arrest beneficiary)
After section 75A
75B: Effect on benefit of warrant to arrest beneficiary
1: This section applies to a beneficiary who is not an excluded beneficiary (as defined in subsection (2)
a: criminal proceedings have been commenced against the beneficiary in a New Zealand court for an offence (other than an offence of a class, description, or kind excluded from the operation of this paragraph by regulations made under section 132L
b: a New Zealand court has (or 1 or more of the court's Judges or Registrars has or have) in, or in connection with, those criminal proceedings, issued a warrant for the beneficiary's arrest; and
c: at least 28 days have elapsed since the date on which the warrant was issued.
2: Excluded beneficiary subsection (1)
a: for the purposes of subsections (3) to (6)
i: a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989); or
ii: a beneficiary who is not receiving a main benefit under this Act, New Zealand superannuation, or a veteran’s pension; or
iii: a beneficiary (for example, one who is receiving a main benefit under this Act, New Zealand superannuation, or a veteran’s pension, but) who falls within a class, description, or kind of beneficiary excluded from the operation of all of the provisions of this section by regulations made under section 132L
b: for the purposes of subsections (7) and (8)
i: a young person (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989); or
ii: a beneficiary who falls within a class, description, or kind of beneficiary excluded from the operation of all of the provisions of this section by regulations made under section 132L
3: The chief executive must as soon as practicable give the beneficiary a notice (to be delivered in accordance with section 86J) that—
a: allows a period of 10 working days within which the beneficiary may dispute that he or she is the person to whom the warrant to arrest applies or take steps to resolve the warrant; and
b: specifies the steps that the beneficiary may take to dispute that he or she is the person to whom the warrant to arrest applies or to resolve the warrant; and
c: specifies the consequences of the beneficiary's not resolving the warrant within that 10-working-day period.
4: A notice under subsection (3) section 126AC
5: This subsection applies to the beneficiary unless, at the end of the 10-working-day period specified in the notice, the chief executive is satisfied (based on evidence provided by the beneficiary, or other information available to the chief executive, or both) of 1 of the following:
a: that the beneficiary is not the person to whom the warrant applies; or
b: that the beneficiary has taken all reasonable steps to resolve the warrant, but the warrant has for reasons beyond the beneficiary's control not been resolved; or
c: that the warrant has been resolved.
6: The benefit of a beneficiary to whom subsection (5)
a: that the beneficiary is not the person to whom the warrant applies; or
b: that the warrant has been resolved.
7: Despite subsections (1)(c) and (3) to (6) subsection (1)(a) and (b)
a: the department has received from the New Zealand Police a written request to suspend the beneficiary's benefit on the ground that the Commissioner of Police on reasonable grounds considers the beneficiary to be a risk to public safety; and
b: that request is signed by the Commissioner of Police or a constable who is of or above the level of position of inspector.
8: As soon as is reasonably practicable after a suspension under subsection (7)
a: communicates the fact of, and reason for, the suspension; and
b: specifies the steps that the beneficiary may take to dispute that he or she is the person to whom the warrant applies or to resolve the warrant.
9: The following apply to a benefit that is not payable under subsection (6) subsection (7)
a: section 80C (effect of work test on entitlement to supplementary benefits and on spouses or partners):
b: section 120 (modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship):
c: section 121 (effect of sanctions on benefit of sole parent).
10: However, section 120(1) (which protects a spouse or partner), but no other provision of section 120, ceases to apply under subsection (9)(b) subsection (6) subsection (7) When beneficiaries can be paid benefit while overseas, and suspensions of benefits based on discrepancies arising from departure information
33: Section 77 amended (Effect of absence of beneficiary from New Zealand)
1: In the heading to section 77 New Zealand : provisions
2: Replace section 77(1), (2), (3), and (3A)
1: A benefit is not payable while a beneficiary is absent from New Zealand unless the benefit is so payable under—
a: the other provisions of this section; or
b: any agreement or convention adopted under section 19 of the Social Welfare (Transitional Provisions) Act 1990; or
c: sections 21 to 35 of the New Zealand Superannuation and Retirement Income Act 2001; or
d: sections 74E to 74T of the War Pensions Act 1954.
2: A benefit is payable to a beneficiary in respect of any 1 or more absences of the beneficiary from New Zealand equal to or shorter than 4 weeks in total in any 52-week period if—
a: the benefit is not a benefit of a kind specified in subsection (2A)
b: the benefit would, but for those 1 or more absences, be payable to the beneficiary; and
c: the chief executive is satisfied that the 1 or more absences do not affect the beneficiary's eligibility for the benefit.
2A: The kinds of benefits referred to in subsections (2)(a) and (3)(a)
a: sole parent support for a work-tested beneficiary:
ab: supported living payment on the ground of sickness, injury, disability, or total blindness, under section 40B
b: jobseeker support (other than jobseeker support for a spouse or partner who is not a work-tested spouse or partner):
c: an emergency benefit:
d: any benefit that, but for the 1 or more absences referred to in subsection (2) or (3)
e: a youth payment or young parent payment.
3: The chief executive may, in the chief executive's discretion, pay a benefit to a beneficiary in respect of any 1 or more absences of the beneficiary from New Zealand equal to or shorter than 4 weeks in total in any 52-week period if—
a: the benefit is a benefit of a kind specified in subsection (2A)
b: the benefit would, but for those 1 or more absences, be payable to the beneficiary; and
c: the chief executive is satisfied that the payment of the benefit complies with any applicable criteria prescribed for the purposes of this subsection by regulations made under section 132.
3AA: If satisfied that relevant qualifying circumstances (as defined for the purposes of this subsection by regulations made under section 132) apply to or in respect of a beneficiary, the chief executive may, in the chief executive's discretion, determine that a benefit may be paid under subsection (2) or (3)
3A: The chief executive may, in the chief executive's discretion, pay a supported living payment on the ground of sickness, injury, disability, or total blindness for a period (not exceeding 6 weeks) in which a beneficiary (not being a work-tested spouse or partner of a supported living payment beneficiary) is absent from New Zealand for the sole or predominant purpose of competing in any overseas multinational or international Special Olympic or Paralympic Games competition, if the chief executive is satisfied that the beneficiary would, but for his or her absence from New Zealand, continue to be eligible for the supported living payment.
3: After section 77(5)
6: A beneficiary who proposes to be absent from New Zealand has a duty imposed by this subsection to notify an officer of the department, before that absence, of the beneficiary's forthcoming absence from New Zealand. No beneficiary has any entitlement under subsection (2), (3), (3AA), (3A),
7: In particular, if the beneficiary fails to perform his or her duty to notify under subsection (6) (2), (3), (3AA), (3A),
8: Despite subsections (6) and (7) (2), (3), (3AA), (3A),
a: both the beneficiary's absence from New Zealand, and the beneficiary's failure to notify an officer of the department, before that absence, of the beneficiary's forthcoming absence from New Zealand, are justified for 1 or more good and sufficient humanitarian reasons (as the term humanitarian reasons is defined for the purposes of this paragraph by regulations made under section 132); and
b: the beneficiary after departing from New Zealand notified an officer of the department of the beneficiary's current absence from New Zealand as soon as was reasonably practicable in the circumstances.
9: Nothing in subsections (2) to (8)
a: New Zealand superannuation payable under the New Zealand Superannuation and Retirement Income Act 2001:
b: veterans' pensions payable under Part 6 of the War Pensions Act 1954:
c: entitlements pursuant to an agreement or convention that is given effect in relation to New Zealand by an Order in Council made pursuant to section 19 of the Social Welfare (Transitional Provisions) Act 1990.
34: New section 77A inserted (Effect of absence of beneficiary from New Zealand: department must explain provisions)
After section 77
77A: Effect of absence of beneficiary from New Zealand: department must explain provisions
The chief executive must take reasonable and appropriate steps to make every person who is, or appears to the chief executive to be likely to be, affected by a provision of section 77 aware of—
a: the existence, and substance, of the provision; and
b: the consequences or possible consequences of the operation of the provision.
35: Privacy Act 1993 amended
1: This section amends the Privacy Act 1993
2: In section 103(1A) a sickness, training, unemployment, independent youth, or emergency benefit, or a job search allowance, sole parent support, the supported living payment, an emergency benefit, jobseeker support, a young parent payment, or a youth payment, 2013-07-15 Privacy Act 1993 Removing exemptions from jobseeker support benefit stand down period while person in approved training
36: Section 80 amended (Commencement of benefits)
In section 80(5)(a) an unemployment benefit, a youth payment, a youth payment Backdating benefits in specified circumstances
37: Section 80BA amended (Calculation of stand down)
Replace section 80BA(4)(b)
b: a benefit commences on the day on which the stand down period ends if the application for the benefit is received within 28 days after the date on which the person becomes entitled to the benefit, and the benefit is—
i: sole parent support; or
ii: a supported living payment; or
iii: jobseeker support granted on the ground of sickness, injury, or disability; or
iv: jobseeker support granted to a sole parent; or
v: jobseeker support granted to a person who has recently lost the financial support of his or her spouse or partner by reason of death, the spouses or partners commencing to live apart, or the ending of a de facto relationship; or
vi: a youth payment; or
vii: a young parent payment. Standardising benefit end dates
38: Section 80BD amended (Ending of benefits)
1: In section 80BD(2) (7) (8)
2: In section 80BD(3) a widow's, domestic purposes, invalid's, or youth payment, or young parent payment, or an unemployment benefit or a sickness benefit, sole parent support, a supported living payment, jobseeker support, a youth payment, or a young parent payment
3: Replace section 80BD(5)
5: In all other cases, every benefit ends on a date set by the chief executive (being a date no later than 28 days after the date of the beneficiary's death).
4: In section 80BD(6) and (6A) 8 weeks 28 days
5: In section 80BD(6A)
a: replace domestic purposes benefit under section 27G supported living payment under section 40D
b: replace sick or infirm person concerned if the beneficiary stops caring for the sick or infirm person because the person patient requiring care concerned if the beneficiary stops caring for that patient because that patient
6: After section 80BD(7)
8: A supported living payment on the ground of sickness, injury, disability, or total blindness and that is cancelled on medical grounds ends on a date set by the chief executive (being a date no later than 28 days after that cancellation of that benefit). Expiry and re-grant of specified benefits
39: New sections 80BE and 80BF inserted
After section 80BD
80BE: Expiry and re-grant of specified benefits
1: If it has not ceased earlier, a beneficiary's entitlement to a specified benefit ceases on the expiry date for that specified benefit (as those terms are defined in subsection (5) section 132M
2: The chief executive must, not less than 20 working days before the expiry date for the specified benefit, give notice to that beneficiary stating—
a: that entitlement to that benefit will cease unless the beneficiary reapplies for that benefit and it is re-granted; and
b: the date on which entitlement to that benefit will cease; and
c: what the beneficiary must do to reapply for that benefit and the period within which he or she must do so.
3: Subsection (2)
a: is suspended because the beneficiary is undertaking temporary employment; or
b: is not for the time being payable under this Act (for example, under section 76 or 77); or
c: is suspended under any provision of this Act other than section 117.
4: However, if at any time before the expiry date for that benefit any of the circumstances described in subsection (3) subsection (2)(a) to (c)
5: In this section and section 80BF expiry date section 132M specified benefit
a: jobseeker support; or
b: sole parent support, supported living payment, or emergency benefit, unless that benefit is for the time being declared not to be a specified benefit for the purposes of this section and section 80BF section 132M(1)(a)
6: Regulations under section 132M(1)(a) subsection (5)(b) section 80BF
a: that benefit as granted on only 1 or more specified available eligibility grounds:
b: that benefit as granted to only 1 or more specified categories, classes, or kinds of beneficiaries.
7: However, a specified benefit that expires under this section in the week that is, or is the week immediately before, the week that includes 26 December in a year must (despite section 80BD(1) and the rest of this section) continue to be paid until the first Monday after 2 January in the immediately following year.
8: However, the chief executive may, in any circumstances in which an exemption from expiry may be considered that are specified for the purposes of this section by regulations under section 132M
80BF: Requirements for re-grant of specified benefits
1: No specified benefit may be re-granted under this section to a person to whom section 80BE
a: the department has received—
i: a reapplication form (provided by the chief executive for the purpose) completed by or on behalf of the beneficiary and his or her spouse or partner (if any) to the chief executive's satisfaction; and
ii: any supporting evidence reasonably required by the chief executive; and
b: the beneficiary and the beneficiary's work-tested spouse or partner (if any) have participated, to the satisfaction of the chief executive, in a comprehensive work assessment of a kind specified by the chief executive.
2: Subsection (1)(b) subsection (8)
3: If, in relation to a person, the requirements of subsection (1) section 80BE(5)
a: the chief executive must re-grant the person's specified benefit if the chief executive is satisfied that the person meets or continues to meet the eligibility criteria for that benefit; and
b: if re-granted, that benefit commences on that expiry date.
4: If, in relation to a person, the requirements of subsection (1)
a: the chief executive must re-grant the person's specified benefit if the chief executive is satisfied that—
i: the person meets the eligibility criteria for that benefit set out in section 88B
ii: after that expiry date, and unless exceptional circumstances prevented the person from doing so, the person continued to meet the eligibility criteria for that benefit; and
b: if re-granted, that benefit commences on that expiry date.
5: If a person intending to reapply for the specified benefit contacts the department on or before the expiry date for the person's specified benefit,—
a: the chief executive may set a time (being a time within 10 working days after that expiry date) before which the requirements of subsection (1)
b: if those requirements are completed before that time, the chief executive may re-grant that benefit under subsection (4)
6: Subsections (1) to (5)
7: The specified benefit must not be re-granted under this section to a person, and any reapplication form received from or on behalf of that person must be treated as an application form for the purposes of section 11D(2), if the requirements of subsection (1)
a: are not completed within 20 working days after the expiry date for the person's specified benefit; or
b: were completed within that time but after that expiry date, and the chief executive is satisfied that there were no exceptional circumstances that prevented those requirements from being completed on or before that expiry date.
8: For the purposes of this section, a failure of a beneficiary's work-tested spouse or partner to participate in a comprehensive work assessment in accordance with subsection (1)(b)
a: must not be treated as a failure to complete the requirements of subsection (1)
b: must be treated as a failure by that spouse or partner to comply with his or her work test obligations. Review of benefits
40: Section 81 amended (Review of benefits)
After section 81(3)
4: If, after reviewing under subsection (1) a benefit granted on a stated eligibility ground for that benefit, the chief executive considers that the beneficiary is more appropriately entitled to receive that benefit on another eligibility ground for that benefit, the chief executive may—
a: cancel that benefit on the stated eligibility ground; and
b: grant that benefit instead on the other eligibility ground commencing from the date of cancellation. One-off hardship assistance and redirection using preferred supplier
41: Section 82 amended (Payment of benefits)
1: After section 82(6A)
6AA: This subsection applies to the beneficiary if—
a: the immediate needs of the beneficiary relate to the supply of any goods or services to the beneficiary or a member of the beneficiary's family; and
b: the goods or services are of a class, description, or kind supplied by a preferred supplier (being a preferred supplier to, or in respect of, the area in which the beneficiary resides) under a contract entered into with the chief executive under section 125AA
6AB: If subsection (6AA) section 125AA
a: the amount of the advance payment of benefit for purchasing the goods or services is the lesser of—
i: the price so determined; and
ii: the maximum amount of advance payment of benefit that is available to the beneficiary for that purpose; and
b: the chief executive must, despite subsections (3), (6), and (6A), pay the advance payment of the benefit to that supplier in consideration of the supply of the goods or services to the beneficiary or the beneficiary's family member.
6AC: A nomination under subsection (6AB)
a: may be given orally or in writing (but, if given orally, must as soon as practicable be confirmed in writing); and
b: may from time to time be amended, revoked, or revoked and replaced by the chief executive, to recognise changes in preferred suppliers or preferred supply contracts ending without also being replaced.
2: After section 82(6E)
6F: This subsection applies to a beneficiary if—
a: the chief executive has under section 125AA
b: the beneficiary to obtain the advantage of that supply at the price determined by that contract requests the chief executive in writing to pay, for a period identified by the chief executive, an agreed amount or agreed portion of the benefit payments payable to the beneficiary to the preferred supplier in consideration of the supply of those goods or services to the beneficiary or a member of the beneficiary's family.
6G: If subsection (6F)
a: the chief executive may, despite subsection (3), act on the beneficiary's written request under subsection (6F)
b: the beneficiary cannot withdraw from the redirection arrangement arising from that request unless the chief executive, in his or her discretion, considers a withdrawal during the identified period is justified by special circumstances established to the chief executive's satisfaction.
3: In section 82(8) section 179 , and subsections (6) to (6AB) (6F) (6G) section 125AA(5) Work test obligations: drug testing obligations
42: Section 88A amended (Interpretation)
In section 88A controlled drug drug test evidential drug test
a: a standard for drug tests for evidential purposes; and
b: a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and
c: prescribed (whether under sections 22 to 25 of the Standards Act 1988, or otherwise) in regulations made under section 132 fail
a: if the drug test is a screening drug test or an evidential drug test, not to pass the drug test; or
b: if the drug test is an evidential drug test, to waive in the situation specified in section 102B(4) pass
a: if the drug test is a screening drug test, does not indicate the presence in the person's body of 1 or more controlled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 132) with which the test complies; and
b: if the drug test is an evidential drug test, does not detect for evidential purposes the presence in the person’s body of 1 or more controlled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 132) with which the test complies screening drug test
a: may indicate the presence in the person’s body of 1 or more controlled drugs; and
b: is quicker, less formal, and less expensive than, and is designed for use in conjunction with, a drug test for evidential purposes; and
c: complies with a standard that is—
i: a standard for drug tests for screening purposes; and
ii: a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and
iii: prescribed (whether under sections 22 to 25 of the Standards Act 1988, or otherwise) in regulations made under section 132 . Jobseeker support (including deferral of work test obligations on ground of sickness, injury, or disability)
43: Sections 89 to 99AB and cross-heading above section 89 replaced
Replace sections 89 to 99AB section 89 Jobseeker support
88B: Jobseeker support: standard eligibility requirements
1: A person is entitled to jobseeker support if he or she satisfies the criteria in subsections (2), (3), and (4)
a: is not in full-time employment, but—
i: is seeking it; and
ii: is available for it; and
iii: is willing and able to undertake it; and
iv: has taken reasonable steps to find it; or
b: is not in full-time employment, but would comply with subparagraphs (i) to (iv) of paragraph (a)
c: is not in full-time employment and is willing to undertake it but, because of sickness, injury, or disability, is limited in his or her capacity to seek, undertake, or be available for it; or
d: is in employment, but is losing earnings because, through sickness or injury, he or she is not working at all, or is working only at a reduced level.
2: An applicant for jobseeker support—
a: must be aged at least 18 years, in the case of an applicant without a dependent child:
b: must be aged at least 19 years, in any other case.
3: An applicant for jobseeker support must meet the residential requirements in section 74AA.
4: An applicant for jobseeker support must have—
a: no income; or
b: an income of less than the amount that would fully abate that benefit.
5: Nothing in subsection (4)
6: Nothing in subsection (1)(a) or (4) clause 1(ab) or (ba)
7: A sick or injured person ( A subsection (1)(d) B
88C: Jobseeker support: grounds of hardship
1: The chief executive may grant jobseeker support under section 88B section 88B(1) and (2) section 88B
a: the person is suffering hardship; and
b: the person is not qualified to receive any other benefit; and
c: the person is unable to earn sufficient income to support the person and his or her spouse or partner and any dependent children.
2: The chief executive may, under the exception in section 88D(a) section 88B
3: The chief executive may, under the exception in section 88D(a) section 88B
a: any of paragraphs (a) to (c) of section 159(2) applies to the student; or
b: the student is married or in a civil union or in a de facto relationship.
88D: Jobseeker support: ineligibility
No person is eligible to be granted jobseeker support if he or she—
a: is a full-time student (other than in the situation described in section 88C(2) or (3)
b: is unemployed because of a strike undertaken by himself or herself, or by fellow members of the same union at the same place of employment; or
c: became unemployed or took leave with or without pay from the person's employment for the purpose, in the opinion of the chief executive, of undertaking employment-related training.
88E: Jobseeker support: on ground of sickness, injury, or disability: medical examination
1: A person making an application for jobseeker support on the ground of sickness, injury, or disability (the applicant subsections (2) and (3)
2: A certificate complies with this subsection only if it is given—
a: by a medical practitioner in respect of any condition; or
b: by a dentist in respect of a condition that is within the ambit of his or her profession; or
c: by a midwife in respect of a pregnancy, childbirth, or any related condition that is within the ambit of his or her profession; or
d: by a health practitioner of a kind specified for the purposes of this paragraph in regulations made under section 132 and in respect of a condition within the ambit of his or her scope of practice.
3: A certificate complies with this subsection only if it—
a: certifies that the applicant's capacity for work is affected by sickness, injury, or disability; and
b: indicates the nature of the sickness, injury, or disability concerned, the extent to which the applicant's capacity for work is affected by it, and the length of time that effect is likely to last; and
c: contains any other particulars the chief executive may under this paragraph require.
4: The chief executive may at any time require the applicant or a jobseeker support beneficiary to submit himself or herself for examination by a medical practitioner or psychologist. The medical practitioner or psychologist must be agreed for the purpose between the applicant or beneficiary and the chief executive or, failing agreement, must be nominated by the chief executive.
5: The medical practitioner or psychologist must prepare, and must send the chief executive a copy of, a report that indicates—
a: whether the applicant's or beneficiary's capacity for work is affected by sickness, injury, or disability; and
b: the extent to which the applicant's or beneficiary's capacity for work is affected by the sickness, injury, or disability concerned; and
c: whether, and if so, for how long, that capacity is likely to continue to be affected by the sickness, injury, or disability concerned.
88F: Jobseeker support: obligations on beneficiaries
1: A person granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) must (subject to sections 88J
2: The chief executive must after granting a person jobseeker support on the ground of sickness, injury, or disability, and may at any later time, determine whether the person has, while receiving that benefit, the capacity to seek, undertake, and be available for part-time work (as defined in section 3(1)).
3: A determination under subsection (2)
a: the relevant certificate, and any relevant report obtained, under section 88E
b: any relevant work ability assessment under sections 100B and 100C
4: A determination under subsection (2)
5: The date specified in a written notice under subsection (4)
a: in the case of a new grant of jobseeker support, may be the date on which that benefit is first paid; but
b: in any case, must not be a date before the date on which the chief executive reasonably considers the person will receive the notice.
6: The chief executive may at any time, whether on the application of the person or otherwise, review a determination under subsection (2) subsection (4)
7: A determination under subsection (2) section 88I(6)
8: A person must comply with the person's social obligations under section 60RA(3)
a: is a person with 1 or more dependent children; and
b: is the person granted a benefit that is jobseeker support; and
c: is not a young person on whom obligations are placed under section 171(1) or (2).
88G: Jobseeker support: obligations of spouse or partner of person granted it
From the time that payment of the jobseeker support commences, the spouse or partner of a person granted jobseeker support,—
a: if the benefit is granted at a work-test couple rate, must comply with a requirement under section 60Q; and
b: if he or she is a person to whom section 60RA section 60RA(3)
c: if he or she is a work-tested spouse or partner, must comply with the work test.
88H: Jobseeker support: application for deferral of work test obligations
1: A person granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) may apply to the chief executive for a deferral of all of the person's work test obligations on the grounds that he or she—
a: is a sole parent with a dependent child under the age of 1 year; and
b: is a recipient of jobseeker support instead of sole parent support under section 20D
2: A person granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) may apply to the chief executive for a deferral of all of the person's work test obligations on the grounds that he or she has, because of his or her sickness, injury, or disability (being a sickness, injury, or disability that arose or became apparent only after he or she was granted jobseeker support), either—
a: no capacity for work; or
b: capacity only for work that is less than part-time work (as defined in section 3(1)).
3: The chief executive may require an applicant to verify any particulars relevant to an application under this section in such manner as the chief executive specifies either generally or specifically.
88I: Jobseeker support: chief executive's powers and duties to defer work test obligations
1: The chief executive may defer all of the beneficiary’s work test obligations if satisfied, on an application under section 88H(1) subsection (4) paragraphs (a) and (b) section 88H(1)
2: The chief executive may defer all of the beneficiary's work obligations if satisfied, on an application by the beneficiary under section 88H(2) subsection (4)
a: no capacity for work; or
b: capacity only for work that is less than part-time work (as defined in section 3(1)).
3: A deferral under this section must be in writing and may be granted—
a: for a time set by the chief executive; or
b: on conditions set by the chief executive; or
c: for both a time and on conditions set by the chief executive.
4: The chief executive may grant to a beneficiary granted jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability) a deferral under this section on the ground set out in (as the case may be) section 88H(1) or (2)
5: A determination under subsection (1) or (2)
a: the relevant certificate, and any relevant report obtained, under section 88E
b: any relevant work ability assessment under sections 100B and 100C
6: The chief executive must grant a deferral under this section to a person who is the subject of a determination of the kind referred to in section 88F(7)
7: The chief executive may from time to time review a deferral granted under this section, and may extend, vary, or revoke it.
88J: Jobseeker support: effect of deferral
While a deferral under section 88I
a: the work test obligations of the beneficiary concerned are deferred for the time specified in the deferral; and
b: sections 60P, 60Q, and 60R apply to the beneficiary concerned as if he or she were not a work-tested beneficiary.
88K: Jobseeker support: deferred or exempted people must notify change of circumstances
1: This section applies to a person who is, or is deemed to have been, granted a deferral under section 88I
2: A person to whom this section applies must notify the chief executive as soon as practicable of any change in the person's circumstances that may affect his or her entitlement to the deferral.
3: This section does not limit or affect the obligation under section 105(5A) of a person who is, or is deemed to have been, granted an exemption under section 105 (for example, an exemption under section 105 from work test obligations) to notify the chief executive as soon as practicable of any change in the person's circumstances that may affect his or her entitlement to the exemption.
88L: Jobseeker support: payment
1: Payment of jobseeker support commences in accordance with section 80.
2: Jobseeker support must be paid in weekly instalments in accordance with section 82.
3: Payment of jobseeker support may be suspended or cancelled in accordance with sections 80 to 82.
4: Subsection (3)
88M: Jobseeker support: rates
1: Jobseeker support must be paid to a person granted that benefit at the appropriate rate in Schedule 9.
2: If no payment is made under this section in respect of the spouse or partner of a person granted jobseeker support, the chief executive may increase the rate of jobseeker support payable to a beneficiary by an amount not exceeding the amount specified in clause 2 of Schedule 9 in respect of any person who for the time being has the care of the home of that beneficiary.
3: Subsection (4)
a: the application of section 60H (which relates to voluntary unemployment or loss of employment through misconduct, etc); or
b: the application of section 117 (which relates to sanctions that may be imposed for failures to comply with work test or other obligations and work preparation interviews and exercises); or
c: a strike, either by himself or herself, or by fellow members of the same union at the same place of employment.
4: The rate of jobseeker support that an applicant to whom this subsection applies under subsection (3) Work ability assessment
44: New sections 100B to 100D and cross-heading inserted
Before the heading above section 101 Work ability assessment
100B: Chief executive may require person to undergo assessment
1: This subsection applies to a person who is, or who is the spouse or partner of, a beneficiary in receipt of—
a: sole parent support; or
b: a supported living payment (except as provided in subsection (2)
c: an emergency benefit; or
d: jobseeker support.
2: Subsection (1)(b)
a: the person is terminally ill; or
b: the person has little or no capacity for work, and the person's condition is deteriorating or not likely to improve.
3: The chief executive may at any time require a person to whom subsection (1)
a: whether the person is entitled to a benefit and, if so, what kind of benefit:
b: if the person is in receipt of jobseeker support (other than jobseeker support granted on the ground of sickness, injury, or disability), whether the person is entitled on an application under section 88H section 88I(4) section 88I
c: if the person is in receipt of jobseeker support granted on the ground of sickness, injury, or disability, whether the person has for the purposes of section 88F(2)
d: whether the person is entitled on an application under section 105 on the ground of limited capacity to meet those obligations to an exemption from work test obligations or work preparation obligations under section 60Q:
e: whether the person, being a person who is subject to work test obligations or work preparation obligations under section 60Q, has the capacity to meet those obligations:
f: what is suitable employment for the person for the purposes of section 102A(1)(a), (b), or (c):
g: what are suitable activities for the person for the purposes of section 60Q(3) or 102A(1)(f):
h: what assistance and supports the person needs to obtain employment.
4: An assessment under subsection (3)
5: After an assessment under subsection (3) subsection (3)
a: in reliance on that assessment; or
b: having regard to the assessment and to any alternative assessment under subsection (3)
100C: Reassessment
1: The chief executive may from time to time reassess under section 100B section 100B(1) section 100B
2: A reassessment may be at a time, or after an interval, the chief executive thinks appropriate.
3: After a reassessment, the chief executive may determine the matter or matters in section 100B(3)
100D: Assessment or reassessment: department must explain requirements
The chief executive must take reasonable and appropriate steps to make every person on whom requirements are imposed under section 100B sections 100B and 100C
a: those requirements; and
b: the consequences of failure to comply with those requirements. Work test obligations: drug testing obligations
45: Section 102A amended (Work test obligations)
After section 102A(1)
1A: The drug testing obligations under section 102B(1)
46: New sections 102B to 102E inserted
After section 102A
102B: Work test obligations: drug testing obligations
1: The drug testing obligations referred to in section 102A(1A)
a: of a kind described in subsection (2)
b: requested, and undertaken, lawfully (in particular, for a lawful health or safety purpose, or other lawful purpose), even though the employer or provider is not authorised or required by or under this Act to compel the candidate to undertake it.
2: A drug test is of a kind described in this subsection for the purposes of subsection (1)(a)
a: a screening drug test of the candidate undertaken without any associated later evidential drug test of the candidate; or
b: an evidential drug test of the candidate if he or she has failed any associated prior screening drug test under paragraph (a)
c: an evidential drug test of the candidate undertaken without any associated prior screening drug test of the candidate.
3: A drug test undertaken by a candidate for employment or training on a request by the potential employer or training provider is for the purposes of subsection (1)(b)
4: A candidate for employment or training is taken for the purposes of this Act to have failed an evidential drug test requested by a potential employer or a training provider if the candidate—
a: fails an associated prior screening drug test requested by the employer or provider; and
b: waives (in any manner) the evidential drug test.
5: For the purposes of subsection (1)
102C: Work test obligations: drug testing obligations on referral to opportunity of suitable employment
1: This section applies to a work-tested beneficiary who has a work test obligation,—
a: under section 102A(1)(c), to attend and participate in an interview for any opportunity of suitable employment to which the beneficiary is referred by the chief executive; and
b: that, under section 102A(1A) section 102B(1)
2: The employer providing the opportunity of suitable employment may, or may authorise the appropriate drug testing provider to, provide to the department (with or without the beneficiary's consent) the results of a screening drug test, an evidential drug test, or both if—
a: that employer has (in accordance with section 102B(1) to (3)
b: the beneficiary has by the specified time failed that drug test, or both of those drug tests.
3: The chief executive may reimburse the employer for the actual and reasonable costs (if, or insofar as, they do not exceed the maximum reimbursement amount prescribed for the purposes of this subsection by regulations made under section 132) of a screening drug test, an evidential drug test, or both that the employer has (in accordance with section 102B(1) to (3)
a: is provided under subsection (2)
b: is satisfied that those results relate to the beneficiary, and that the beneficiary has failed that drug test or those drug tests.
4: Regulations made under section 132 prescribing maximum reimbursement amounts for the purposes of subsection (3)
a: different kinds of drug tests:
b: the same or different kinds of drug tests having been provided by different providers or by different agents or employees of the same or different providers.
5: Costs of a screening drug test requested (in accordance with section 102B(1) to (3) subsection (3) section 102B(1) to (3)
6: Costs reimbursed under subsection (3)
102D: Work test obligations: drug testing obligations: challenging sanction based solely on failing screening drug test
1: This section applies to a beneficiary if—
a: an employer or a training provider has (in accordance with section 102B(1) to (3)
b: the beneficiary has failed that screening drug test; and
c: that employer or training provider has not (in accordance with section 102B(1) to (3)
d: a sanction is to be imposed on the beneficiary (the beneficiary's benefit is to be reduced, suspended, or cancelled), under section 117, based on the beneficiary having failed that screening drug test.
2: The beneficiary may dispute the sanction to be imposed under section 117 by making to the department a request that the sample taken from the beneficiary for the screening drug test be subjected to an evidential drug test.
3: A request under subsection (2)
a: after the beneficiary is given under section 113 a written notice relating to the sanction to be imposed; and
b: after the beneficiary disputes the reduction, suspension, or cancellation (within the period for that purpose, of 5 working days from the giving of that written notice, that section 113(2)(e) requires to be stated in that written notice); and
c: within a period that starts when the beneficiary disputes the reduction, suspension, or cancellation, and is a reasonable period specified by the department for the purpose.
4: A request under subsection (2)
5: The department may proceed to impose the appropriate sanction as if the beneficiary had not disputed the sanction if—
a: a request under subsection (2) subsection (4)
b: that consent and authorisation is not provided in the period specified under subsection (3)(c)
6: If a request under subsection (2) subsection (4)
a: any sanction imposed under section 117, and based on the beneficiary's having failed the associated prior screening drug test, is suspended:
b: any failure for the purposes of sections 119 and 122(2)
c: the beneficiary is not liable under section 102C(6) section 102C(3)
7: The actual and reasonable costs incurred by a drug testing provider in doing an evidential drug test arranged by the department in accordance with a request under subsection (2)
8: If the beneficiary fails an evidential drug test arranged by the department in accordance with a request under subsection (2) section 116B(1)(e)
9: If the beneficiary fails an evidential drug test arranged by the department in accordance with a request under subsection (2)
a: the actual and reasonable costs incurred by a drug testing provider in doing that evidential drug test:
b: the actual and reasonable costs (if any) reimbursed to the employer under section 102C(3)
102E: Work test obligations: drug testing obligations: use and communication of drug test results
Drug test results provided under, or under an authorisation given under, section 102B, 102C, or 102D
a: may be used by the chief executive or the department for the purposes of, or for the purposes of a review or appeal against a decision under, that section and all or any of sections 116B 116C
b: must not be used or communicated by the chief executive or the department for any other purposes. Sanctions
47: Section 113 amended (Procedure for imposing sanctions)
After section 113(2)
2A: A notice given under this section to a beneficiary who on 2 or more occasions has failed to comply with 1 or more (whether the same or different) specified obligations under this Act may relate to and include those 2 or more failures, but for the purposes of sections 117 and 119—
a: all the 2 or more failures included in the notice (so long as at least 2 of them are not disputed by the beneficiary) are treated as 1 failure; and
b: the beneficiary must be sanctioned on that basis of that 1 failure (as a first, second, or third failure).
48: Sections 115 and 116A replaced
Replace sections 115 116A section 116A section 43
116B: Failures to comply with obligations
1: The sanctions stated in section 117 must be imposed on a person when any of the following paragraphs applies to the person: Obligations related to contracted service providers
a: the chief executive considers that the person has, without a good and sufficient reason, failed to comply with an obligation under section 60GAG(1) section 60GAG(1)(a) to (d) Social obligations of certain beneficiaries with dependent children
b: the chief executive considers that the person has, without a good and sufficient reason, failed to comply with a social obligation that the person has under section 60RA(3) section 60RC(3) Obligations related to work preparation or to work ability assessment
c: the chief executive considers that the person has, without a good and sufficient reason, failed to comply with a general obligation under section 60Q(2) or an obligation under section 60Q(2) to comply with a requirement under section 60Q(3); or
d: the chief executive considers that the person has, without a good and sufficient reason, failed to undergo an assessment that the person is required to undergo under section 100B Work test obligations (including drug testing obligations) and work-tested beneficiaries
e: the person is a work-tested beneficiary, and the chief executive considers that the person has, without a good and sufficient reason, failed to comply with any of the work test obligations as set out in section 102A (including, without limitation, any drug testing obligations under section 102B(1) section 102A(1A)
f: the person is required by this paragraph to be treated as a person to whom paragraph (e)
g: the person is required by this paragraph to be treated as a person to whom paragraph (e)
h: the person is required by this paragraph to be treated as a person to whom paragraph (e) Interview obligation of beneficiary exempted from work test
i: the person is a beneficiary granted an exemption from the work test, and the chief executive considers that the person has, without a good and sufficient reason, failed to attend an interview as required under section 105(5).
2: Section 60H(6) and (7) (which relate to dealing with voluntary unemployment or loss of employment through misconduct, etc) apply with all necessary modifications to a person to whom subsection (1)(g) or (h)
3: A work-tested beneficiary who indicates that he or she would fail a drug test that an employer would require for an opportunity of suitable employment is for the purposes of subsection (1)(f) subsection (1)(f) subsection (1)(e)
4: Subsection (3) subsections (1)(e) and (f)
116C: Good and sufficient reasons for specified failures to comply
1: A beneficiary has for the purposes of section 116B
a: doing so was dependent upon the provision by the department of any assistance specified by the department; and
b: that assistance was either not supplied, or not supplied to the extent, or in the manner, specified by the department.
2: A beneficiary has for the purposes of section 116B section 102B(1)
a: that the person is addicted to, or dependent on, 1 or more controlled drugs; or
b: that the person is undertaking treatment—
i: for addiction to, or dependence on, 1 or more controlled drugs; and
ii: provided by a health practitioner, or other person, who is professionally engaged in the treatment or rehabilitation of people using, or who have used, controlled drugs; and
iii: of a kind approved by the chief executive; or
c: that the person should be treated as one to whom paragraph (b) paragraph (b)
d: that, insofar as the person is using a particular controlled drug of a kind the presence of which in the person's body can be or may be detected by an evidential drug test, that particular controlled drug has been lawfully prescribed, and the person is using only the dosage of that particular controlled drug lawfully prescribed, for the person by a health practitioner; or
e: that the person falls within, or the person's circumstances fall within, another ground or other grounds specified for the purposes of this paragraph by regulations made under section 132.
3: A beneficiary who has 1 or more dependent children has for the purposes of section 116B
4: This section does not limit the generality of section 116B
49: Section 117 amended (Sanctions that may be imposed for failures)
1: Before section 117(1)
1AA: If 2 or more failures of a beneficiary to comply with 1 or more specified obligations under this Act are under section 113(2A)
a: all the 2 or more failures included in the notice (so long as at least 2 of them are not disputed by the beneficiary) are treated as 1 failure for the purposes of this section and section 119; and
b: the beneficiary must be sanctioned on that basis of that 1 failure (as a first, second, or third failure).
2: After section 117(1)
1A: Subsection (1) is subject to subsections (1B) and (1C)
1B: Cancellation under subsection (1)(c) of the person's benefit (unless it is not a main benefit under this Act) is the sanction that the chief executive must apply if any failure referred to in subsection (1) is a failure under section 116B(1)(e)
1C: Subsection (1B) section 116B(1)(e) subsection (1B)
50: Section 119 amended (Calculation of failure rate)
1: In section 119(1)(a) while the same benefit has been continuously paid in respect of the beneficiary during a period of continuous payment in respect of the beneficiary of the same benefit or of 2 or more different benefits
2: In section 119(1)(ab) work-tested
3: Replace section 119(1)(b)
b: must not count a failure if—
i: it is not a failure of a kind to which section 117 applies under section 116B(1)
ii: it occurred more than 12 months before the failure for which the calculation is made if, during that period, that beneficiary has not incurred a failure of a kind in section 116B(1)
4: Before section 119(2) section 119(1A) section 61(15)
1B: For the purposes of subsection (1)(a), 2 or more different benefits paid to a beneficiary do not give rise to a period of continuous payment in respect of the beneficiary of those 2 or more different benefits if—
a: one of those 2 or more different benefits is a youth payment or a young parent payment; and
b: the other of, or (as the case may be) the rest of, those 2 or more different benefits is any 1 or more or all of sole parent support, supported living payment, jobseeker support, and emergency benefit.
1C: Subsection (1B)
a: by a young person receiving a youth payment or a young parent payment; and
b: that are failures, without good and sufficient reason, to comply with an obligation placed on him or her by section 170; and
c: during a period of continuous payment in respect of the young person of the same benefit (being a youth payment or a young parent payment) or of 2 or more different benefits (being a youth payment and a young parent payment, in whatever sequence paid).
5: After section 119(5)
6: This section is subject to sections 113(2A) and 117(1AA)
a: included in a notice given to the person under section 113; and
b: treated for the purposes of section 117 and this section as 1 failure).
51: Section 122 replaced (Meaning of recompliance)
Replace section 122
122: Meaning of recompliance
1: A person recomplies section 116B relevant failure or failures section 116B(1)
2: Despite subsection (1)
3: Despite subsection (1) recomplies section 116B(1)(e) section 102B(1)
a: in the case of a first failure of that kind in a 12-month period, the person undertakes in a manner that is satisfactory to the chief executive that the person will not use controlled drugs (except any use of a particular controlled drug that is lawfully prescribed, and only the dosage of that particular controlled drug that is lawfully prescribed, for the person by a health practitioner):
b: in the case of a second failure of that kind in a 12-month period, the person undertakes in a manner that is satisfactory to the chief executive to do both of the following:
i: to pass a drug test of the kind stated in section 122A(2)(a) or (b)
ii: to provide evidence that satisfies the chief executive that the person has passed a drug test of that kind, and to do so within 30 working days after the date of the person's undertaking.
4: The calculation of the number of failures for the purposes of subsection (3)
5: The department must take reasonable and appropriate steps to make a person who has given an undertaking in accordance with subsection (3)(b)
a: the consequences of failing to comply with the undertaking; and
b: the location of a drug testing provider that the person can use to undertake a drug test of the kind stated in section 122A(2)(a) or (b)
c: that the actual and reasonable costs charged by the provider for performing, on one occasion only within the period, a drug test of the kind stated in section 122A(2)(a) or (b)
52: New section 122A inserted (Recomplying after second failure to comply with drug testing obligations)
After section 122
122A: Recomplying after second failure to comply with drug testing obligations
1: This section applies to a work-tested beneficiary who has undertaken under section 122(3)(b)
a: to pass a drug test of the kind stated in subsection (2)(a) or (b) section 122(3)(b)(i) testing period
b: to provide evidence that satisfies the chief executive that the person has passed a drug test of that kind, and to do so within the 30-working-day period in section 122(3)(b)(ii) results period
2: The beneficiary must at a time that is within the testing period attend at the location of a drug testing provider for the purpose of undertaking a drug test that is—
a: a screening drug test of the beneficiary and, if the beneficiary fails that screening drug test, an evidential drug test of the beneficiary; or
b: an evidential drug test of the beneficiary undertaken without any associated prior screening drug test of the beneficiary.
3: The actual and reasonable costs charged by the provider for performing, on 1 occasion only within the testing period, a drug test in accordance with subsection (2)(a) or (b)
a: payable by the department; but also
b: a debt due to the Crown from the beneficiary for the purpose of section 85A(e).
4: A beneficiary who fails a screening drug test or an evidential drug test or both performed within the testing period may (in order to try to comply with the beneficiary's undertaking despite that failure) undertake, at the beneficiary's expense, further drug testing within the testing period.
5: A beneficiary who does not pass a drug test of the kind stated in subsection (2)(a) or (b) section 102B(1) Special assistance under welfare programme: use of preferred supplier
53: Section 124 amended (Money payable out of Crown Bank Account)
After section 124(1B)
1BA: This subsection applies to an applicant for special assistance under a welfare programme approved by the Minister under subsection (1)(d) if—
a: any special assistance under the programme relates to the supply of any goods or services to the applicant or a member of the applicant's family; and
b: the goods or services are of a class, description, or kind supplied by a preferred supplier (being a preferred supplier to, or in respect of, the area in which the applicant resides) under a contract entered into with the chief executive under section 125AA
1BB: If subsection (1BA) section 125AA
a: the amount of the special assistance granted under subsection (1)(d) for purchasing those goods or services is the lesser of—
i: the price so determined; and
ii: the maximum amount for purchasing those goods or services available under the welfare programme concerned; and
b: the chief executive must pay that special assistance to that supplier in consideration of the supply of the goods or services to the applicant or the applicant's family member.
1BBA: A nomination under subsection (1BB)
a: may be given orally or in writing (but, if given orally, must as soon as practicable be confirmed in writing); and
b: may from time to time be amended, revoked, or revoked and replaced by the chief executive, to recognise changes in preferred suppliers or preferred supply contracts ending without also being replaced.
1BC: No appeal under this Act lies against any chief executive's decision under subsection (1BB)(b)
1BD: Subsections (1BA) to (1BC) section 125AA(5) Preferred suppliers of goods or services for beneficiaries or others
54: New section 125AA and cross-heading inserted
After section 124 Preferred suppliers of goods or services for beneficiaries or others
125AA: Preferred supply of goods or services for beneficiaries or others
1: The Minister may from time to time, by written direction, determine the goods or services, or classes, descriptions, or kinds of goods or services, contracts for the supply of which may be entered into under subsection (3) specified goods or services
2: A determination under subsection (1)
a: to meet additional expenses arising from a disability by way of a disability allowance, under section 69C(7B)
b: to satisfy the immediate needs of a beneficiary by way of an advance payment of a benefit under section 82(6) and (6A):
c: for supply of goods or services to a beneficiary by way of a redirection of some of the beneficiary's benefit payments, under section 82(6G)
d: to meet particular needs of a person by way of special assistance under a welfare programme under section 124(1)(d), under section 124(1BB)
3: The chief executive may from time to time, on behalf of the Crown, enter into a contract with any person, body, or organisation (a preferred supplier subsection (1)
a: by the preferred supplier; and
b: for purchase by beneficiaries, other persons identified by the department, or both.
4: Goods or services sections 69C(7B), 82(6AB) and (6G), and 124(1BB)
5: The Minister may, from time to time, give to the chief executive under section 5 general or special directions setting out transitional or savings provisions that apply—
a: to persons receiving assistance under this Act in respect of goods or services that would be affected by a contract with a preferred supplier in respect of those goods or services; and
b: at, or within a specified period after, the time or times when a contract under subsection (3)
6: Directions under subsection (5)
a: override sections 69C(7A) to (7D) (6AB) 82(6F) and (6G) 124(1BA) to (1BC)
b: must, in accordance with section 5(1), be complied with by the chief executive. Contracts with administration service providers
55: Section 125A amended (Chief executive may contract with service providers)
1: In section 125A(1)(a) that , in relation to young persons,
2: After section 125A(1)(a)
ab: that, in relation to persons other than young persons, are services in relation to all or any of Parts 1 to 1P and 2 .
3: In section 125A(2)(b) young persons persons to whom the services relate
4: Repeal section 125(3)
56: Section 125C amended (Release of personal information to and by contracted service provider)
1: In section 125C(1)(a) young
2: In section 125C(1)(b) Part 5 and section 123E(a) the provisions specified in section 125A(1)(a) or, as the case requires, 125A(1)(ab)
3: In section 125C(2) young Effect on benefit of warrant to arrest beneficiary: information matching
57: New section 126AC inserted (Disclosure to department of warrant to arrest beneficiary for determining effect on benefit)
After section 126AB
126AC: Disclosure to department of warrant to arrest beneficiary for determining effect on benefit
1: The purpose of this section is to authorise and require the disclosure of information by the Ministry of Justice to the department for the purpose of enabling the department to implement effectively section 75B
2: For the purpose of this section, the chief executive of the Ministry of Justice must from time to time, in accordance with arrangements made with the chief executive of the department for the time being responsible for the administration of this Act, provide the latter chief executive with information about individuals for whose arrest a New Zealand court has (or 1 or more of the court's Judges or Registrars has or have) at least 28 days before the provision of the information issued a warrant to arrest in criminal proceedings against the individual for an offence (being a warrant of that kind that has not been executed or withdrawn).
3: The information must be provided unless provision of the information is limited or prohibited by any enactment or by any order or direction of the court.
4: The information provided must, without limitation, include the individual’s name (including any alias), date of birth, and last known address, and the nature of the offence charged.
5: The chief executive of the department responsible for the administration of this Act may supply the information received to any officer or employee who is—
a: an officer or employee of the department; and
b: authorised by that chief executive to receive it.
6: The information must be provided in a form determined by agreement between the 2 chief executives. Disability allowance: funding of specified expenses
58: New section 132AD inserted (Regulations on use of disability allowance to fund specified expenses)
After section 132AC
132AD: Regulations on use of disability allowance to fund specified expenses
1: The Governor-General may, by Order in Council, make regulations relating to the use of a disability allowance to fund specified expenses.
2: Any such regulations may (without limiting subsection (1)
a: specify classes, descriptions, or kinds of expenses that must not be funded by way of a disability allowance:
b: specify classes, descriptions, or kinds of expenses that may be funded by way of a disability allowance only to an extent specified in the regulations, or only subject to compliance with conditions specified in the regulations, or both:
c: provide for transitional and savings provisions relating to use of a disability allowance to fund specified expenses.
3: Any such regulations that do what is stated in subsection (2)(b)
a: maximum funded proportions of all or any of the expenses concerned:
b: maximum funded amounts for all or any specified expenses, specified periods, or both:
c: maximum numbers, frequencies, or both, of grants for all or any specified expenses.
4: Transitional or savings provisions under subsection (2)(c)
a: separate transitional or savings provisions for all or any specified people to or on account of whom a disability allowance is payable immediately before the commencement of this section:
b: separate transitional or savings provisions for all or any specified expenses to which the regulations apply (when they, or any regulations amending them or made under subsection (2)(c)
c: specified transitional or savings provisions to have effect at a time, or on the occurrence of an event (for example, at the end of any existing contractual arrangements), specified in any general or special directions given to the chief executive in writing by the Minister under section 5. Effect on benefit of warrant to arrest beneficiary, and expiry and re-grant of specified benefits
59: New sections 132L and 132M inserted
After section 132K
132L: Regulations relating to effect on benefit of warrant to arrest beneficiary
1: The Governor-General may by Order in Council make regulations for the purpose of section 75B
a: provisions prescribing classes, descriptions, or kinds of offences excluded from the operation of section 75B(1)(a)
b: provisions prescribing for the purposes of section 75B(2)(a)(iii) section 75B(2)(b)(ii) section 75B excluded beneficiaries section 75B(3) to (6) section 75B(7) and (8)
c: provisions for any other matters contemplated by section 75B
2: Nothing in this section limits section 132.
132M: Regulations relating to expiry and re-grant of specified benefits
1: The Governor-General may by Order in Council make regulations for the purpose of sections 80BE and 80BF
a: declare a benefit that is sole parent support, supported living payment, or emergency benefit (including, without limitation, that benefit as granted in either or both of the ways specified in section 80BE(6)(a) and (b) sections 80BE and 80BF
b: prescribe the expiry date or expiry dates for every benefit that is a specified benefit for the purposes of sections 80BE and 80BF
c: specify circumstances in which the chief executive may under section 80BE(8) section 80BE
2: Regulations under subsection (1)(b)
a: each specified benefit for the purposes of sections 80BE and 80BF
b: each specified benefit for the purposes of sections 80BE and 80BF
c: each specified benefit for the purposes of sections 80BE and 80BF
3: Nothing in this section limits section 132. Jobseeker support
60: Schedule 9 amended
1: In Schedule 9 (ab) To any other single beneficiary without dependent children and who was on 15 July 2013 transferred to jobseeker support— $214.79 a week, subject to Income Test 1 (i) by clause 2(9) and (11) of Schedule 32 (ii) by clause 10(6) and (8) of Schedule 32 .
2: In Schedule 9 (ba) To any single beneficiary whose youngest dependent child is aged at least 14 years (including, without limitation, any such beneficiary who is a beneficiary of a kind specified in clause 5A(a), (b), or (c) see also clause 5B $295.37 a week, subject to Income Test 1 .
3: In Schedule 9
a: replace To a To any other
b: replace Income Test 3 Income Test 1
4: In Schedule 5A A single beneficiary whose youngest dependent child is aged at least 14 years, referred to in clause 1(ba) (a) a beneficiary who (as a person with a dependent child aged under 14 years) was on 15 July 2013 transferred by clause 2(6) and (8) of Schedule 32 section 20H(1) and (2) (b) a beneficiary who (as a person without a dependent child aged under 14 years) was on 15 July 2013 transferred to jobseeker support by clause 2(9) and (11) of Schedule 32 (c) a beneficiary whose entitlement to jobseeker support arose from applying for it, and being granted it, after 14 July 2013. 5B For the purposes of clause 1(ba) References to main benefits
61: Amendments to make clearer references to main benefits
1: In section 3(1) financially independent a benefit a main benefit under this Act
2: In section 3(1) financially independent a benefit a main benefit
3: In section 61(1)(b) any benefit a main benefit under this Act, New Zealand superannuation, or a veteran's pension
4: In section 75(2)
a: replace Notwithstanding anything to the contrary in this Act or in the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954, if If
b: replace a benefit (other than an unsupported child's benefit or an orphan's benefit) a main benefit under this Act
c: replace shall not be affected is, despite anything to the contrary in this Act, unaffected
5: In section 75(3) (other than a person in receipt of, or entitled to receive, a veteran's pension or a person who is a resident assessed as requiring care (as defined in section 136) in respect of whom a funder (as defined in that section) is paying some or all of the cost of contracted care services (as defined in that section) under section 141 or section 142)
6: In section 75(5) any benefit a main benefit under this Act
7: Repeal section 75(8)
8: In section 117(1)(a)(i) the person's benefit (unless it is not a main benefit under this Act)
9: In section 117(1)(a)(ii) the person's benefit (unless it is not a main benefit under this Act)
10: In section 117(1)(b) the person's benefit (unless it is not a main benefit under this Act)
11: In section 117(1)(c) benefit person's benefit (unless it is not a main benefit under this Act)
12: In section 117(2) whose benefit whose main benefit under this Act
13: In section 117(2)(a) benefit main benefit under this Act
14: In section 117(2)(b) a benefit a main benefit under this Act
15: After section 119(1)
1A: Subsections (1)(a) and (ab) and (3) apply only to 1 or more main benefits under this Act.
16: In section 121 a benefit a main benefit under this Act
17: In section 123(1)(a) a benefit a main benefit under this Act
18: In section 123(3) a benefit a main benefit under this Act
19: In section 123A(1) a benefit a main benefit under this Act
20: In section 123B(2)(b) a benefit a main benefit under this Act
21: In section 123B(3) a benefit a main benefit under this Act
22: In sections 173(2)(a) 174(2)(a) any benefit a main benefit under this Act
23: In sections 173(2)(b) 174(2)(b) a benefit a main benefit under this Act
24: In Schedule 18 base rate
25: In Schedule 18 base rate
26: In Schedule 22 a benefit (other than New Zealand superannuation, a veteran's pension, an orphan's benefit, or an unsupported child's benefit) a main benefit under this Act
27: In Schedule 22 Reorganising headings and relocating section 53A
62: Amendments to make clearer principal Act's structure
The principal Act is amended in the manner indicated in Part 1 of Schedule 2
2: Consequential amendments, and transitional and savings provisions
Overview
63: Overview of Part
1: This Part Part 1
2: In particular, this Part
a: changes legislative references to reflect the new benefit categories; and
b: provides for transfers from existing benefits to new benefits ( see sections 139 140 section 3C Schedule 32
c: makes consequential amendments related to substantive amendments making clearer the principal Act's structure ( see sections 137 138 Parts 2 3 Consequential amendments: work-test couple rate
64: Consequential amendments to principal Act
1: In section 3(1) work-tested spouse or partner married couple
2: In section 3(1) work-tested spouse or partner work-tested married work-test couple
3: In section 3(5) married couple
4: In section 60H(2)(b) married couple
5: In section 61A(1)(a) and (1A) married couple
6: In section 120(1), (1A), and (2) married couple
65: Consequential amendments to other enactments
1: In the Accident Compensation Act 2001, section 252(5) married couple
2: In the Child Support Act 1991, section 30(3) and (4)(a) married couple
3: In the Child Support Act 1991, section 30(5) gross married rate of invalid's benefit married couple
4: In the Child Support Act 1991, section 30(5) gross married rate of unemployment benefit married couple 2013-07-15 Accident Compensation Act 2001 See section 65(1) 2013-07-15 Child Support Act 1991 See section 65(2)-(4) Consequential amendments: status of examples
66: Consequential amendments to enactments made under principal Act
The following are consequentially revoked:
a: regulation 3A
b: regulation 5 2013-07-15 Social Security (Long-term Residential Care) Regulations 2005 See section 66(a) 2013-07-15 Social Security (Temporary Additional Support) Regulations 2005 See section 66(b) Consequential amendments: pre-benefit activities
67: Section 11D amended (Application process for benefits)
In section 11D(12 section 96A sections 11E, 11G, and 11H
68: Section 132J amended (Regulations stating pre-benefit activities)
In section 132J(1) section 96A sections 11E, 11G, and 11H
69: Social Security (Pre-benefit Activities) Regulations 2012 amended
1: This section amends the Social Security (Pre-benefit Activities) Regulations 2012
2: In regulation 3 section 96A(13) section 11E(3) 2013-07-15 Social Security (Pre-benefit Activities) Regulations 2012 Consequential amendments: Sole parent support
70: Section 3 amended (Interpretation)
1: In section 3(1) income-tested benefit
2: In section 3(1) part-time work-tested beneficiary
3: In section 3(1) work-tested beneficiary
4: In section 3(1) work-tested benefit
a: replace a work-tested domestic purposes beneficiary, a work-tested sole parent support beneficiary,
b: delete or a work-tested widow's beneficiary,
5: In section 3(1) work-tested benefit a domestic purposes benefit under section 27B or 27C; and sole parent support under section 20D
6: In section 3(1) work-tested benefit
7: In section 3(1) work-tested domestic purposes beneficiary
8: In section 3(1) work-tested sole parent support beneficiary
a: who has been granted sole parent support under section 20D
b: whose youngest dependent child is aged 5 years or older .
9: In section 3(1) work-tested widow's beneficiary section 33(5)
71: Section 60GAE amended (Beneficiaries having additional dependent child: general)
1: In section 60GAE(1)(a) section 39 a widow's benefit,
2: In section 60GAE(2) work-tested domestic purposes beneficiary work-tested sole parent support beneficiary
3: In section 60GAE(2) , and work-tested widow's beneficiary
72: Section 60Q amended (Certain obligations may be placed on beneficiaries and their spouses and partners)
1: In section 60Q(1)(a) section 40 a benefit under section 21 (the widow's benefit) a benefit under section 20D
2: Repeal section 60Q(1)(b)
73: Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
In section 61(1) a domestic purposes benefit, a widow's benefit, sole parent support,
74: Section 70A amended (Rates of benefits for sole parents may be reduced)
Replace section 70A(1)(b)(i) and (ii)
i: sole parent support under section 20D .
75: Section 74AA amended (Residential requirements for certain benefits)
In section 74AA(2)
a: delete a domestic purposes benefit,
b: replace a widow's benefit sole parent support
76: Section 80B amended (Interpretation)
In section 80B income
ac: the amount of any sole parent support received by the person: .
77: Section 82 amended (Payment of benefits)
In section 82(2A) , and a widow's benefit
78: Section 162 amended (Youth payment: continuation after age 18)
Replace section 162(2)(a) and (b)
a: sole parent support: .
79: Section 168 amended (Young parent payment: continuation after age 19)
Replace section 168(2)(a) and (b
a: sole parent support: .
80: Schedule 3 amended
1: In the Schedule 3 ss 21, 24 s 3C
2: In the Schedule 3 Rates of widows' benefits Rates of generally abolished former widows' benefits under section 21 as saved by clause 3 of Schedule 32 for reciprocity agreement applicants or recipients
81: New Schedule 3A inserted
1: After Schedule 3 Schedule 3A Schedule 1
2: In section 3(1) dependent child 3, 3A
3: In section 61H(1)(d) 3, 3A
4: In section 61HA(2) 3, 3A
82: Schedule 10 amended
1: In the heading to Schedule 10 New Zealand Superannuation payable under section 16, invalids', widows', domestic purposes, and sickness stated
2: In Schedule 10 in any other case in the case of New Zealand Superannuation, supported living payment on the ground of sickness, injury, disability, or total blindness, or sole parent support
83: Schedule 16 amended
1: In the Schedule 16 ss 27B, 27C, 27H s 3C
2: In the Schedule 16 Rates of domestic purposes benefits Rates of generally abolished former DPB for solo parents under section 27B as saved by clause 3 of Schedule 32 for reciprocity agreement applicants or recipients
84: Schedule 18 amended
In Schedule 18 a widow's benefit or a domestic purposes benefit sole parent support
85: Other consequential amendments to principal Act
1: In the following provisions, replace a domestic purposes benefit sole parent support
a: section 3(1) income-tested benefit
b: section 60GAE(1)(a) section 39
c: section 80(5)(b)
d: section 82(2A)
2: In the following provisions, replace domestic purposes beneficiary sole parent support beneficiary
a: section 3(1) part-time work-tested beneficiary
b: section 3(1) work-tested benefit
3: In section 3(1) work-tested beneficiary section 33(2) domestic purposes beneficiary; or sole parent support beneficiary
4: In the following provisions, replace a widow's benefit, a domestic purposes benefit, sole parent support,
a: section 61E(1) beneficiary
b: section 66(1)
c: section 69C(1)(a)
d: section 80(2)(b)
5: In section 80(14)(a) a widow's benefit, a domestic purposes benefit, sole parent support,
86: Consequential amendments to other enactments
The enactments specified in Schedule 3 2013-07-15 Child Support Act 1991 Income Tax Act 2007 Minimum Wage Act 1983 Rates Rebate Act 1973 Health Entitlement Cards Regulations 1993 Social Security (Debt Recovery Suspension) Regulations 2007 Social Security (Exemptions under Section 105) Regulations 1998 Social Security (Period of Income Assessment) Regulations 1996 Social Security (Temporary Additional Support) Regulations 2005 Social Welfare (Reciprocity with Canada) Order 1996 Social Welfare (Reciprocity with Denmark) Order 1997 Social Welfare (Reciprocity with Ireland) Order 1993 Social Welfare (Reciprocity with Jersey and Guernsey) Order 1995 Social Welfare (Reciprocity with the Hellenic Republic) Order 1993 Social Welfare (Reciprocity with the Netherlands) Order 2003 Social Welfare (Reciprocity with the United Kingdom) Order 1990 Student Allowances Regulations 1998 Consequential amendments: supported living payment benefit
87: Section 3(1) amended (Interpretation)
1: In section 3(1) work-test married rate 42(2) 40I(5)
2: In section 3(1) work-tested spouse or partner 42(2) 40I(5)
88: Section 39A amended (Child disability allowance)
In section 39A(1) 39F 39E
89: Section 43 amended (Subsidy on earnings of blind beneficiaries)
In section 43 section 42 section 40I
90: Section 70A amended (Rates of benefits for sole parents may be reduced)
Replace section 70A(1)(b)(iii)
iii: a supported living payment on the ground of sickness, injury, disability, or total blindness, under section 40B .
91: Section 80 amended (Commencement of benefits)
In section 80(5)(ca)(i), replace congenital defect existing from birth
92: Section 80B amended (Interpretation)
In section 80B income
ad: the amount of any supported living payment received by the person: .
93: Section 157 amended (Interpretation)
1: In section 157 specified beneficiary
2: In section 157 specified beneficiary invalid's benefit supported living payment
94: Schedule 6 amended
1: In the Schedule 6 invalids' supported living payment
2: In the Schedule 6 ss 42, 43 ss 40I, 40J
3: In Schedule 6 children) receiving a supported living payment under section 40B
4: In Schedule 6 (h) To a beneficiary (with or without dependent children) receiving a supported living payment under section 40D $214.79 a week, subject to Income Test 1
5: In Schedule 6 invalid beneficiary
6: In Schedule 6 3 Despite paragraphs (e), (g), and (h)
95: Schedule 17 repealed
1: Repeal Schedule 17
2: In section 61H(1)(d) 17 to 18,
3: In section 61HA(2) 17,
96: Other consequential amendments to principal Act
1: In the following provisions, replace an invalid's benefit a supported living payment
a: section 3(1) income-tested benefit
b: section 3(1) work-test married rate
c: section 3(1) work-tested benefit section 33(2)
d: section 3(1) work-tested spouse or partner
e: section 43 section 40J section 19(1)
f: section 60GAE(1)(a) section 39
g: section 60Q(1)(c)(i) section 40
h: section 61(1)
i: section 61E(1) beneficiary
j: section 66(1)
k: section 69C(1)(a)
l: section 74AA(2)
m: section 77(4)(b)
n: section 80(2)(b), (5)(b), and (14)(b)
o: section 82(2A)
p: Schedule 30
2: In the following provisions, replace “an invalid's benefit” with “a supported living payment on the ground of sickness, injury, disability, or total blindness”:
a: section 12J(2)(a)
b: section 69C(5)(a)
c: section 72(b)
d: section 80(5)(ca)
3: In section 80(5)(ca)(ii) on the grounds or a supported living payment (in either case) on the ground
97: Consequential amendments to other enactments
The enactments specified in Schedule 4 2013-07-15 Accident Compensation Act 2001 Child Support Act 1991 Income Tax Act 2007 Minimum Wage Act 1983 New Zealand Superannuation and Retirement Income Act 2001 Rates Rebate Act 1973 Health Entitlement Cards Regulations 1993 Social Security (Debt Recovery Suspension) Regulations 2007 Social Security (Exemptions under Section 105) Regulations 1998 Social Security (Invalid's Benefit) Regulations 1998 Social Security (Period of Income Assessment) Regulations 1996 Social Security (Temporary Additional Support) Regulations 2005 Social Welfare (Reciprocity with Australia) Order 2002 Social Welfare (Reciprocity with Canada) Order 1996 Social Welfare (Reciprocity with Denmark) Order 1997 Social Welfare (Reciprocity with the Hellenic Republic) Order 1993 Social Welfare (Reciprocity with Ireland) Order 1993 Social Welfare (Reciprocity with Jersey and Guernsey) Order 1995 Social Welfare (Reciprocity with the Netherlands) Order 2003 Social Welfare (Reciprocity with the United Kingdom) Order 1990 Student Allowances Regulations 1998 Taxation (Abated Interim Payments of subparts MA to MF and MZ Credit) Regulations 2002 Consequential amendments: repeal of section 60HA
98: Consequential amendments to principal Act and to regulations made under it
1: In section 3(1) work preparation exercise
2: In section 105(1) or from complying with section 60HA
3: In the heading to section 123 section 60HA or
4: In section 123(1)(b)(ia a request under section 60HA or
5: In section 123(1)(b)(ii) or an exemption from complying with section 60HA
6: In section 123B(5)(a) a request under section 60HA or
7: In section 123B(5)(b) section 60HA or
8: In section 123D(a) or the obligation to comply with section 60HA
9: In the Social Security (Exemptions under Section 105) Regulations 1998, revoke regulation 3 Consequential amendments: sickness benefit abolished
99: Section 3 amended (Interpretation)
1: In section 3(1) income-tested benefit
2: In section 3(1) part-time work-tested beneficiary
b: a person who is granted jobseeker support on the ground of sickness, injury, or disability and who, under section 88F(4) .
3: In section 3(1) work-tested beneficiary section 33(2)
a: who is granted jobseeker support (other than jobseeker support on the ground of sickness, injury, or disability); or
aa: who is granted jobseeker support on the ground of sickness, injury, or disability, and who, under section 88F(4) .
4: In section 3(1) work-tested beneficiary
5: In section 3(1) work-tested benefit , a work-tested sickness beneficiary, or a beneficiary receiving jobseeker support on the ground of sickness, injury, or disability who is not, under section 88F(4)
6: In section 3(1) work-tested benefit a sickness benefit, an emergency benefit, and an emergency benefit and
7: In section 3(1) work-tested benefit
8: In section 3(1) work-tested sickness beneficiary
9: In section 3(1) work-tested spouse or partner , a sickness benefit,
100: Section 12J amended (Rights of appeal)
In section 12J(2)(e) a sickness benefit jobseeker support on the ground of sickness, injury, or disability
101: Section 60H amended (Voluntary unemployment or loss of employment through misconduct, etc)
Replace section 60H(2)(ab)
ab: a person who is an applicant for jobseeker support on the ground of sickness, injury, or disability if, on the grant of that benefit, the chief executive would be able to determine, under section 88F(2) .
102: Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
In section 61(1A) a sickness benefit under section 54A or
103: Section 66 amended (Exemption of income from friendly or like society)
In section 66(1) a sickness benefit jobseeker support on the ground of sickness, injury, or disability
104: Section 70A amended (Rates of benefits for sole parents may be reduced)
Repeal section 70A(1)(b)(iv)
105: Section 72 amended (Limitation where applicant receiving another benefit or war pension)
In section 72(b) a sickness benefit jobseeker support on the ground of sickness, injury, or disability
106: Section 80 amended (Commencement of benefits)
1: In section 80(5)(c) the benefit is a sickness benefit the benefit is jobseeker support on the ground of sickness, injury, or disability
2: In section 80(5)(c)(ii) a community wage or jobseeker support (in either case)
3: In section 80(14)(a) a sickness benefit jobseeker support on the ground of sickness, injury, or disability
107: Section 102 amended (Application of work test)
Replace section 102(1)
1: The work test applies to a person while he or she is a work-tested beneficiary, and unless subsection (2) applies, the person is subject to the obligations of the work test set out in section 102A from,—
a: in the case of a person granted jobseeker support on the ground of sickness, injury, or disability, the date specified in the chief executive's notice under section 88F(4)
b: in any other case, the date on which the work-tested benefit is first paid.
108: Section 157 amended (Interpretation)
In section 157 specified beneficiary sickness benefit,
109: Section 162 amended (Youth payment: continuation after age 18)
Repeal section 162(2)(c)
110: Section 168 amended (Young parent payment: continuation after age 19)
Repeal section 168(2)(c)
111: Schedule 9 amended
In the Schedule 9 and sickness benefits
112: Schedule 10 amended
In Schedule 10 a sickness benefit jobseeker support on the ground of sickness, injury, or disability
113: Other consequential amendments to principal Act
1: In the following provisions, delete or a sickness benefit
a: section 3(1) work-test married rate
b: section 61(1)
c: section 61E(1) beneficiary
d: section 69C(1)(a) and (5)(a)
2: In the following provisions, delete a sickness benefit,
a: section 60GAE(1)(a) section 39
b: section 60Q(1)(c)(i) section 40
c: section 74AA(2)
d: section 80(5)(b)
e: section 82(2A)
3: In section 80(2)(b) a sickness benefit jobseeker support on the ground of sickness, injury, or disability
114: Consequential amendments to other enactments
The enactments specified in Schedule 5 2013-07-15 Child Support Act 1991 Education Act 1989 Income Tax Act 2007 Social Security (Debt Recovery Suspension) Regulations 2007 Social Security (Exemptions under Section 105) Regulations 1998 Social Security (Sickness Benefit—Medical Examinations) Regulations 2010 Social Security (Temporary Additional Support) Regulations 2005 Social Welfare (Reciprocity with Jersey and Guernsey) Order 1995 Social Welfare (Reciprocity with the United Kingdom) Order 1990 Student Allowances Regulations 1998 Consequential amendments: social obligations of certain beneficiaries with dependent children
115: Section 123 amended (Effect of ceasing to be subject to obligation to comply with section 60HA or work test or section 170 or 171)
1: In the heading to section 123 171 , social obligation, or work preparation obligation
2: In section 123(1)(a) suspended or reduced
3: In section 123(2)(a) suspension or reduction
4: After section 123(3)
3A: A sanction imposed on a person under section 117 (as applied by sections 60RC(1) and 116B(1)(b) section 60RA(3) section 60RA(3)
3B: A sanction imposed on a person under section 117 (as applied by section 116B(1)(c)
116: Section 132AC amended (Regulations relating to childcare assistance)
After section 132AC(1)
5: Regulations under this section that define the term approved early childhood education programme for the purposes of all or specified provisions of those regulations also define that term for the purposes of sections 60RA(3)
117: Section 170 amended (Youth support payments: obligations)
In section 170(2)(c) in regulations under this Act for the purposes of this paragraph in regulations under section 132AC Consequential amendments: expiry and re-grant of specified benefits
118: Section 117 amended (Sanctions that may be imposed for failures)
Replace section 117(4)
4: If a person's specified benefit (as defined in section 80BE(5) section 80BF
119: Section 119 amended (Calculation of failure rate)
In section 119(3A)
a: replace an unemployment a specified
b: replace section 99AA section 80BE
c: replace section 99AB section 80BF Consequential amendments: jobseeker support
120: Cross-headings above sections 58 and 59B repealed
Repeal the cross-headings above sections 58 59B
121: Section 61 amended (Chief executive may grant emergency benefit in cases of hardship)
In section 61(1A) section 90 section 88C
122: Section 80B amended (Interpretation)
In section 80B income
ae: the amount of any jobseeker support received by the person: .
123: Section 82 amended (Payment of benefits)
In section 82(2A) , an unemployment benefit and jobseeker support
124: New cross-heading above section 88A inserted
After the Part 2 Definitions of terms in this Part .
125: Section 99A repealed (Transfer from community wage to unemployment benefit on 1 July 2001)
Repeal section 99A
126: Section 105 amended (Exemption from obligations)
In section 105(5A) granted an exemption who is, or is deemed to be, granted an exemption under this section
127: Schedule 9 amended
1: In the Schedule 9 unemployment benefits jobseeker support
2: In the Schedule 9 ss 60JA, 99 ss 3C, 88M
3: In Schedule 9 section 99(4) section 88M(4)
128: Other consequential amendments to principal Act
1: In the following provisions, replace an unemployment benefit jobseeker support
a: section 3(1) income-tested benefit
b: section 3(1) work-test married rate
c: section 3(1) work-tested benefit section 33(2)
d: section 3(1) work-tested spouse or partner
e: section 60GAE(1)(a) section 39
f: section 60Q(1)(c)(i) section 40
g: section 61(1)
h: section 61(1A)
i: section 61E(1) beneficiary
j: section 69C(1)(a) and (5)(a)
k: section 70A(1)(b)(v)
l: section 74AA(2)
m: section 80(5)(b)
n: section 162(2)(e)
o: section 168(2)(e)
p: Schedule 18
2: In the following provisions, replace unemployment benefit jobseeker support
a: section 157 specified beneficiary
b: Schedule 18 base rate
129: Consequential amendments to other enactments
The enactments specified in Schedule 6 2013-07-15 Child Support Act 1991 Education Act 1989 Income Tax Act 2007 Minimum Wage Act 1983 Social Security (Debt Recovery Suspension) Regulations 2007 Social Security (Temporary Additional Support) Regulations 2005 Social Welfare (Reciprocity with the United Kingdom) Order 1990 Student Allowances Regulations 1998 Consequential amendments: review of benefits
130: Section 11D amended (Application process for benefits)
In section 11D(6) section 81(3) and (4) Consequential amendments: sanctions
131: Section 102A amended (Work test obligations)
1: In section 102A(1)(g) requires; and requires.
2: Repeal section 102A(1)(h)
3: In section 102A(3) (whether or not it is included in a job seeker agreement that continues to apply to him or her under subsection (1)(h))
4: Repeal section 102A(4)
132: Section 117 amended (Sanctions that may be imposed for failures)
In section 117(1) section 115 or section 116A section 116B
133: Section 119 amended (Calculation of failure rate)
In section 119(2) section 115 or section 116A section 116B
134: Section 122 amended (Meaning of recompliance)
In section 122 section 115, or section 116A section 116B
135: Section 171 amended (Obligations of spouses and partners of specified beneficiaries)
In section 171(3)(b) section 116A section 116B Effect on benefit of warrant to arrest beneficiary: information matching
136: Privacy Act 1993 amended
1: This section amends the Privacy Act 1993
2: In Schedule 3 Social Security Act 1964 and 126AB , 126AB, and 126AC 2013-07-15 Privacy Act 1993 Consequential amendments: reorganising headings and relocating section 53A
137: Consequential amendments to principal Act
The principal Act is amended in the manner indicated in Part 2
138: Consequential amendments to other enactments
The enactments specified in Part 3 2013-07-15 Income Tax Act 2007 Legal Services Act 2011 Transitional and savings provisions
139: New section 3C inserted (Transitional and savings provisions relating to amendments to this Act)
After section 3 section 3B section 7
3C: Transitional and savings provisions relating to amendments to this Act
Schedule 32
140: New Schedule 32 inserted
After Schedule 31 Schedule 32 Schedule 7 |
DLM5623200 | 2013 | Legislation Amendment Act 2013 | 1: Title
This Act is the Legislation 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 Legislation Act 2012 principal Act 2013-12-05 Legislation Act 2012
4: Schedule amended
1: This section amends the Schedule
2: Replace the item relating to the Biosecurity Act 1993 Schedule
3: Repeal the item relating to the Military Manoeuvres Act 1915 |
DLM5301304 | 2013 | Property (Relationships) Amendment Act 2013 | 1: Title
This Act is the Property (Relationships) 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)
3: Principal Act
This Act amends the Property (Relationships) Act 1976 principal Act 2014-07-15 Property (Relationships) Act 1976 see section 2(1) This Act or parts of this Act can come into force earlier by OIC.
4: Court may appoint lawyer for children
Section 37A(3) and (4)
5: Transitional provisions relating to reimbursement of costs of court-appointed counsel
1: Section 37A(3) and (4) section 4 section 4
2: This subsection applies to—
a: any order made under section 37A(3) section 4
b: any order made, after that commencement, under section 37A(3) subsection (1)
3: Despite subsection (1) subsection (2) section 37A(4) subsection (1) |
DLM5709322 | 2013 | Mines Rescue Act 2013 | 1: Title
This Act is the Mines Rescue Act 2013.
2: Commencement
This Act comes into force on 16 December 2013.
3: Purpose
1: The purpose of Part 1
2: The purpose of Part 2
4: Interpretation
1: In this Act authorised person section 13 board section 7 chief executive coal clause 1 department Act emergency response protocol section 19 financial year GST Goods and Services Tax Act 1985 incident controller section 20(1) licence or other permission mine operator
a: in respect of a mining operation carried out under a permit granted under the Crown Minerals Act 1991
i: the person appointed by the permit operator to manage and control the mining operation; or
ii: the permit operator, if no such person has been appointed:
b: in respect of a mining operation (not being a mining operation described in paragraph (a)) carried out under a licence or other permission,—
i: the person appointed to manage and control the mining operation by the person who holds the licence or other permission to carry out mining operations; or
ii: the person who holds the licence or other permission to carry out mining operations, if no such person has been appointed:
c: in any other case,—
i: the person appointed to manage and control the mining operation by the owner of the land where the mining operation is being carried out; or
ii: the owner of the land where the mining operation is being carried out, if no such person has been appointed mine worker mineral clause 1 mines rescue brigade Minister Act rescue station
a: means a site that serves as an operational base for the functions specified in section 8(a) to (c)
b: includes a site for the management and administration of the board tourist mining operation clause 1 WorkSafe section 5 WorkSafe New Zealand Act 2013
2: In Part 1 mining operation
a: means a mining operation (within the meaning of clause 2
i: associated with the extraction of coal; or
ii: associated with the extraction of minerals and where any person works below ground; but
b: only includes a tunnelling operation (within the meaning of clause 4
c: does not include a tourist mining operation.
3: In Part 2 emergency mining operation
a: means a mining operation (within the meaning of clause 2
b: only includes a tunnelling operation (within the meaning of clause 4
c: does not include a tourist mining operation. Section 4(1) coal amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 4(1) mineral amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 4(1) tourist mining operation amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 4(2) mining operation amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 4(2) mining operation amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 4(3) mining operation amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 4(3) mining operation amended 4 April 2016 section 232 Health and Safety at Work Act 2015
5: Act binds the Crown
This Act
6: Provisions affecting application of amendments to this Act
The Schedule see section 25
1: Mines Rescue Trust Board
7: Mines Rescue Trust Board
1: Subject to sections 8 9 Gazette Part 2 Act
2: The notice must specify a day on which the recognition is to take effect (the appointed day
8: Functions of board
The Minister must be satisfied that the board has the following functions:
a: providing training, equipment, and resources for mines rescue brigades to ensure that the brigades have the capacity and readiness to respond to emergencies in mining operations; and
b: assisting mine operators in emergency preparedness, including by developing, reviewing, and testing mine operators’ emergency management plans in mining operations; and
c: deploying mines rescue brigades and other resources, and providing advice to mine operators, during emergencies; and
d: for the purposes of performing the functions in paragraphs (a) to (c),—
i: establishing and maintaining rescue stations; and
ii: purchasing real property, goods, and services for rescue stations; and
iii: employing or engaging staff for rescue stations.
9: Membership of board
The Minister must be satisfied that the board comprises—
a: 1 person appointed by WorkSafe (who has no voting rights and is not counted for the purposes of determining whether or not a quorum is present at a meeting of the board); and
b: 2 people who represent mine operators of underground coal mines; and
c: 1 person who represents mine operators of opencast coal mines; and
d: 1 person who represents mine operators of underground metalliferous mines; and
e: 1 person who represents tunnelling operators; and
f: 1 person appointed by a union (within the meaning of the Employment Relations Act 2000
g: any other person appointed by the board. Cost recovery
10: Regulations imposing levies
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the payment of a levy by mine operators to the board to enable the recovery of the direct and indirect costs of the board incurred in performing the functions specified in section 8(a), (b), and (d)
2: The regulations must—
a: specify how the levy rate or rates are calculated:
b: specify the mine operators or classes of mine operators responsible for paying the levy:
c: specify, if the levy is to be paid at different rates, the mine operators, mining operations, thing being extracted, or other things or the classes of mine operators, mining operations, thing being extracted, or other things to which the different rates apply:
d: specify when and how the levy is to be paid:
e: specify the persons or classes of persons, if any, exempt from paying the levy.
3: The regulations may specify how the levy rate or rates are calculated by specifying a formula for the calculation of the levy rate or rates (a levy formula
4: The levy formula may include a variable or variables based on the direct and indirect costs that the board expects to incur in performing the functions specified in section 8(a), (b), and (d) expected costs
5: If the regulations specify a levy formula that includes a variable or variables based on the expected costs, the board must, before the start of each financial year,—
a: determine the expected costs for that financial year; and
b: notify the expected costs—
i: in the Gazette
ii: on an Internet site free of charge; and
iii: directly to each mine operator known to the board (together with the levy rate payable by the mine operator for that financial year).
6: The regulations may—
a: specify the returns to be made to the board or some other person or body for the purpose of enabling or assisting the determination of amounts of levy payable:
b: specify the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for paying the levy:
c: specify a method by which the levy may increase or decrease over time to reflect a relevant index published by Statistics New Zealand:
d: for the purpose of ascertaining whether the regulations are being complied with,—
i: require the keeping of accounts, statements, and records of a specified class or description by either or both of the board and the persons responsible for paying the levy; and
ii: require the retention of the accounts, statements, and records for a specified period:
e: provide for the establishment of a dispute resolution process for disputes relating to levies, including—
i: the appointment of persons to resolve the disputes; and
ii: the procedures to be followed by the persons; and
iii: the remuneration of the persons.
7: If, for a financial year, the amount of levy that has been paid to the board exceeds the board’s direct and indirect costs in performing the functions specified in section 8(a), (b), and (d)
8: Before making a recommendation under subsection (1), the Minister must consult the board and the persons responsible for paying the levy.
9: Before determining the expected costs under subsection (5)(a), the board must consult the persons responsible for paying the levy.
10: Regulations under this section are secondary legislation ( see Part 3 2012 No 2 s 62 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 10(10) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
11: Board to account for levy
1: As soon as practicable after the end of a financial year in which a levy has been paid to the board, the board must prepare the following for the year:
a: a statement of the money paid to the board as levy in the year:
b: a statement of the assets the board has at the end of the year as a result of money paid as levy in the year, including any reserve held under section 10(7)
c: a statement of the board's receipt and expenditure of money paid as levy in the year, including expenditure of any reserve held under section 10(7)
d: all other statements necessary to show fully—
i: the board's financial position as a result of money paid as levy in the year; and
ii: the financial results of all of the board's activities involving the use of the money paid as levy in the year or the use of assets the board has at the end of the year as a result of money paid as levy in the year.
2: If, under section 10(5)(a)
3: On or before 1 July after the end of a financial year, the board must—
a: ensure that the statements are independently audited; and
b: provide the audited statements to the chief executive and to levy payers.
4: The board may provide the audited statements to levy payers by making them available on an Internet site free of charge. 2012 No 2 s 63
12: Failure to pay levy
1: This section applies if a levy imposed by regulations made under section 10
2: The person responsible for paying the levy is liable to pay an additional amount equal to 10% of the amount unpaid.
3: The board may waive all or part of the amount of the additional amount if it is satisfied that the failure or refusal of a person to pay the original debt is a result of a genuine dispute as to the person's liability to pay the debt.
4: The board may recover a levy, and any additional amount payable under subsection (2), as a debt due in a court of competent jurisdiction. 2012 No 2 s 65
13: Power of inspection in relation to levy
1: An authorised person may exercise the powers specified in this section, at any reasonable time within business hours, for the purpose of ascertaining whether the requirements of any regulations relating to the levy are being met.
2: For the purposes of subsection (1), an authorised person has the power to—
a: enter any place that is not a dwelling house or marae—
i: on reasonable notice to the occupier; or
ii: without notice if giving notice would defeat the purpose of entry:
b: inspect and examine any books, accounts, records, or documents:
c: require any person to provide any information:
d: require a person to produce any books, accounts, records, or documents in the person's possession or control and allow copies of or extracts from them to be made or taken:
e: require a person to reproduce, or assist the authorised person to reproduce, in usable form any information recorded or stored electronically.
3: An authorised person exercising powers under this section in respect of a place must identify himself or herself as an authorised person—
a: before or on entry to the place; and
b: whenever reasonably required to do so by the apparent occupier after entry. 1992 No 97 s 8
14: Offences
1: Subsection (2) applies to—
a: any requirement to make returns or to keep accounts, statements, or records imposed by regulations made under section 10
b: a requirement under section 13(2)
2: A person must not, in relation to the requirement,—
a: without reasonable excuse, refuse or fail to comply with the requirement:
b: provide any information that the person knows, or ought to know, is materially false or misleading.
3: A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $2,000.
4: If a person contravenes subsection (2) while acting as an agent (including a contractor) or employee of another person (the principal 1992 No 97 s 9
15: Recovery of costs incurred in emergency
1: This section applies to direct and indirect costs incurred by the board in performing the function specified in section 8(c)
2: The costs are payable to the board by the mine operator of the mining operation where the emergency occurs and, if the mine operator fails to pay the costs, the board may recover the costs as a debt due in a court of competent jurisdiction.
3: Sections 10 to 14 Miscellaneous provisions
16: Appointment of commissioner
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: appoint a commissioner to perform the functions specified in section 8
b: revoke the commissioner's appointment.
2: The Minister must not recommend the making of an order appointing a commissioner unless the Minister is satisfied, on reasonable grounds, that the board is not performing the functions specified in section 8
3: The Minister may recommend the making of an order revoking the appointment of a commissioner only if satisfied, on reasonable grounds, that—
a: the board is able to perform its functions without substantial difficulties; or
b: it is necessary to appoint a new commissioner.
4: While an order is in force under subsection (1)(a),—
a: the commissioner has the functions specified in section 8
b: the board must not perform the functions. 1992 No 97 s 6
17: Protection from civil and criminal liability
1: This section applies to the following persons:
a: a member of a mines rescue brigade:
b: a member of the board:
c: an employee of the board:
d: an agent of the board.
2: The person is protected from civil and criminal liability for any act done in good faith that the person does or omits to do in the course of—
a: providing rescue services during an emergency at a mining operation:
b: providing advice to a mine operator during an emergency at a mining operation:
c: testing a mine's emergency management plan.
18: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring mine operators to make mine workers available to be members of mines rescue brigades.
2: Regulations made under this section may specify—
a: the number of mine workers a mine operator must make available and the extent to which a mine operator must make mine workers available; and
b: any other matter that is necessary to give effect to paragraph (a).
3: The number of mine workers a mine operator must make available and the extent to which the mine workers must be made available may be specified by a formula that takes into account the total number of mine workers working in the mining operation.
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 18(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Emergency response
19: Emergency response protocol
1: WorkSafe must issue an emergency response protocol that describes—
a: the persons and agencies that will respond to an emergency at a mining operation; and
b: key functions, duties, and roles under the protocol.
2: WorkSafe may issue amendments to the emergency response protocol, following consultation with the persons and agencies that will have functions and duties under the protocol.
3: WorkSafe must ensure that the emergency response protocol is, at all reasonable times, made available to the public for inspection free of charge on an Internet site maintained by, or on behalf of, WorkSafe.
20: Appointment of incident controller
1: If an emergency occurs at a mining operation, WorkSafe may appoint an incident controller.
2: The incident controller may be any person that WorkSafe considers, having regard to the nature of the emergency, is capable of performing the functions described in subsection (3).
3: The functions of the incident controller are,—
a: in accordance with the emergency response protocol, to lead decision making about the emergency response, including decision making about—
i: whether any rescue operation should be undertaken and how the rescue operation should be undertaken:
ii: whether any recovery operation should be undertaken and how the recovery operation should be undertaken:
iii: the resources to be deployed to support rescue or recovery operations; and
b: to give directions to persons and agencies in order to give effect to decisions made in accordance with the emergency response protocol about the emergency response; and
c: in accordance with the emergency response protocol, to co-ordinate the activities of—
i: persons and agencies undertaking or supporting any rescue or response operation:
ii: other agencies providing emergency services, including, if relevant, fire and ambulance services, the New Zealand Police, and the board.
4: In performing his or her functions, the incident controller must consult other relevant persons or agencies, including the persons and agencies described in subsection (3)(c).
21: Mine operator, site senior executive, and mine worker must comply with incident controller's directions
1: The following persons must comply with any reasonable direction of the incident controller:
a: a mine operator:
b: a site senior executive:
c: a mine worker.
2: Any person described in subsection (1) who, without reasonable excuse, fails or refuses to comply with a reasonable direction of the incident controller commits an offence and is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $50,000.
22: Resisting or obstructing incident controller
Any person who wilfully obstructs or resists the incident controller in the performance of the functions specified in section 20(3)
a: in the case of an individual, to a term of imprisonment not exceeding 3 months or to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $50,000.
23: Functions, duties, and powers of emergency services not affected
1: Subsection (2) applies to the following agencies and services:
a: fire and ambulance services:
b: the New Zealand Police:
c: the board:
d: WorkSafe.
2: Nothing in this Part affects the functions, duties, or powers of an agency or service, or any person acting for or on behalf of an agency or service.
24: Protection from civil and criminal liability
1: This section applies to the following persons:
a: the incident controller:
b: any person advising the incident controller:
c: any person acting under the direction of the incident controller.
2: The person is protected from civil and criminal liability for any act done in good faith that the person does or omits to do in the course of responding to an emergency at a mining operation.
25: Application, savings, and transitional provisions
The application, savings, and transitional provisions set out in the Schedule
26: Repeal of Mines Rescue Trust Act 1992
Repeal the Mines Rescue Trust Act 1992 2013-12-16 Mines Rescue Trust Act 1992 |
DLM5160600 | 2013 | Local Government (Auckland Council) Amendment Act 2013 | 1: Title
This Act is the Local Government (Auckland Council) Amendment Act 2013.
2: Commencement
This Act comes into force on 1 November 2013.
3: Principal Act
This Act amends the Local Government (Auckland Council) Act 2009 principal Act 2013-11-01 Local Government (Auckland Council) Act 2009
4: Section 31 amended (Delegations)
1: Replace the heading to section 31 Delegations to local boards from governing body
2: Replace section 31(4) to (7)
4: A local board to which the governing body has delegated a responsibility, duty, or power may, without confirmation by the governing body, exercise or perform the responsibility, duty, or power in the same manner and with the same effect as the governing body could itself have exercised or performed it.
5: No delegation under this section relieves the governing body of the liability or legal responsibility to perform or ensure the performance of any responsibility or duty.
5: New section 31A inserted (Delegations by local boards)
After section 31
31A: Delegations by local boards
1: For the purposes of efficiency and effectiveness in the conduct of a local board's business, a local board may delegate to a committee, subcommittee, or member of the local board, or an officer of the Auckland Council, any of its responsibilities, duties, and powers, except—
a: the duty to identify and communicate the interests and preferences of the people in its local board area in relation to the content of the strategies, policies, plans, and bylaws of the Auckland Council:
b: the power to propose a bylaw or an amendment to a bylaw:
c: the power to confirm a bylaw or modify a proposed bylaw:
d: the power to propose the revocation of a bylaw:
e: the duty to adopt the local board plan for its area:
f: the duty to agree the local board agreement for its area with the governing body of the Auckland Council:
g: the power to apply to the Local Government Commission for a binding determination in respect of a dispute between itself and the governing body:
h: a responsibility, duty, or power that this Act or any other Act expressly provides may not be delegated.
2: However, nothing in subsection (1)
3: Subsection (1)
4: A committee, subcommittee, or person to which or to whom a local board has delegated a responsibility, duty, or power, may,—
a: without confirmation by the local board, exercise or perform the responsibility, duty, or power in the same manner and with the same effect as the local board could itself have exercised or performed it:
b: delegate the responsibility, duty, or power to a subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by the local board when making the original delegation.
5: No delegation relieves the local board of the liability or legal responsibility to perform or ensure the performance of any responsibility or duty. |
DLM5615603 | 2013 | Child Support Amendment Act (No 3) 2013 | 1: Title
This Act is the Child Support Amendment Act (No 3) 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 Child Support Amendment Act (No 3) 2013 Commencement Order 2014
3: Principal Act
This Act amends the Child Support Act 1991 principal Act OIC LI 2014/89 2014-03-31 Child Support Act 1991 Brought into force on 31 March 2014 by LI 2014/89/2
4: Section 120 amended (Appeal from decisions of courts)
After section 120(1)
1AA: However, no appeal may be made to the High Court under subsection (1) in relation to a decision under—
a: section 226
b: section 226A
5: Section 226 replaced (Appointment of barrister or solicitor to assist court or represent children)
Replace section 226
226: Appointment of lawyer to represent child in proceedings
1: In any proceedings under this Act (other than criminal proceedings), a court may appoint a lawyer to represent any child who is—
a: the subject of the proceedings; or
b: a party to the proceedings.
2: An appointment under subsection (1)
226A: Appointment of lawyer to assist court
In any proceedings under this Act (other than criminal proceedings), a court may—
a: appoint a lawyer to assist the court; or
b: direct the Registrar of the court to appoint a lawyer to assist the court.
226B: Fees and expenses of lawyer appointed under section 226 or 226A
1: The fees and expenses of a lawyer appointed under section 226 or 226A 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 226 or 226A 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 in any proceedings a lawyer has been appointed under section 226 or 226A and the fees and expenses relating to that appointment have been paid under subsection (1), the court must make an order under section 226C, unless the court declines to do so in accordance with that section.
5: However, no order under section 226C may be made—
a: against the Crown, whether acting through the department for the time being responsible for the administration of this Act or otherwise; or
b: in respect of an appointment under section 226A, where a lawyer has been appointed under that section to provide to the court independent legal advice on any complex legal issue.
226C: Order requiring reimbursement of costs payments
1: An order referred to in section 226B(4) must require the parties to reimburse to the Crown the prescribed proportion of the amount paid by the Crown, under section 226B(1)(b), in respect of the fees and expenses of a lawyer appointed under section 226 or 226A.
2: Despite subsection (1), the court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party.
3: Each party against whom an order is made under subsection (1) must pay an equal share of the prescribed proportion.
4: Despite subsection (3), if the court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court may substitute, for that party, a different amount not exceeding the prescribed proportion.
5: In this section,— dependent child, prescribed proportion section 135A serious hardship
a: includes significant financial difficulties that arise because of—
i: the party's inability to meet minimum living expenses according to normal community standards; or
ii: the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
iii: a serious illness suffered by the party or by a dependent child of the party; or
iv: the cost of education for a dependent child of the party:
b: does not include significant financial difficulties that arise because—
i: the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
ii: the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.
226D: Enforcement of orders made under section 226C
1: The amount that a party is ordered to reimburse under section 226C is a debt due to the Crown by that party and may be enforced in a District Court or the High Court, as the case may require, in the same manner as a judgment of that court.
2: Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable—
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.
6: Section 232 amended (Costs)
In section 232
2: This section is subject to section 226B(4)
7: Section 235 amended (Regulations)
Repeal section 235(1)(d)
8: New section 268A and cross-heading inserted
After section 268 Child Support Amendment Act (No 3) 2013
268A: Transitional provision for proceedings commenced before commencement of Child Support Amendment Act (No 3) 2013 but not completed
1: This section applies to proceedings under this Act that were commenced before the date of commencement of the Child Support Amendment Act (No 3) 2013 pending proceeding
2: The following provisions do not apply to a pending proceeding:
a: section 226A
b: section 226B
c: section 226C
d: section 226D
3: Section 226, as in force immediately before the date of commencement of the Child Support Amendment Act (No 3) 2013 Child Support Amendment Act (No 3) 2013
9: Consequential repeal
The Child Support Amendment Act (No 2) 2013 2014-03-31 Child Support Amendment Act (No 2) 2013 brought into force by 2014/89/2 on 31 March 2014 |
DLM5623800 | 2013 | Private Security Personnel and Private Investigators Amendment Act 2013 | 1: Title
This Act is the Private Security Personnel and Private Investigators 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 Private Security Personnel and Private Investigators Act 2010 principal Act 2013-12-05 Private Security Personnel and Private Investigators Act 2010
4: Section 48 amended (Notice of application for certificate of approval)
In section 48(2) 1 month 7 days
5: Section 49 amended (Objections by Police to application for certificate of approval)
Replace section 49(1)
1: The Police may file with the Licensing Authority a notice of objection to the grant of an application for a certificate of approval within 7 days after notice of the application is served on them.
6: Section 110 amended (Misleading conduct)
In section 110(3) subsection (1) subsection (2) |
DLM5561103 | 2013 | Financial Markets (Repeals and Amendments) Act 2013 | 1: Title
This Act is the Financial Markets (Repeals and Amendments) Act 2013.
2: Commencement
1: Sections 4(2) to (4) 91 101(3), (6), and (7) 105 107
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 may be made appointing different dates for different provisions and for different purposes.
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 1 April 2017.
4: In this section, provision Schedule Section 2(2) brought into force 1 April 2014 clause 3 Financial Markets Legislation (Phase 1) Commencement Order 2014 Section 2(2) brought into force 1 December 2014 clause 3 Financial Markets Legislation (Phase 2) Commencement Order 2014
3: Overview
1: This Act Financial Markets Conduct Act 2013
2: The transitional provisions governing the transition to the Financial Markets Conduct Act 2013 Schedule 4 Repeals and revocations
4: Repeals
1: The following Acts are repealed:
a: Securities Act 1978
b: Securities Markets Act 1988
c: Securities Transfer Act 1991
d: Superannuation Schemes Act 1989
e: Unit Trusts Act 1960
2: Sections 5(3) 16(3) 22 40 43(2) 49(3) to (6) sections 43N to 43S
a: those provisions are also repealed; and
b: section 66
3: Section 35A(5)
4: To avoid doubt, the reference to section 48(1)(c) section 164(7) 2013-09-14 Securities Amendment Act 2011 Securities Act 1978 Financial Reporting Act 1993 OIC LI 2014/325 2014-12-01 Securities Act 1978 Securities Markets Act 1988 Securities Transfer Act 1991 Superannuation Schemes Act 1989 Unit Trusts Act 1960 See section 4(2),(3): If brought into force earlier by OIC then change the above date — [Date has been changed —hm]
5: Revocations
The following enactments are revoked:
a: Futures Industry (Client Funds) Notice 1991
b: Futures Industry (Client Funds) Regulations 1990
c: KiwiSaver (Periodic Disclosure) Regulations 2013
d: Securities Act (Contributory Mortgage) Regulations 1988
e: Securities (Fees) Regulations 1998
f: Securities Markets (Disclosure of Relevant Interests by Directors and Officers) Regulations 2003
g: Securities Markets (Fees) Regulations 2003
h: Securities Markets (Insider Trading Exemption—Fonterra Co-operative Group Limited) Regulations 2012
i: Securities Markets (Insider Trading Exemption—Futures Contracts) Regulations 2010
j: Securities Markets (Market Manipulation) Regulations 2007
k: Securities Markets (Substantial Security Holders) Regulations 2007
l: Securities Markets (Unsolicited Offers) Regulations 2012
m: Securities (Moratorium) Regulations 2009
n: Securities (Mutual Recognition of Securities Offerings—Australia) Regulations 2008
o: Securities Regulations 2009
p: Superannuation Schemes (Fees) Regulations 1992
q: Unit Trusts (Fees) Regulations 1999 OIC LI 2014/325 2014-12-01 Futures Industry (Client Funds) Notice 1991 Futures Industry (Client Funds) Regulations 1990 KiwiSaver (Periodic Disclosure) Regulations 2013 Securities Act (Contributory Mortgage) Regulations 1988 Securities (Fees) Regulations 1998 Securities Markets (Disclosure of Relevant Interests by Directors and Officers) Regulations 2003 Securities Markets (Fees) Regulations 2003 Securities Markets (Insider Trading Exemption—Fonterra Co-operative Group Limited) Regulations 2012 Securities Markets (Insider Trading Exemption—Futures Contracts) Regulations 2010 Securities Markets (Market Manipulation) Regulations 2007 Securities Markets (Substantial Security Holders) Regulations 2007 Securities Markets (Unsolicited Offers) Regulations 2012 Securities (Moratorium) Regulations 2009 Securities (Mutual Recognition of Securities Offerings—Australia) Regulations 2008 Securities Regulations 2009 Superannuation Schemes (Fees) Regulations 1992 Unit Trusts (Fees) Regulations 1999 See section 4(2),(3): If brought into force earlier by OIC then change the above date—[date has been changed — hm] Amendments to Fair Trading Act 1986
6: Principal Act amended
Sections 7 8 Fair Trading Act 1986 OIC LI 2014/51 2014-04-01 Fair Trading Act 1986 See section 4(2),(3): If brought into force earlier by OIC then change the above date
7: Section 5A repealed
Section 5A
8: New sections 48P to 48S inserted
The following sections are inserted after section 48O
48P: Proceedings relating to financial products or financial services
1: This section applies if—
a: the Commission is considering commencing civil or criminal proceedings in relation to conduct that constitutes, or may constitute, a contravention of any of sections 9 to 13; and
b: the Commission considers that that conduct is in relation to a financial product or a financial service.
2: The Commission must, before commencing those proceedings, obtain the consent of the Financial Markets Authority (the FMA
3: However, a failure to obtain consent under subsection (2) does not affect any proceedings commenced by the Commission.
4: The FMA, when considering whether to give its consent, must have regard to the following matters to the extent that the FMA considers that those matters are relevant:
a: the purposes of the Financial Markets Conduct Act 2013 specified in sections 3 and 4
b: any warning, report, or guideline issued, or comment or statement made, under section 9(1)(a)(ii) or (v) of the Financial Markets Authority Act 2011:
c: any undertaking accepted under section 46 of the Financial Markets Authority Act 2011:
d: any exemption granted under the Financial Markets Conduct Act 2013:
e: any other action that the FMA has taken, or intends to take, in relation to the conduct:
f: any other matters that the FMA considers relevant.
5: The FMA's consent may relate to particular conduct or a class of conduct (whether or not the conduct has already occurred).
6: In this section,— financial product
a: has the same meaning as in section 7
b: includes, in relation to any provision of sections 9 to 13, any class or classes of financial product declared by regulations made under section 548(1)(a) Part 2 financial service section 6(1)
48Q: No pecuniary penalty and fine for same conduct involving financial products or financial services
1: A person cannot be ordered to pay a pecuniary penalty, or be liable for a fine, under the Financial Markets Conduct Act 2013 and be liable for a fine under this Act for the same conduct.
2: A person that has, in respect of certain conduct, paid an amount in lieu of a pecuniary penalty under section 46A(1)(b)
48R: Unsubstantiated representations prohibition does not apply to financial markets disclosure
1: The provision of this Act that corresponds to section 23
2: In this section, disclosure document register entry section 6(1)
48S: Certain conduct under Financial Markets Conduct Act 2013 does not contravene various provisions of this Act
1: Conduct that contravenes section 82, 99, 262, 265, or 427 or clause 27 of Schedule 1
2: For the purpose of this section, conduct must be treated as contravening section 82, 99, 262, 265, or 427 or clause 27 of Schedule 1
9: Transitional provision for existing offences and contraventions
1: This section applies to an offence committed under, or a contravention of, the principal Act before the commencement of section 7
2: The principal Act continues to have effect as if it had not been amended by sections 7 8
a: investigating an offence or a contravention to which this section applies:
b: commencing or completing proceedings for an offence or a contravention to which this section applies:
c: imposing a penalty or other remedy, or making an order, in relation to an offence or a contravention to which this section applies. Amendments to Financial Advisers Act 2008
10: Principal Act amended
Sections 11 to 61 Financial Advisers Act 2008 OIC LI 2014/51 2014-04-01 Financial Advisers Act 2008 Sections 10, 11, 13, 35, 37–39, 41, 42(1)–(3), 42(4) (other than as far as it relates to (1A)), 43–47, 49, 52, 53, 58, 61(2)-(10) brought into force on 1 April 2014 by SR 2014/51/3 OIC LI 2014/325 2014-12-01 Financial Advisers Act 2008 See section 4(2),(3): Provisions not brought into force earlier by OIC (see above) come into force on 1 April 2017- [dated changed hm]
11: Purpose of Act
1: Section 3
1A: That purpose is additional to the purposes of the Financial Markets Conduct Act 2013 set out in sections 3 and 4
2: Section 3(2) To this end, the Act— To those ends, this Act (without limitation)—
3: Section 3(2)(b)
iia: ensures that appropriate governance arrangements apply to services to allow for effective monitoring and reduce governance risks; and
12: Interpretation
1: Section 5 call building society share call credit union share client money client property futures contract investment statement issuer promoter prospectus registered exchange related body corporate security
2: Section 5 acquire call building society share
a: the shareholder has a right to demand repayment of the value of the share in full at any time; and
b: the building society has an obligation to repay the value of the share in full not later than 1 working day after the demand is made; and
c: the rate of dividend or interest payable or any other benefit provided does not alter as a result of the demand being made; and
d: no fee or other amount is payable as a result of the principal sum not having been held by the building society for a particular period of time call credit union share
a: the member has a right to demand repayment of the value of the share in full at any time; and
b: the credit union has an obligation to repay the value of the share in full in accordance with section 107(4) of the Friendly Societies and Credit Unions Act 1982; and
c: the rate of dividend or interest payable or any other benefit provided does not alter as a result of the demand being made; and
d: no fee or other amount is payable as a result of the principal sum not having been held by the credit union for a particular period of time client money client property custodial service DIMS facility DIMS licensee section 392(3) financial markets legislation FMCA financial product
a: an equity security:
b: a debt security:
c: a managed investment product:
d: a derivative information investment authority section 12(3) issuer section 11(1)(b) licensed market section 6(1) offeror section 6(1) personalised DIMS product disclosure statement PDS section 6(1) promoter regulated offer section 41 related section 12(2)
3: Section 5 category 1 product category 1 product
a: an FMCA financial product (other than a product that is a category 2 product); or
b: a DIMS facility (other than a facility that is a category 2 product); or
c: an investment-linked contract of insurance; or
d: any other product specified by the regulations; or
e: a renewal or variation of the terms or conditions of an existing category 1 product
4: The definition of category 2 product section 5
ja: a DIMS facility, if the investment authority covers only category 2 products; or
5: Paragraph (a) of the definition of product provider section 5
a: the issuer, in the case of an FMCA financial product:
6: The definition of product provider section 5
ca: the person to whom the investment authority is granted, in the case of a DIMS facility:
13: Who are clients
Section 5A(1)(b) the financial product is acquired or disposed of or the client money or client property is held the client money or client property is received, held, paid, or transferred under the service
14: Who are wholesale clients
1: Section 5C(1)(c)
2: Section 5C(1)(d) (except in respect of a discretionary investment management service) an entity
3: Section 5C(1)
f: a person who is a wholesale investor within the meaning of clause 3(2) of Schedule 1 see
g: a person who is, in relation to an offer of FMCA financial products, a wholesale investor within the meaning of clause 3 of Schedule 1
ga: a person who is, in relation to an offer of FMCA financial products, a close business associate of the offeror, or a relative of the offeror or of a director of the offeror, within the meaning of clauses 4 and 5 of Schedule 1
gb: a person who is, in relation to a DIMS facility provided by a DIMS licensee, a wholesale investor under clause 36(b) of Schedule 1
4: Section 5C(3)
3: The relevant time, for the purposes of applying Schedule 1
15: Who are eligible investors
Section 5D(1)(a)
i: the client has sufficient knowledge, skills, or experience in financial matters to assess the value and risks of financial products; and
ia: the client has sufficient knowledge, skills, or experience in financial matters to assess the merits of the service or services to be provided (including to assess its value and the risks involved); and
16: How to opt out of being wholesale client
Section 5G(5) under section 5D
17: When person provides discretionary investment management service
1: Section 12(1) FMCA financial products
2: Section 12
3: For the purposes of this Act, the authority referred to in subsection (1)(b) is the investment authority
18: Other exemptions
1: Section 14(1)
ka: a person providing a relevant service that is—
i: covered by a market services licence for discretionary investment management services under the Financial Markets Conduct Act 2013; or
ii: exempted, by section 389 section 389(2)(b) section 388(c)
2: Section 14(1)
m: any form of communication made by or on behalf of an issuer or offeror to a person that is contained in, or given in connection with, an offer of FMCA financial products to that person that does not require disclosure under Part 3 clauses 3 to 5 of Schedule 1
3: Section 14(1)(o)
i: a product disclosure statement, a disclosure document under clause 26 of Schedule 1 subpart 4 of Part 3 section 89
4: Section 14
2A: However, subsections (1)(ka) and (2) do not limit the application of the terms and conditions of authorisation or the code to an authorised financial adviser ( see
19: When financial adviser service is personalised service or class service
Section 15
2A: Subsection (1) does not apply to a discretionary investment management service and, in this case, the service is a personalised service personalised DIMS
a: the service is provided to a named client or a client who is otherwise readily identifiable by the financial adviser exercising the investment authority under that service; and
b: the investment strategy implemented in, or to be applied under, the investment authority has been designed to take account of the client's particular financial situation and goals or any 1 or more of them (rather than merely being customised from an investment strategy that applies to a class of clients, for example, by selecting options or by making minor changes to the class strategy or authority).
20: Who may provide financial adviser service
Section 17
1A: Sections 18 to 20 only permit a person to provide a service to the extent that the service is within the scope of the person's authorisation, registration, or grant of QFE status (including, in the case of a QFE adviser, taking into account any limitation imposed under section 67A or 75B(4)).
21: Who is permitted to provide personalised service to retail clients
1: Section 18(1)(a) or providing a discretionary investment management service
2: Section 18(1)(a)
ii: a QFE adviser (but only if the QFE or a member of the QFE group is the product provider (or, in the case of an FMCA financial product, a promoter) of the relevant category 1 product):
3: Section 18(1)(c) or providing a discretionary investment management service
4: Section 18(1)
d: if providing a discretionary investment management service, an authorised financial adviser.
5: Section 18
22: Who is permitted to provide class service to retail clients
Section 19
2: However,—
a: subsection (1) does not permit a person to provide a class service that is a discretionary investment management service; and
b: see Part 6
23: Who may hold themselves out as authorised financial adviser
Section 20A
1A: A person ( A B
24: Financial adviser must make disclosure before providing personalised service to retail client
Section 22
1A: However, an authorised financial adviser who provides a personalised DIMS to a retail client must instead disclose prescribed information to the client, in accordance with this Act and the regulations,—
a: both—
i: before the investment authority is granted; and
ii: before any exercise of the investment authority (unless there has been previous disclosure that is not out of date under section 29); or
b: if not practicable before, as soon as practicable after the time applying under paragraph (a).
25: What financial adviser must disclose
Section 23(2)
ca: information relating to any discretionary investment management service or any broking service provided:
26: No compliance with disclosure obligation if disclosure out of date
1: Section 29(1) or, in the case of a discretionary investment management service, the investment authority is exercised
2: Section 29(2)(b)(iv) or, in the case of a discretionary investment management service, change any instruction in relation to the service
27: New section 29A inserted
The following section is inserted after section 29
29A: Further prescribed information to be made available to clients of discretionary investment management service
1: An authorised financial adviser who provides a personalised DIMS to a retail client must, at the request of the client or at the prescribed times or on the occurrence of the prescribed events, make available to the client the information that is required to be made available under this section by the regulations.
2: The information must be made available in the prescribed manner.
3: The information must, if required by the regulations, be presented, calculated, or prepared in accordance with the frameworks and methodologies specified in notices issued by the FMA under subpart 4 of Part 9 of the Financial Markets Conduct Act 2013 (if any).
28: What is conduct obligation and when does it apply
Section 32(2)
c: sections 37 to 45A apply to an authorised financial adviser:
29: Financial adviser must exercise care, diligence, and skill
Section 33
3: This section does not apply to a service to the extent that section 40
30: New section 38 substituted
Section 38
38: Authorised financial adviser must not recommend acquisition of FMCA financial products if offer contravenes financial markets legislation
1: An authorised financial adviser ( A
a: when the FMCA financial products were or are offered under a regulated offer, the offer contravened or contravenes any financial markets legislation; and
b: the contravention has not been remedied; and
c: A knows or ought to know that, when the FMCA financial products were or are offered, the offer contravened or contravenes any financial markets legislation.
2: A person who contravenes subsection (1) see 1988 No 234 s 41S
31: New sections 39 to 44 inserted
The following sections are inserted after section 38
39: Duties when providing discretionary investment management service to retail clients
An authorised financial adviser, when providing a personalised DIMS to a retail client, must—
a: act honestly in providing that service; and
b: in exercising any powers under or performing any duties under the client agreement or investment authority for the service, act in the best interest of the client; and
c: not make use of information acquired through providing that service in order to—
i: gain an improper advantage for the adviser or any other person; or
ii: cause detriment to the client.
40: Duty to comply with professional standard of care in providing discretionary investment management service to retail clients
An authorised financial adviser who provides a personalised DIMS to a retail client must, in exercising any power or performing any duties under the client agreement or investment authority for the service, exercise the care, diligence, and skill that a prudent person engaged in that profession would exercise in the same circumstances.
41: Need for client agreement with retail client for discretionary investment management services
1: An authorised financial adviser must ensure that there is a client agreement governing a personalised DIMS provided to a retail client.
2: The client agreement must be entered into at the same time as or before the investment authority is granted by the client.
3: The authorised financial adviser must provide the discretionary investment management service to the client in accordance with that client agreement and an investment authority that complies with section 43
42: Contents, form, and effect of client agreement
1: A client agreement required by section 41
2: The client agreement is treated as containing any provision that is implied into it by or under this Act.
3: The client agreement must be in writing and be contained in 1 or more documents that are legally enforceable as between the retail client and the authorised financial adviser (or the business on whose behalf the authorised financial adviser is providing the service).
4: The client agreement has no effect to the extent that it contravenes, or is inconsistent with, this Act or any term implied into it by or under this Act.
43: Requirement for agreed investment authority with retail client
1: An authorised financial adviser must ensure that there is a written investment authority granted by the client for a personalised DIMS provided to a retail client.
2: The authorised financial adviser must ensure that the investment authority—
a: clearly discloses the scope of the investment authority, including any limits on the nature or type of investments and on the proportion of each type of asset invested in; or
b: if there are no limits on any of the matters referred to in paragraph (a)
3: The investment authority must provide for the matters set out in this section in accordance with the frameworks and methodologies specified in notices issued by the FMA under subpart 4 of Part 9 of the Financial Markets Conduct Act 2013 (if any).
44: Custodial duties under discretionary investment management service provided to retail client
1: An authorised financial adviser who provides a personalised DIMS to a retail client must ensure that the client money and client property that is held under the service is held on behalf of the client by 1 or more persons that meet the custodianship requirements set out in subsection (2)
2: A custodian of the client money and client property—
a: must be a separate body corporate that the financial adviser believes, on reasonable grounds, to be appropriate to hold, and safeguard, the money or property; and
b: may be an associated person of the financial adviser (or the business on whose behalf the financial adviser is providing the service), other than by virtue of the custodianship, only if—
i: that is permitted by conditions of the authorisation of the authorised financial adviser; and
ii: those conditions are observed.
3: This section does not apply—
a: to the extent that money or property is held directly by the client:
b: in the prescribed circumstances.
32: Eligibility to be authorised
1: Section 54 for a financial adviser service to be authorised
2: Section 54(a)
iiia: A meets the eligibility criteria (if any) that are prescribed by the regulations for that kind of financial adviser service; and
33: FMA must approve or decline application for authorisation
1: Section 55(1)(b) a discretionary investment management service on behalf of clients a personalised DIMS
2: Section 55
1A: If the scope of discretionary investment management services that may be authorised under this Act is limited by the regulations, a new or renewed authorisation for that service under subsection (1)(b) must not exceed that prescribed scope.
3: Section 55(2) (and may apply to services provided by an authorised financial adviser even if the adviser is providing that service as, or on behalf of the business of, a DIMS licensee under the Financial Markets Conduct Act 2013)
4: Section 55(5)(a) (in whole or in part) application
34: FMA's powers in relation to default by authorised financial adviser
Section 59
6: The FMA may act under this section in respect of the authorisation in whole or in part.
35: What is broking service
1: Section 77B(1) and (2)
1: A broking service
a: is the receipt of client money or client property by a person and the holding, payment, or transfer of that client money or client property; and
b: includes the holding of client money or client property by a person ( A C
2: In this Act,— client money
a: received in connection with acquiring, holding, or disposing of a financial product or otherwise in connection with a financial product; and
b: received from, or on account of, a client by a person ( A client property
a: the property is a financial product, is a beneficial interest in a financial product, or is received in connection with a financial product; and
b: the property is received from, or on account of, the client by a person ( A custodial service subsection (1)(b)
2: Section 77B Corporations Act 2001 s 766E(1) (Aust)
36: Other exemptions
Section 77C(1)
d: a person providing a relevant service in the course of acting as a derivatives issuer under a licence under Part 6
37: What broker must disclose and form of disclosure
Section 77F(1)
g: information relating to the broking service provided:
38: What is conduct obligation and when does it apply
Section 77J(3)
a: apply to broking services provided to a retail client; and
ab: apply to custodial and other broking services provided to every investor under a retail service of a DIMS licensee (as provided by section 446
ac: otherwise apply to broking services provided to a wholesale client only if provided by the regulations; and
39: Section 77N repealed
Section 77N
40: New section 77O substituted
Section 77O
77O: Broker must not receive client money if offer contravenes financial markets legislation
1: A broker ( A
a: when the FMCA financial products were or are offered under a regulated offer, the offer contravened or contravenes any financial markets legislation; and
b: the contravention has not been remedied; and
c: A knows or ought to know that, when the FMCA financial products were or are offered, the offer contravened or contravenes any financial markets legislation.
2: Contravention of this section may give rise to an offence ( see
41: Heading above section 77P substituted
The heading above section 77P Obligations for handling client money and client property
42: Broker must pay client money into separate trust account
1: The heading to section 77P and hold client property on trust
2: Section 77P(1) retail
3: Section 77P(1)
b: must ensure that the client money is paid promptly into a bank in New Zealand (or into any other prescribed entity) to—
i: a trust account of the broker or of a related person or entity specified in the regulations; or
ii: (if section 44 section 445
4: Section 77P
1A: A broker must ensure that the client money and client property are held separate from money or property held by or for the broker, or other person referred to in subsection (1)(b)(i) or (ii)
1B: A broker must comply with any prescribed duties and other requirements in relation to the client money and client property held on trust under this section.
43: Broker must account for client money and client property
Section 77Q(1) retail
44: Broker must keep records of client money and client property
1: Section 77R(1) retail
2: Section 77R(2) retail
3: Section 77R(2)(c) where when
4: Section 77R
2A: The broker must also keep all other prescribed records.
5: Section 77R(3)
3: The broker must—
a: keep the records required by this section, or ensure that they are kept, in a manner that enables those records to be conveniently and properly audited, reviewed, or inspected; and
b: comply with the prescribed requirements (if any) relating to those records and their audit, review, or inspection.
45: New section 77RA inserted
The following section is inserted after section 77R
77RA: Broker must report on client money and client property
1: A broker must, in the prescribed circumstances, provide confirmation information to a client or other prescribed persons in respect of client money or client property received or held on behalf of the client.
2: The confirmation information must be provided in the prescribed manner.
3: In this section, confirmation information
46: Restrictions on use of client money and client property
Section 77S(1) retail
47: Protection of client money and client property held on trust
Section 77T retail
48: Content of code
Section 86
6: The code may specify that minimum standards apply to services provided by an authorised financial adviser even if the adviser is providing that service as, or on behalf of the business of, a DIMS licensee under the Financial Markets Conduct Act 2013.
49: Section 120 repealed
Section 120
50: Offence of recommending offer of securities when subscription illegal
The heading to section 121 of securities when subscription illegal that contravenes financial markets legislation
51: Offence of receiving client money if offer for subscription illegal
The heading to section 134B for subscription illegal contravenes financial markets legislation
52: Offence of contravening requirement to pay client money into separate trust account
The heading to section 134C and hold client property on trust
53: New section 134EA inserted
The following section is inserted after section 134E
134EA: Offence of failing to report on client money and client property
A person who contravenes section 77RA
a: in the case of an individual, not exceeding $5,000:
b: in the case of an entity, not exceeding $25,000.
54: Heading to subpart 4 of Part 4 amended
The heading to subpart 4 , banning orders,
55: Sections 137C to 137J and heading repealed
Sections 137C to 137J section 137F
56: Pecuniary order for contravening wholesale certification requirement
1: The heading to section 137K or conduct obligations related to discretionary investment management service
2: Section 137K(1) or a conduct obligation under any of sections 39 to 44
3: Section 137K(5)
4: The heading above section 137K or conduct obligations related to discretionary investment management service
5: Section 137L(1) or a conduct obligation related to a discretionary investment management service certification requirement
57: When FMA may make temporary banning orders for financial adviser services or broking services
Section 137M(a) Securities Act 1978 Financial Markets Conduct Act 2013
58: Approval of standard conditions for incorporation in authorisations and grants of QFE status
Section 147A(3) ; or
f: is necessary or desirable in order to ensure timely and consistent implementation of changes to standard conditions for discretionary investment management services in connection with the commencement or implementation of the Financial Markets (Repeals and Amendments) Act 2013.
59: FMA may grant exemptions
Section 148
1A: To avoid doubt, an exemption may extend to exempt from compliance with any obligation under any provision that is implied into an agreement by the regulations.
60: New section 150 inserted
The following section is inserted after section 149
150: Implied provisions
A provision that is implied into an agreement by the regulations—
a: applies despite anything to the contrary in the agreement; and
b: is enforceable by the parties or by any person on whom the provision confers, or purports to confer, a benefit; but
c: applies subject to any exemption granted by the FMA under section 148.
61: General regulations
1: Section 154(1)(b) a security an FMCA financial product
2: Section 154(1)
ga: prescribing the information that must be made available under section 29A
gb: prescribing the matters that must be contained in a client agreement required for the purposes of section 41
gc: prescribing circumstances for the purposes of section 44
gd: prescribing eligibility criteria for authorisation for a service (including any preconditions or requirements that apply, or could be imposed by regulations, in relation to an application for a licence under subpart 2 of Part 6
3: Section 154(1)(h) and, for the purposes of section 55(1A)
4: Section 154(1)(l)
i: that any or all of sections 77P to 77T to apply to wholesale clients and the extent to which and the circumstances in which they so apply:
ia: the duties and obligations of brokers in relation to client money and client property, provisions specifying who may be a related person or entity for the purposes of section 77P and what entities are prescribed for the purposes of the trust account, and other provisions regulating the establishment and operation of the trust account and the receipt, handling, and application of client money and client property by a broker (including requirements relating to the investment of money that is held in trust and providing for how interest or other income from that investment is to be paid, retained, or otherwise dealt with):
ii: provisions regulating the keeping, retention, reconciliation, inspection, and audit or review of trust account records and other records and procedures of brokers:
5: Section 154(1)(l)(iii) (including prescribing what confirmation information must be made available and to whom, when, where, and how it must be provided, and any other matters for the purposes of section 77RA
6: Section 154(1)(l)
iv: provisions regulating the delivery of client money or client property to the person on whose behalf they are held, and other steps to be taken or provisions to apply, in connection with the termination of any broking service:
7: Section 154(5) or (gc) (1)(a)
8: Section 154(5)(a) exemption is regulations are
9: Section 154(5)(b) exemption relates regulations relate
10: Section 154(5)
c: the extent of the exemption, or the extent to which requirements are disapplied, under the regulations is not broader than what is reasonably necessary to address the matters that gave rise to the regulations. Amendments to Financial Markets Authority Act 2011
62: Principal Act amended
Sections 63 to 72 Financial Markets Authority Act 2011 OIC LI 2014/51 2014-04-01 Financial Markets Authority Act 2011 See section 4(2),(3): Sections 62, 64, 65, 66(1), 67–69, 70(1), (4) & (6), 71 brought into force on 1 April 2014 by SR 2014/51/3 OIC LI 2014/325 2014-12-01 Financial Markets Authority Act 2011 See section 4(2),(3): Provisions not brought into force earlier by OIC (see above) come into force on 1 April 2017
63: Interpretation
1: Section 4 dealings in securities dealing section 6(1)
2: Section 4 financial products section 7 involved in a contravention section 533 issuer section 11(1)(b) offeror section 6(1) product holder section 6(1) regulated offer section 41(1) regulated product section 41(2)
3: Paragraph (b) of the definition of financial markets participant section 4
i: a person who participates in a regulated offer as an issuer or offeror:
ii: a person who participates in an offer of financial products as an issuer or offeror and who is required to give a disclosure document under clause 26 of Schedule 1
iii: a person who acts, in respect of regulated products, as a supervisor, a manager, an investment manager, an administration manager, a custodian, or a qualified auditor (within the meaning of those terms in section 6(1)
iiia: a listed issuer (within the meaning of section 6(1)
4: Paragraph (c) of the definition of financial markets participant section 4
i: a body corporate that is related to a person referred to in paragraph (a) or (b) (within the meaning of section 12(2)
5: Section 4 securities
64: FMA's functions
1: Section 9(1)(a)
v: stating whether or not, or in what circumstances, the FMA intends to take or not take action over a particular state of affairs or particular conduct (for example, to give a person some level of certainty that the FMA will take no further action in relation to a matter):
2: Section 9(1)(c) is amended by inserting or an involvement in a contravention contravention
65: Power to enter and search place, vehicle, or other thing
1: Section 29(1) and (3)(a) , or being involved in a contravention, constitute a contravention
2: Section 29(1)(a) or involvement constitute such a contravention
66: FMA may exercise person’s right of action
1: Section 34(2)(b) fraud, negligence, default a contravention, an involvement in a contravention, fraud, negligence
2: Section 34(3)
c: if person A is an issuer, any product holders of financial products issued by person A.
3: Section 34(4)
67: FMA may accept undertakings
Section 46
1A: An undertaking may be given in connection with the FMA making a statement under section 9(1)(a)(v)
68: New section 46A inserted
The following section is inserted after section 46
46A: Undertaking may include requirements as to compensation or penalties
1: An undertaking under section 46 may include—
a: an undertaking to pay compensation to any person or otherwise take action to avoid, remedy, or mitigate any actual or likely adverse effects arising from a contravention, involvement in a contravention, or possible contravention, or involvement in a contravention of any provision of the financial markets legislation:
b: an undertaking to pay to the FMA an amount in lieu of a pecuniary penalty.
2: The FMA must ensure that each amount paid under subsection (1)(b)
3: If an undertaking referred to in subsection (1)(b)
4: The notice under subsection (3)
a: a statement of the amount that has been undertaken to be paid; and
b: a brief description of the circumstances and nature of the alleged contravention to which the undertaking relates.
5: This section does not limit section 46.
69: New heading and section 48A inserted
The following heading and section are inserted after section 48 Power to appear and be heard and adduce evidence
48A: FMA may appear and be heard and adduce evidence
1: The FMA is entitled to appear and be heard in any specified proceedings.
2: The FMA has the right to adduce evidence and the right to cross-examine witnesses if the FMA appears under this section, unless the specified proceedings are by way of appeal.
3: The rights referred to in this section apply whether or not the FMA was a party to the specified proceedings at any earlier stage in the proceedings.
4: In this section, specified proceedings
a: civil or criminal proceedings under, or in respect of, any financial markets legislation:
b: civil proceedings that, in connection with the offer, issue, transfer, supply, or use of financial products or financial services, seek damages or other relief for a contravention, involvement in a contravention, fraud, negligence, breach of duty, or other misconduct.
70: FMA may require its warning to be disclosed
1: Section 49(1)
b: ensure that every restricted communication of the kind that is specified in the order and that is distributed by or on behalf of the relevant person or any of those associated persons contains a copy of the warning in a prominent position or is accompanied by a copy of the warning:
2: Section 49(1)(c) disclosure document or other ensure that any
3: Section 49(7)(a)(ii) securities financial products
4: Section 49(7)
b: disclosure document
i: has the same meaning as in section 6(1)
ii: includes a register entry (within the meaning of that Act):
5: Section 49(7)(c) securities financial products
6: Section 49(7)
d: offer restricted communication associated person distributed section 6(1)
71: Levy of financial markets participants and other persons registered or incorporated under Acts referred to in Schedule 1
Section 68
10: The FMA, or any other person prescribed for the purposes of this subsection, must ensure that—
a: each levy payment is paid into a Crown Bank Account and is separately accounted for; or
b: by the 20th day of the month after the month in which the FMA or other person receives a levy payment, the levy payment is paid into a Crown Bank Account.
72: Schedule 1 amended
1: Part 1 of Schedule 1
Part 1: Auditor Regulation Act 2011 Financial Advisers Act 2008 Financial Markets Authority Act 2011 Financial Markets Conduct Act 2013 Financial Markets Supervisors Act 2011 Financial Service Providers (Registration and Dispute Resolution) Act 2008 Part 4 and Schedule 1 of the KiwiSaver Act 2006 Sections 45U and 45V of the Public Finance Act 1989
2: Part 2 of Schedule 1 Trustee Companies Management Act 1975 Amendments to KiwiSaver Act 2006
73: Principal Act amended
Sections 74 to 109 KiwiSaver Act 2006 2013-09-14 KiwiSaver Act 2006 Sections 91, 101(3), (6), & (7), 105, and 107 OIC LI 2014/325 2014-12-01 KiwiSaver Act 2006 See section 4(2),(3): If brought into force earlier by OIC then change the above date
74: Purpose
Section 3(2) enables the establishment of schemes provides for schemes
75: Interpretation
1: Section 4(1) administration manager, complying superannuation fund, defined contribution scheme, department, exempt employer, fee subsidy, independent trustee, investment manager, investment statement, KiwiSaver scheme, KiwiSaver schemes register, manager, member’s accumulation, member’s interest, Minister, nominated person, nominee, promoter, registered superannuation scheme, related company, restricted KiwiSaver scheme restricted scheme, trust deed, trustee corporation, trustees umbrella trust
2: Section 4(1) administration manager section 6(1) complying superannuation fund section 6(1) department exempt employer
a: who was approved as an exempt employer under section 30 (before its repeal), or who has been approved to succeed to exempt employer status under section 152; and
b: whose approval has not been revoked investment manager section 6(1) KiwiSaver scheme section 6(1) managed investment scheme section 6(1) manager section 6(1) member's accumulation
a: the member’s contributions; and
b: any vested employer contributions in respect of the member; and
c: any fee subsidies paid in respect of the member under regulations made under section 228(1)(n) or (o) before the revocation of those regulations; and
d: the Crown contribution paid in respect of the member member's interest
a: the member’s accumulation; and
b: any unvested employer contributions Minister Part 4, sections 228 and 230,
a: means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of Part 4
b: includes, for the purposes of subpart 2 of Part 4 section 228 or 230 section 132 product disclosure statement register of managed investment schemes Schedule 2 restricted scheme section 6(1) retirement scheme section 6(1) scheme superannuation scheme section 6(1) 2013 supervisor section 6(1) trust deed section 6(1) workplace savings scheme section 6(1) 2013
3: The definition of default investment product section 4(1) section 177 section 132
4: The definition of default KiwiSaver provider section 4(1) section 177 section 132
5: The definition of default KiwiSaver scheme section 4(1) section 177 section 132
6: Paragraph (a) of the definition of defined benefit scheme member section 4(1) registered superannuation scheme superannuation scheme
7: Paragraph (a)(i) of the definition of defined benefit scheme member section 4(1) , section 119G of this Act, or section 179(2)(b) section 9BAA of the Superannuation Schemes Act 1989
8: Paragraph (d) of the definition of fee section 4(1) referred to in section 200 or charged under regulations made under section 228(c) referred to in section 67 of the Financial Markets Authority Act 2011 or charged under regulations made under section 228(1)(a)
9: The definition of KiwiSaver scheme rules section 4(1) section 126 section 116
76: Meaning of provider
Section 5
1: For the purpose of anything that must or may be done by or to or in relation to a scheme, provider
a: means the person who is the manager of the scheme; and
b: in the case of a restricted scheme, includes any person to whom the manager has made a lawful delegation to do any thing (for example, an administration manager).
77: Outline
1: Section 8(3) regulates contains additional governance provisions relating to
2: Section 8(5) and Schedules 2 and 3 contain contains
3: Section 8(6) and the Superannuation Schemes Act 1989
4: Section 8
7: Also, other rules about KiwiSaver schemes and complying superannuation funds are contained in the Financial Markets Conduct Act 2013 (for example, rules about registration, governance, and offers of interests).
78: Outline of how people become members of overall KiwiSaver scheme
Section 9(2) This subpart Subpart 4 of Part 4
79: Extension of opt-out period
Section 18(1)(b) an investment statement the product disclosure statement
80: Sections 24 to 32 and heading repealed
Sections 24 to 32
81: Employer must also supply investment statement for employer’s chosen KiwiSaver scheme (if any)
1: The heading to section 43 investment statement product disclosure statement
2: Section 43(a) an investment statement for the product disclosure statement for the offer of interests in
82: Effect of employer choice of KiwiSaver scheme
Section 48
2: On the first day that this section applies to an employee, the employee is treated, for the purposes of this Act and the Financial Markets Conduct Act 2013, as having—
a: been given a product disclosure statement for the offer of interests in the employer’s chosen KiwiSaver scheme; and
b: immediately after, applied to become a member of that scheme; and
c: become a member of that scheme.
3: The provider of the employer’s chosen KiwiSaver scheme must accept that application and register the employee as a member of the scheme.
4: The membership contract of the KiwiSaver scheme is binding on the employee and the provider, and enforceable as if it were a contract that was freely and voluntarily entered into.
5: The contract may be varied, replaced, cancelled, or otherwise terminated, and the managed investment products may be returned,—
a: to the extent permitted by section 131
b: except as provided by that section, in the same way as if the contract were freely and voluntarily entered into.
83: Effect on existing members of change, etc, in employer chosen scheme
Section 49(2) section 119G (which provides for transfers without consent in certain circumstances) section 181
84: Commissioner provisionally allocates certain people to default KiwiSaver schemes and sends investment statement
1: The heading to section 50 investment statement product disclosure statement
2: Section 50(3)(c) investment statement product disclosure statement
3: Section 50(4)
b: the Commissioner receives notice under section 212(1)(b) paragraph (ba)
ba: a scheme winds up, if that winding up is after the Commissioner receives notice under that section; or
c: the Commissioner receives notice under section 131(1)
85: New section 52 substituted
Section 52
52: Effect of completion of allocation
1: A person whose allocation is completed under section 51 is treated, for the purposes of this Act and the Financial Markets Conduct Act 2013, as having—
a: been given a product disclosure statement for the offer of interests in the default KiwiSaver scheme; and
b: immediately after, applied to become a member of that scheme; and
c: become a member of that scheme.
2: The provider of the default KiwiSaver scheme to which the person has been allocated must accept that application and register the person as a member of the scheme.
3: The membership contract of the default KiwiSaver scheme is binding on the person and the provider, and enforceable as if it were a contract that was freely and voluntarily entered into.
4: The contract may be varied, replaced, cancelled, or otherwise terminated, and the managed investment products may be returned,—
a: to the extent permitted by section 131
b: except as provided in that section, in the same way as if the contract were freely and voluntarily entered into.
86: Notification of transfers and requirement to transfer funds and information
Section 56
6: The circumstances are that—
a: members have been notified of a proposal to transfer all of the members of the old scheme to another scheme under section 180
b: a copy of a winding-up order or resolution of the old scheme has been given to the FMA under section 212
87: Involuntary transfers
1: Section 57(1)
b: the Commissioner receives notice under section 212(1)(b)
ba: a scheme winds up, if that winding-up is after the Commissioner receives notice under section 212(1)(b)
c: the Commissioner receives notice under section 131(1)
2: Section 57(2) if section 119G applies to a transfer to which section 181
88: Compulsory employer contribution amount: general rule
1: Section 101D(5)(b)
a: omitting registered superannuation scheme retirement scheme
b: inserting in subparagraph (i) or section 179(2)(b)
2: Section 101D(6) registered superannuation scheme retirement scheme
3: Section 101D(8)(b) registered superannuation scheme retirement scheme
89: De minimis: other contributions and hybrid schemes amount
Section 101FC(a) and (b) registered superannuation scheme retirement scheme
90: Sections 101H to 101K and heading repealed
Sections 101H to 101K
91: Implied provision as to transfer of members, etc
Section 119C(2) and regulations made under section 230 section 119G
92: Part 4 substituted
Part 4
4: Additional governance provisions
115: Overview of Part
This Part contains governance provisions relating to schemes that are additional to those contained in the Financial Markets Conduct Act 2013, and other matters related to the functions of the Financial Markets Authority, as follows:
a: subpart 1
b: subpart 2
c: subpart 3
d: subpart 4
e: subpart 5
1: Implied terms and other regulation of schemes
KiwiSaver scheme rules
116: KiwiSaver scheme rules are implied in trust deeds establishing KiwiSaver scheme
1: The provisions set out in Schedule 1 are to be known as the KiwiSaver scheme rules.
2: The KiwiSaver scheme rules set out in Schedule 1 are implied in every trust deed that establishes a KiwiSaver scheme in relation to the KiwiSaver scheme.
3: The KiwiSaver scheme rules—
a: apply despite anything to the contrary in the trust deed; and
b: are enforceable by the manager, the supervisor, or any member of the scheme. 2006 No 40 s 126 as at October 2011 Provisions about unreasonable fees that apply to both KiwiSaver schemes and complying superannuation funds
117: Duty to give notice to FMA about fee increases
1: Any person who increases a fee must give notice of the increase to the FMA before or as soon as is reasonably practicable after the increase takes effect if—
a: the person is referred to in clause 2 of the KiwiSaver scheme rules (which relates to a requirement that fees not be unreasonable), and that clause applies to the fee; or
b: (in the case of a complying superannuation fund) the person would be referred to in clause 2 of the KiwiSaver scheme rules, and that clause would apply to the fee, if the complying superannuation fund were a KiwiSaver scheme.
2: Every person commits an offence, and is liable on conviction to a fine not exceeding the amount set out in subsection (4)
3: If any body corporate commits an offence under this section, every officer of the body corporate who knowingly authorises or permits the offence also commits the offence.
4: A person who is convicted of an offence under this section is liable,—
a: the first time that the person is convicted, to a fine not exceeding $25,000; and
b: on every other occasion that the person is convicted, to a fine not exceeding $50,000. 1989 No 10 s 39; 2006 No 40 ss 189B, 199 as at October 2011
118: Exercise of functions by FMA about unreasonable fees
In considering whether a fee is unreasonable in relation to the provision of a KiwiSaver scheme or a complying superannuation fund, the FMA—
a: must have regard to any prescribed matter; and
b: may have regard to any other matter that the FMA considers relevant; and
c: may make decisions in accordance with any prescribed process. 2006 No 40 s 127 as at October 2011
119: Powers of High Court in relation to unreasonable fees
1: If the High Court is satisfied, on the application of a member of a scheme or the FMA, that any of the persons referred to in section 117(1)(a) or (b)
2: The High Court may make any other order it thinks fit for the purpose of giving effect to an order under subsection (1)
3: An application for an order may be made within 1 year of the day that the fee is imposed or debited.
4: In determining whether a fee is unreasonable for the purposes of this section, the High Court—
a: must have regard to any prescribed matter; and
b: may have regard to any other matter it thinks fit. 1989 No 10 s 40; 2006 No 40 s 189C as at October 2011 Other implied terms
120: Terms relating to backdated validation implied into trust deeds of KiwiSaver schemes
1: Terms necessary for giving effect to the law relating to back-dated validation of invalid membership under subpart 4 of Part 2 are implied into the trust deed that establishes a KiwiSaver scheme in relation to the KiwiSaver scheme.
2: The terms—
a: apply despite anything to the contrary in the trust deed of the scheme; and
b: are enforceable by the manager, the supervisor, or a member of the scheme. 2006 No 40 s 128B as at October 2011
121: Terms relating to members’ tax credits implied into trust deeds of KiwiSaver schemes and complying superannuation funds
1: Terms necessary for giving effect to the law relating to the tax credits described in section MK 1 of the Income Tax Act 2007 are implied into the trust deed that establishes—
a: a KiwiSaver scheme in relation to the KiwiSaver scheme:
b: a complying superannuation fund in relation to the complying superannuation fund.
2: The terms—
a: apply despite anything to the contrary in the trust deed of the scheme; and
b: are enforceable by the manager, the supervisor, or a member of the scheme. 2006 No 40 s 128A as at October 2011
122: Terms relating to compulsory employer contributions implied into trust deeds of KiwiSaver schemes and complying superannuation funds
1: Terms necessary for giving effect to the law relating to compulsory employer contributions are implied into the trust deed that establishes—
a: a KiwiSaver scheme in relation to the KiwiSaver scheme:
b: a complying superannuation fund in relation to the complying superannuation fund.
2: The terms—
a: apply despite anything to the contrary in the trust deed of the scheme; and
b: are enforceable by the manager, the supervisor, or a member of the scheme. 2006 No 40 s 128D as at October 2011
123: Terms relating to lump sum payments by complying superannuation funds
1: Terms necessary for giving effect to clause 2(c) of Schedule 28 of the Income Tax Act 2007 are implied into the trust deed that establishes a complying superannuation fund in relation to the complying superannuation fund.
2: The terms—
a: apply despite anything to the contrary in the trust deed of the scheme; and
b: are enforceable by the manager, the supervisor, or a member of the scheme. 2006 No 40 s 128C as at October 2011 Other regulation of schemes
124: Requirement for annual return
1: The manager of a KiwiSaver scheme and the manager of a complying superannuation fund must provide an annual return to the FMA that—
a: is in the prescribed form; and
b: meets any further prescribed requirements.
2: The prescribed requirements may include a requirement to provide statistical information in relation to the KiwiSaver scheme or complying superannuation fund.
3: The annual return must be provided before the prescribed date and relate to the prescribed 12-month period.
4: Nothing in this section requires the manager to provide—
a: information about an identifiable individual; or
b: information that is not in the possession or control of the manager; or
c: information that is not reasonably ascertainable from information that is in the possession or control of the manager.
5: Every person commits an offence, and is liable on conviction to a fine not exceeding the amount set out in subsection (7)
6: If a body corporate commits an offence under this section, every officer of the body corporate who knowingly authorises or permits the offence also commits the offence.
7: A person who is convicted of an offence under this section is liable,—
a: the first time that the person is convicted, to a fine not exceeding $25,000; and
b: on every other occasion that the person is convicted, to a fine not exceeding $50,000. 2006 No 40 ss 125, 199 as at October 2011
125: Unclaimed money held in KiwiSaver scheme
1: Section 77 of the Trustee Act 1956 applies subject to this section in relation to a member’s interest in a KiwiSaver scheme held by, or in the control of, the supervisor or manager of that scheme.
2: Section 77 of the Trustee Act 1956 applies to the member’s interest only if, at the time that section is applied,—
a: the member of the scheme in respect of which the trust exists is able to be identified, according to the information held by or available to the manager, as being at least 5 years older than the date on which a withdrawal is permitted under clause 4 of the KiwiSaver scheme rules; and
b: the manager has ensured that reasonable efforts have been made to locate the member but the member is unable to be found; and
c: there has been no contribution made to the member’s account in the preceding 5 years, excluding any Crown contribution. 2006 No 40 s 195 as at October 2011
126: Restrictions on transactions for scheme with fewer than 20 members
1: This section applies to a KiwiSaver scheme if the scheme has fewer than 20 members, treating all interests in the scheme held by persons associated under subpart YB of the Income Tax Act 2007 as being held by 1 person.
2: The provider must not lend money or provide financial assistance to—
a: a member:
b: a person associated (under subpart YB of the Income Tax Act 2007) with a provider or member. 2006 No 40 s 117A as at October 2011
127: Member’s interest in KiwiSaver scheme not assignable
1: Except as expressly provided in this Act, a member’s interest or any future benefits that will or may become payable to a member under the KiwiSaver scheme must not be assigned or charged or passed to any other person whether by way of security, operation of law, or any other means.
2: However, subsection (1) 2006 No 40 s 196 as at October 2011
128: Application of Financial Transactions Reporting Act 1996 to default allocation of members to KiwiSaver schemes
1: This section applies in respect of any allocation of a person ( A A 52
2: For the purposes of section 6 of the Financial Transactions Reporting Act 1996, an application or allocation to which this section applies is not a request to a financial institution for the person to become a facility holder as defined in section 2(1) of that Act.
3: Despite subsection (2)
a: a provider of a KiwiSaver scheme must make reasonable efforts to verify A’s identity at the time that A becomes a member of a KiwiSaver scheme; and
b: if A makes a voluntary payment into the KiwiSaver scheme, the payment must, for the purposes of section 6 of the Financial Transactions Reporting Act 1996, unless the provider has already verified A’s identity, be treated as a request to a financial institution for the person to become a facility holder within the meaning of that Act.
4: In this section, voluntary payment
a: in relation to a member of a KiwiSaver scheme who has become a member of that scheme under section 48 or 52
b: in relation to a member of a KiwiSaver scheme to whom paragraph (a) 2006 No 40 s 204 as at October 2011
129: Product disclosure statements must contain responsible investment statement
1: Every product disclosure statement relating to an offer of interests in a KiwiSaver scheme or a complying superannuation fund must contain a statement in the following form if it is a scheme that takes responsible investment, including environmental, social, and governance considerations, into account in the investment policies and procedures of the scheme: Responsible investment, including environmental, social, and governance considerations, is taken into account in the investment policies and procedures of the scheme as at the date of this product disclosure statement. You can obtain an explanation of the extent to which responsible investment is taken into account in those policies and procedures at the issuer's Internet site at [ specify Internet site address
2: Every product disclosure statement relating to an offer of interests in a KiwiSaver scheme or a complying superannuation fund must contain a statement in the following form if it is a scheme that does not take responsible investment, including environmental, social, and governance considerations, into account in the investment policies and procedures of the scheme: Responsible investment, including environmental, social, and governance considerations, is not taken into account in the investment policies and procedures of the scheme as at the date of this product disclosure statement.
3: A failure to comply with this section must be treated as if it were a failure to comply with the requirements of regulations made under the Financial Markets Conduct Act 2013 as to the information that a product disclosure statement must contain. 2006 No 40 s 205A as at October 2011 Interface with securities law
130: Application of Financial Markets Conduct Act 2013
1: An employer does not contravene the Financial Markets Conduct Act 2013 by reason only that, acting as an employer, that person—
a: complies with the person’s responsibilities as an employer under this Act; or
b: chooses a KiwiSaver scheme as the employer’s chosen KiwiSaver scheme under section 47.
2: No act or omission by the Crown, or any officer or employee of the Crown, that occurs during the performance or exercise, or intended performance or exercise, of any functions, duties, or powers in respect of KiwiSaver schemes and complying superannuation funds, gives rise to any civil or criminal liability of the Crown or those officers or employees under the Financial Markets Conduct Act 2013. 2006 No 40 s 209 as at October 2011
131: Certain sections of Financial Markets Conduct Act 2013 modified in relation to KiwiSaver scheme
1: The manager of a KiwiSaver scheme must provide the Commissioner with notice of—
a: any member—
i: who has given notice under section 35(2) or 54(2)
ii: to whom money would have had to have been repaid under section 80(1)(a) or 85(3)(a)
iii: who has not confirmed that he or she still wants to acquire the financial products under section 80(2) or 85(4)
b: if all or part of the consideration for the issue of financial products to that member was the transfer of the member’s accumulation from another KiwiSaver scheme, the name of that scheme from which the member’s accumulation was transferred; and
c: the name, address, and tax file number of the member.
2: If a member is notified to the Commissioner under subsection (1),—
a: the following do not apply:
i: any right of the member under the Financial Markets Conduct Act 2013 to withdraw from holding the financial product and to have the relevant money repaid; and
ii: any duty of the issuer or any other person to repay any contribution under section 36, 55, 80, or 85
b: instead, the following both apply:
i: a process for the person to be allocated to a new scheme ( see 52
ii: a process for the person to be transferred to a new scheme ( see 2006 No 40 s 210 as at October 2011
2: Default KiwiSaver schemes
132: Appointment of default providers
1: The Minister may appoint 1 or more managers for a specified term to provide—
a: a default KiwiSaver scheme that is specified in the instrument of appointment; and
b: a default investment product of that default KiwiSaver scheme that is specified in the instrument of appointment.
2: The appointment may be made subject to such terms and conditions as the Minister considers fit.
3: The instrument of appointment must—
a: identify the default KiwiSaver scheme and the default investment product of the scheme:
b: state any terms and conditions of the appointment:
c: state any prescribed information.
4: In determining whether to appoint a manager as a default KiwiSaver provider under this section, the Minister must seek the advice of the FMA.
5: A restricted scheme is not eligible to be a default KiwiSaver scheme. 2006 No 40 s 177 as at October 2011
133: Provisions of instrument of appointment to prevail over provisions of trust deed
1: The manager and the supervisor must take all reasonable steps to ensure that the trust deed of a default KiwiSaver scheme is consistent with the instrument of appointment.
2: The provisions of the instrument of appointment prevail over the terms of the trust deed establishing the KiwiSaver scheme that relate to the KiwiSaver scheme.
3: A product disclosure statement relating to an offer of interests in a KiwiSaver scheme to which an instrument of appointment under section 132 2006 No 40 s 178 as at October 2011
134: Effect of appointment under section 132
If a person is appointed as a provider of a default KiwiSaver scheme under an instrument of appointment under section 132
a: the default KiwiSaver scheme must be shown as a default KiwiSaver scheme on the register of managed investment schemes; and
b: the Commissioner may nominate the default investment product of the scheme as a default investment product to which persons may be allocated for the purposes of sections 50 to 52 2006 No 40 s 179 as at October 2011
135: Appointment must be notified
1: The Minister must, as soon as practicable after an appointment under section 132
2: This section also applies to any variation, renewal, or revocation of the instrument of appointment. 2006 No 40 s 180 as at October 2011
136: Power of High Court to act in respect of terms and conditions of appointment as default KiwiSaver scheme and regulations relating to default KiwiSaver schemes
1: This section applies if the High Court is satisfied that the manager of a default KiwiSaver scheme appointed under section 132
a: a breach of the terms and conditions of the instrument of appointment referred to in section 132
b: a breach of regulations made under section 230.
2: Sections 480 and 481
3: Without limiting those sections, the High Court may make any orders on any terms and conditions that it thinks appropriate, including—
a: an order to restrain the manager or the supervisor of the scheme, or both, from engaging in conduct that constitutes, or would constitute, the breach:
b: an order to require the manager or the supervisor of the scheme, or both,—
i: to do a particular act or thing:
ii: to comply with the conditions of the instrument of appointment:
c: an interim order. 2006 No 40 s 183 as at October 2011
137: Revocations, etc, of instruments of appointment
1: An instrument of appointment may provide for its renewal or variation or expiry or revocation by the Minister or the provider.
2: Despite any matter provided for in an instrument of appointment as to its expiry or revocation, the Minister may, by notice in writing to a provider, revoke an instrument of appointment if—
a: the FMA directs that a scheme's registration as a KiwiSaver scheme be removed under section 134
b: the FMA directs that a scheme's registration as a managed investment scheme be cancelled under section 195
c: an order or resolution to wind up the scheme is made as referred to in section 212
d: the Minister is satisfied that—
i: the provider is not operating in accordance with the terms and conditions of the instrument of appointment; and
ii: the failure to operate in accordance with the terms and conditions of the instrument of appointment is a significant breach as prescribed in regulations made under section 230.
3: The appointment of the provider under section 132
4: The Minister must notify the FMA, the Commissioner, and the Registrar of Financial Service Providers (for the purpose of updating the register of managed investment schemes) as soon as practicable after an instrument of appointment is revoked. 2006 No 40 s 184 as at October 2011
138: Duration of obligations as default provider after terminating event
1: In this section,— reporting obligations
a: any requirement for the provider to report to persons specified in an instrument of appointment; and
b: any requirement for the provider to produce to any persons specified in an instrument of appointment any papers, documents, records, or things in respect of the scheme (and the power of any person to require production of those papers, documents, records, or things) terminating event
a: the revocation of an instrument of appointment by the provider or the Minister under the terms and conditions of the instrument of appointment; or
b: the revocation of an instrument of appointment in accordance with section 137(2)
c: the expiry of the term of appointment (as specified in the instrument of appointment and in accordance with any renewal of the term of appointment).
2: Despite any terminating event,—
a: any terms and conditions of the instrument of appointment that relate to a provider’s reporting obligations in respect of the provider’s scheme continue to apply until the date when the term of appointment would have expired but for the terminating event; and
b: regulations made under section 230 continue to apply in relation to the provider until the provider has completed every act or thing that the regulations require the provider to do following any terminating event. 2006 No 40 s 185 as at October 2011
3: Complying superannuation funds
139: Outline of subpart
1: This subpart contains rules relating to complying superannuation funds (which are schemes that were approved for the purposes of the Income Tax Act 2007 under section 35 of the Superannuation Schemes Act 1989 before its repeal) as follows:
a: the rules that apply to complying superannuation funds:
b: the rules relating to revocation of approval of complying superannuation funds.
2: These rules are in addition to rules elsewhere in this Act that apply to complying superannuation funds (for example, in relation to implied terms and unreasonable fees).
140: Failure to pay: provider notice
1: This section applies if the provider of a complying superannuation fund knows that an employer has failed to pay to the provider an amount of compulsory employer contribution in accordance with subpart 3A of Part 3.
2: The provider must, as soon as practicable, give a notice to the employer requesting the payment of the amount of compulsory employer contribution. The provider must send to the FMA a copy of the notice.
3: If the employer does not pay the amount of compulsory employer contribution to the provider within 1 month of this section first applying for the amount, and the total of the amounts of compulsory employer contributions unpaid is more than $500, then the provider must immediately give a notice to the FMA.
4: A notice under subsection (3)
a: the name of the employer; and
b: the amounts of compulsory employer contributions unpaid; and
c: the employer’s name, address, and tax file number (if known); and
d: the relevant employees to whom the failure to pay relates and their tax file numbers and addresses; and
e: the pay periods and relevant amounts for the employees to whom the failure to pay relates; and
f: other information required by the FMA.
5: If the employer pays an amount of compulsory employer contribution remedying a failure to pay that was notified to the FMA under subsection (3) 2006 No 40 s 101H as at October 2011
141: Failure to pay: FMA's duties
1: If the FMA receives a notice under section 140(3)
2: The FMA may use any power (with necessary modifications for complying superannuation funds) that the FMA has in respect of KiwiSaver schemes in the performance of the duty to decide imposed by subsection (1)
3: As soon as practicable, the FMA must give a notice to the employer showing the information described in subsection (4)
4: A notice under subsection (3)
a: require the payment of the amount (the liable amount subsection (1)
b: specify the relevant calendar months and related amounts; and
c: specify that the employer must pay the liable amount within 28 days after the notice is given; and
d: specify the employer's name, address, and tax file number (if known); and
e: specify the relevant employees to whom the failure to pay relates and their tax file numbers and addresses; and
f: specify the pay periods and relevant amounts for the employees to whom the failure to pay relates; and
g: inform the employer that failure to comply with the notice will result in the Commissioner receiving notice of the failure to comply; and
h: show other information required by the Commissioner.
5: If the employer does not pay the liable amount in the period specified in subsection (4)(c) subsection (1) section 156
a: give to the Commissioner a notice showing the information described in subsection (6)
b: send to the provider a copy of the notice.
6: A notice under subsection (5)
a: state that the employer has failed to comply with notices under section 140(2) subsection (3)
b: show the information described in subsection (4)
c: specify the extent to which an amount of compulsory employer contributions remains unpaid for the liable amount; and
d: specify the relevant employees to whom the unpaid amounts relate and their tax file numbers and addresses; and
e: specify the pay periods and relevant amounts for the employees to whom the unpaid amounts relate. 2006 No 40 s 101I as at October 2011
142: Failure to pay: Commissioner
1: If the Commissioner receives a notice under section 141(5) section 141(5)
2: The Commissioner must send the employer a notice of the amount due and payable, and the due date, specified in subsection (1) 2006 No 40 s 101J as at October 2011
143: Recovered amounts
An amount of compulsory employer contribution for an employee's complying superannuation fund that is received by the FMA or the Commissioner by virtue of subpart 3A of Part 3 or this subpart must be paid by them to the relevant provider. The relevant amount of compulsory employer contributions remaining unpaid for the relevant liable amount is consequentially reduced. 2006 No 40 s 101K as at October 2011
144: Reduction of scheme insurance upon transfer out of complying superannuation fund
1: This section applies to a complying superannuation fund ( scheme A
a: scheme A provides or facilitates the provision of insurance (the scheme insurance person
b: the benefit of the scheme insurance is calculated by reference to contributions for the person held by a complying superannuation fund (the contributions
c: an amount of contributions is transferred out of the complying superannuation fund to a complying superannuation fund or KiwiSaver scheme (other than scheme A).
2: A term is implied into the trust deed of scheme A. That term must have the effect of allowing the benefit of the person's scheme insurance to be reduced in proportion to the amount of contributions transferred out of the complying superannuation fund to a complying superannuation fund or KiwiSaver scheme (other than scheme A). 1989 No 10 s 9D
145: Revocation of approval of complying superannuation funds
1: The FMA may revoke the approval of a scheme as a complying superannuation fund if—
a: the FMA is satisfied that the scheme no longer meets the requirements in subsection (2)
b: the manager of the scheme makes an application for revocation.
2: The requirements are that—
a: the complying superannuation fund section of the scheme and any relevant participation agreement must contain rules that subject the following to complying fund rules (as defined in section YA 1 of the Income Tax Act 2007):
i: relevant contributions:
ii: returns on relevant contributions:
iii: relevant benefits; and
b: the scheme must have at least 20 members, treating all interests in the scheme or account held by associated persons within the meaning of section YA 1 of the Income Tax Act 2007 as being held by 1 person; and
c: the fund must have rules that meet all the requirements set out in Schedule 28 of the Income Tax Act 2007 (requirements for complying fund rules) and do not detract from those requirements.
3: The FMA must not exercise a power under subsection (1)(a)
a: the FMA gives the manager of the scheme no less than 10 working days' written notice of the following matters before it exercises the power:
i: that the FMA may exercise the power or refuse the application (as the case may be); and
ii: the reasons why it may do so; and
b: the FMA gives the manager or the manager's representative an opportunity to make written submissions on the matter within that notice period.
4: The FMA must, as soon as practicable after revoking the approval, give notice to—
a: the manager of the scheme; and
b: the Registrar of Financial Service Providers, for the purpose of updating the register of managed investment schemes; and
c: any person who originally applied for approval under section 34 of the Superannuation Schemes Act 1989; and
d: the Commissioner.
5: The manager of a scheme who is notified that approval is revoked must immediately—
a: give notice of that revocation to each member who may be affected, and to their employers; and
b: give notice to the Commissioner of each member who may be affected, and of their employers.
6: Each of those notices must specify an effective revocation date. 1989 No 10 ss 35, 36
4: Exempt employers
146: Effect of being exempt employer and outline of subpart
1: A person who starts new employment with an exempt employer is exempt from the automatic enrolment rules.
2: For the avoidance of doubt, subsection (1)
a: does not prevent an employee of an exempt employer from opting in under subpart 1 of Part 2
b: does not prevent a person who is already a member of a KiwiSaver scheme from becoming liable for automatic deduction of contributions from the salary or wages paid in respect of employment with an exempt employer under section 15(1)(a)(ii) or 36(1)(a)(ii).
3: This subpart contains rules relating to exempt employers (as approved under section 30 before its repeal by the Financial Markets Conduct Act 2013) as follows:
a: the rules that apply to exempt employers:
b: the rules relating to revocation of approval of exempt employers.
4: These rules are in addition to rules elsewhere in this Act that apply to exempt employers. 2006 No 40 s 24 as at October 2011
147: Eligibility to continue to be exempt employer
1: An employer is eligible to continue to be an exempt employer if the FMA is satisfied that the employer provides access to a superannuation scheme or workplace savings scheme for its employees that complies with the following rules:
a: every person who becomes a permanent employee (including a part-time employee) of that employer, and who is aged 18 or over but less than the New Zealand superannuation qualification age, must be eligible, in practice, at the time when the person so becomes an employee,—
i: to become a member of the scheme; and
ii: to transfer to the scheme the member’s accumulation in relation to other superannuation schemes or workplace savings schemes (to the extent that transfers are available from those other schemes); and
b: the trust deed of the scheme must have the effect that each member who satisfies the scheme’s requirements for a withdrawal benefit, and who elects to withdraw from membership of the scheme, may transfer the member’s accumulation to another superannuation scheme, workplace savings scheme, or KiwiSaver scheme (to the extent that transfers are available to those other schemes); and
c: the trust deed of the scheme must provide for an amount equal to at least 4% of annual gross base salary or wages to be contributed to, or otherwise credited within, the scheme in respect of each person who becomes a permanent employee of that employer and a member of the scheme.
2: However, subsection (1)(c)
a: to the extent that an employee is, in accordance with the terms of the scheme, temporarily relieved from contributions at that rate (for example, in the event of financial hardship); or
b: if the scheme is a defined benefit scheme of a type that does not satisfy the 4% minimum amount rule in subsection (1)(c) section 148
3: In this section,— defined benefit scheme section 6(1) permanent employees
a: who are not employed in temporary employment (as described in section 12); and
b: to whom the automatic enrolment rules would apply, but for the application of this section. 2006 No 40 s 25 as at October 2011
148: How 4% minimum amount may be calculated for exempt employer defined contribution schemes
1: For the purposes of section 147(1)(c)
a: the minimum amount required by section 147(1)(c)
i: entirely of contributions by the employee; or
ii: entirely of contributions by an employer; or
iii: partially of contributions by the employee and partially of contributions by an employer; and
b: the minimum amount required by section 147(1)(c)
i: the minimum prescribed amount that the employee must contribute:
ii: the maximum prescribed amount that the employer would be required to contribute if the member were to contribute the maximum prescribed amount:
c: any amount contributed to the scheme by an employer in respect of an employee does not count towards the minimum amount required by section 147(1)(c)
i: the employee is legally entitled to require the employer to contribute that amount on his or her behalf; and
ii: the trust deed of the scheme provides for the minimum amount required by section 147(1)(c)
d: any amount contributed to the scheme by an employer in respect of an employee must be calculated, for the purposes of the minimum amount required by section 147(1)(c)
2: Subsection (1)(b) does not limit subsection (1)(c) or (d). Example
Company A provides access to a superannuation scheme for its employees. The trust deed provides that employees, if they decide to become members, must contribute at either 1% or 3% of annual gross base salary. The employer is obliged to match the employee’s contributions (eg, if employee contributes 1%, the company must contribute 1%). The scheme complies with the rule as to the 4% minimum contribution as follows: The following table is small in size and has 2 columns with content but no headings. Minimum amount employee member must contribute 1% Maximum amount that employer must contribute in respect of employee member 3% 4% 2006 No 40 s 26 as at October 2011
149: Exempt employers who provide access to more than 1 scheme
An employer who provides access to more than 1 superannuation scheme or workplace savings scheme for its employees is eligible to continue to be an exempt employer if the FMA is satisfied that, if all of those schemes were considered as a whole (as if they were 1 scheme), the rules in section 147 2006 No 40 s 27 as at October 2011
150: Exempt employers who have schemes established under master trusts
An employer who provides access to a superannuation scheme or workplace savings scheme for its employees that is established under a master trust is eligible to continue to be an exempt employer if the FMA is satisfied that the rules in section 147
a: the master trust in so far as it relates to the employer’s scheme; and
b: the participation agreement executed by the employer in relation to the membership of the employer’s employees in the scheme; and
c: anything else that the FMA decides is relevant to evidencing compliance with the rules in section 147 2006 No 40 s 28 as at October 2011
151: Employers may apply to succeed to former employer's exempt employer status
1: A person may make an application to the FMA for approval to succeed to an exempt employer's exempt employer status if the person is a succeeding employer for that exempt employer.
2: The application must be accompanied by—
a: information that satisfies the FMA that the rules in section 147 section 149 or 150
b: the names, addresses, and tax file numbers of each employer in respect of whom the application is made; and
c: if the application is made in respect of an employer that is part of a group of companies, any details of the names, addresses, tax file numbers, and payroll arrangements of any other members of the group that the FMA may request.
3: In this section, succeeding employer 2006 No 40 s 29 as at October 2011
152: How applications to succeed to former employer's exempt employer status must be dealt with
1: The FMA must, within 20 working days after receiving an application made under section 151(1) section 151(2)
a: consider whether the FMA is satisfied that each employer in respect of whom the application is made complies with the rules in section 147 section 149 or 150
b: if so satisfied, approve the employer as an exempt employer and register the employer on the register of exempt employers kept under section 155
2: The FMA must—
a: give notice to the employer as soon as practicable after approving, or declining to approve, the employer as an exempt employer; and
b: specify in that notice an effective date after which an employee who starts new employment with the employer will be exempt from the automatic enrolment rules (unless those rules do not otherwise apply). 2006 No 40 s 30 as at October 2011
153: Revocation of exempt employer approval
1: The FMA may revoke an approval as an exempt employer given under this Act if—
a: the FMA is satisfied that the employer is no longer eligible to be an exempt employer because the employer no longer provides access to a scheme for its employees that complies with the rules in section 147 section 149 or 150
b: the employer makes an application for revocation.
2: The FMA must not exercise a power under subsection (1)(a)
a: the FMA gives the employer no less than 10 working days' written notice of the following matters before it exercises the power:
i: that the FMA may exercise the power or refuse the application (as the case may be); and
ii: the reasons why it may do so; and
b: the FMA gives the employer or the employer's representative an opportunity to make written submissions on the matter within that notice period.
3: The FMA must—
a: give notice to the employer as soon as practicable after revoking the approval; and
b: specify in that notice an effective revocation date after which an employee who starts new employment with the employer will be subject to the automatic enrolment rules (unless those rules do not otherwise apply); and
c: ensure that the employer is removed from the register of exempt employers kept under section 155 2006 No 40 s 31 as at October 2011
154: FMA must give notice to Commissioner of exempt employers
The FMA must give notice to the Commissioner as soon as practicable after an employer is approved under section 152 or an approval is revoked under section 153 2006 No 40 s 32 as at October 2011
155: Register of exempt employers
1: The FMA must ensure that a register is kept by the FMA or under subsection (2)
2: That register may be part of the register of managed investment schemes, in which case the Financial Markets Conduct Act 2013 applies to the keeping of the register accordingly.
5: Miscellaneous
156: Right of appeal against certain decisions of FMA
1: A person affected by a decision of the FMA under any of the following provisions may appeal against the decision to the High Court:
a: section 141
b: section 145
c: section 152
d: section 153
2: A decision against which an appeal is lodged under this section continues in force unless the High Court orders otherwise. 2006 No 40 s 186 as at October 2011
157: Sharing of information and documents with Commissioner for purpose of administering KiwiSaver schemes
1: The FMA may provide to the Commissioner any information, or a copy of any document, that the FMA—
a: holds in relation to the performance or exercise of the FMA’s functions, powers, or duties under this Act or in connection with 1 or more KiwiSaver schemes or complying superannuation funds under this Act or any other enactment; and
b: considers may assist the Commissioner in the performance or exercise of the Commissioner's functions, powers, or duties under this Act or in connection with 1 or more KiwiSaver schemes or complying superannuation funds under this Act or any other enactment.
2: The FMA may use any information, or a copy of any document, provided to it by the Commissioner under any enactment in the FMA’s performance or exercise of its functions, powers, or duties under this Act or in connection with 1 or more KiwiSaver schemes or complying superannuation funds under this Act or any other enactment.
3: This section applies despite anything to the contrary in any contract, deed, or document. 2006 No 40 s 188 as at October 2011
158: Conditions that may be imposed on providing information, documents, or evidence to Commissioner
1: The FMA may impose any conditions in relation to providing information or documents to the Commissioner (whether in compliance with a request or otherwise).
2: The FMA must, in considering what conditions to impose, have regard to whether conditions are necessary or desirable in order to protect the privacy of any individual.
3: Those conditions may include, without limitation, conditions relating to—
a: maintaining the confidentiality of anything provided (in particular, information that is personal information within the meaning of the Privacy Act 1993):
b: the storing of, use of, or access to anything provided:
c: the copying, returning, or disposing of copies of documents provided. 2006 No 40 s 189 as at October 2011
159: Annual report by FMA
1: The FMA must, within 3 months after the end of every financial year, report to the Minister on the principal matters transacted under this Act during that year.
2: Every report must be presented to the House of Representatives by the Minister as soon as practicable after it has been received by that Minister. 1989 No 10 s 28; 2006 No 40 s 194 as at October 2011
160: Offence to supply false or misleading information, etc
1: Every person commits an offence, and is liable on conviction to a fine not exceeding the amount set out in subsection (3)
2: If a body corporate commits an offence under this section, every officer of the body corporate who knowingly authorises or permits the offence also commits the offence.
3: A person who is convicted of an offence under this section is liable to a fine not exceeding $300,000. 2006 No 40 ss 198(1)(f), 199 as at October 2011
161: No Crown guarantee of KiwiSaver schemes or products
1: There is no Crown guarantee in respect of any KiwiSaver scheme or investment product of a KiwiSaver scheme.
2: Every product disclosure statement relating to an offer of interests in a KiwiSaver scheme must contain a statement to that effect. 2006 No 40 s 205 as at October 2011
162: Factual description of, or transmission of information about, KiwiSaver scheme not financial adviser service
For the avoidance of doubt, the Crown or any other person does not perform a financial adviser service for the purposes of the Financial Advisers Act 2008 if the Crown or that person—
a: supplies an information pack as required or authorised by this Act; or
b: gives a factual description to another person of the features of a KiwiSaver scheme or of KiwiSaver schemes (for example, information about admission as a member or termination of membership); or
c: gives information of the type referred to in paragraph (b)
d: acts only as an intermediary who transmits information about a KiwiSaver scheme; or
e: otherwise exercises or carries out a function, duty, or power under this Act. 2006 No 40 s 206 as at October 2011
93: Sections 205 to 206 repealed
Sections 205 to 206
94: Sections 209 and 210 and heading repealed
Sections 209 210
95: Duty of Commissioner under section 50 modified in certain cases in which section 210 applies
1: The heading to section 211 section 210 section 131
2: Section 211(1)(a) section 210(2) section 131(1)
96: Section 220 substituted
Section 220
220: Special rules about giving of product disclosure statements
Sections 217 to 219 apply to the giving or supplying of a product disclosure statement under this Act (including for the purposes of the Financial Markets Conduct Act 2013) as if it were the giving of a notice.
97: Administration of Act
1: Section 224(1) and Schedule 3
2: Section 224(2) Schedules 1 and 2 Schedule 1
98: Section 225 repealed
Section 225
99: Status of Crown contribution and fee subsidy for tax purposes
1: The heading to section 227 and fee subsidy
2: Section 227 or a fee subsidy paid in respect of a member of a KiwiSaver scheme under regulations made under section 228(n)
100: Section 228 substituted
Section 228
228: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing fees payable to the Commissioner or the FMA in respect of any matter under this Act or the manner in which fees may be calculated:
b: prescribing the information or matters that must be included in the information packs referred to in Part 2:
c: prescribing provisions to be implied in the trust deed of a KiwiSaver scheme ( see subsection (3)
d: providing for operational matters and electronic compatibility between the Commissioner and all or any class of providers, including—
i: requiring the Commissioner and all or any class of providers to sign scheme provider agreements before registration of a scheme as a KiwiSaver scheme; and
ii: providing for the updating of those agreements after registration; and
iii: specifying the matters that may be required to be covered in all or any of those agreements:
e: prescribing requirements in relation to annual returns for the purposes of section 124
f: prescribing what must be treated as reasonable efforts for the purposes of section 128
g: prescribing the maximum number of persons that the Minister may appoint under section 132
h: specifying information that must be contained in the instrument of appointment referred to in section 132
i: providing for fees or charges that must be treated as fees for the purposes of this Act:
j: prescribing matters that are relevant to a determination or consideration as to whether a fee is unreasonable for the purposes of clause 2 of the KiwiSaver scheme rules or section 118
k: prescribing circumstances in which the purchase of an estate in land enables a withdrawal under clause 8 of the KiwiSaver scheme rules:
l: prescribing circumstances for the purposes of clause 8(3)(a) of the KiwiSaver scheme rules or prescribing who is a qualifying person for the purpose of clause 8(3)(c)(ii) of the KiwiSaver scheme rules:
m: prescribing matters that may be regarded as matters from which significant financial difficulties have arisen for the purposes of clause 11 of the KiwiSaver scheme rules:
n: recognising specific foreign superannuation schemes or classes of specific foreign superannuation schemes that are based in named countries as schemes to which funds can be transferred on permanent emigration under the provision implied by clause 14 of the KiwiSaver scheme rules:
o: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations may be made under this section for the purpose of a matter dealt with in Part 4
3: A provision prescribed for the purposes of subsection (1)(c)
a: specify the duties and powers of the supervisor of the scheme:
b: specify the duties of the manager of the scheme.
4: A provision implied in the trust deed under this section—
a: does not apply to the extent that it is inconsistent with provisions implied in the trust deed by this Act; but
b: applies despite anything to the contrary in the trust deed of the scheme; and
c: is enforceable by the manager, the supervisor, or a member of the scheme, unless the regulations provide otherwise.
101: Regulations relating to default KiwiSaver providers
1: Section 230(1)(a) section 184(2) section 137(2)
2: Section 230(1)(b)(iii) section 184(2) section 137(2)
3: Section 230(1)
ba: providing for the following matters in relation to all or any class of default members of a scheme that is subject to a terminating event under section 185:
i: requiring those default members to be reallocated and transferred to a default KiwiSaver scheme and providing the method of determining, terms of, and procedures for the reallocation and the transfer (or providing for the Minister to require or determine any of those matters by direction to the scheme provider or providing for another person or method to determine any of those matters):
ii: requiring the reallocation and transfer to be carried out in accordance with that method, those terms, and those procedures:
4: Section 230(1)(ba) subsection (3) section 185 section 138
5: Section 230(1)(c) and (d) section 185 section 138
6: Section 230(1)(c)(iii) , regulations made under paragraph (ba)
7: Section 230
1A: In this section, default members
102: Sections 231 to 237 repealed
Sections 231 to 237
103: Amendments to Schedule 1 (KiwiSaver scheme rules)
1: The Schedule 1 ss 4, 126 ss 4, 116
2: Clauses 1 to 1E
1: Application
The KiwiSaver scheme rules apply to all KiwiSaver schemes.
104: Amendments to Schedule 1 (KiwiSaver scheme rules)
Clause 2
1: The following persons must not charge a fee that is unreasonable:
a: the manager of the scheme:
b: the supervisor of the scheme:
c: the administration manager of the scheme:
d: the investment manager of the scheme:
e: any other person who charges a fee for services in relation to the provision of a KiwiSaver scheme.
2: For the purposes of subclause (1)
3: In this clause,— associated person section 12 fund related underlying fund
a: an underlying fund that is managed by the manager of the KiwiSaver scheme ( A
b: if a fund of the KiwiSaver scheme is managed as a whole by a person other than A, an underlying fund that is managed by that person or that person's associated persons underlying fund KiwiSaver fund
4: For the purposes of this clause, the terms manager supervisor administration manager investment manager
105: Amendments to Schedule 1 (KiwiSaver scheme rules)
1: Clause 4(2)
2: Clause 4(6) earlier earliest
3: Clause 4(6) ; or
c: the date that is 5 years after the day on which the member first became a member of a complying superannuation fund, if the member has become a member of the KiwiSaver scheme as a result of a transfer from a complying superannuation fund.
106: Amendments to Schedule 1 (KiwiSaver scheme rules)
Schedule 1 clause 4
4A: No external financial advantages from funds
1: The manager must ensure that the entire value, benefit, or other return derived in respect of the member's accumulation is credited to the member's accumulation and is not received as an external financial advantage.
2: In this clause, an external financial advantage
a: means any direct or indirect financial advantage payable to or derived by the member or any associated person of the member; and
b: includes the value of a reduction or an avoidance of a financial liability (such as a financial advantage obtained by using any part of the member's accumulation to offset, or to reduce the interest payable on, a loan); but
c: to avoid doubt, excludes permitted withdrawals.
3: This clause does not prevent minor financial advantages that are incidental or secondary to a KiwiSaver scheme membership from being provided to or in respect of a member, including such advantages in the form of—
a: an inducement or incentive or other form of reward to contribute to, or be a member of, the scheme; or
b: a reduction or rebate of the fees or commission payable to a financial adviser, or for financial adviser services, that takes into account the member's accumulation; or
c: rewards such as discounts on fees payable in respect of non-KiwiSaver services or products.
4: In this clause, associated person section 12
107: Amendments to Schedule 1 (KiwiSaver scheme rules)
1: Clause 8(7)(a) the member's solicitor a practitioner (within the meaning of section 6 of the Lawyers and Conveyancers Act 2006) acting on behalf of the member
2: Clause 8(7)(b) the member's solicitor that practitioner
108: Further terminology amendments to Schedule 1 (KiwiSaver scheme rules)
1: Clause 4B trustees (in the case of a restricted KiwiSaver scheme) or the manager (in the case of any other KiwiSaver scheme) manager
2: The heading to clause 5 Trustees and managers Manager
3: Clause 5(1) trustees (in the case of a restricted KiwiSaver scheme) or the manager (in the case of any other KiwiSaver scheme) manager
4: The heading to clause 6 Trustees and managers Manager
5: Clause 6 trustee (in the case of a restricted KiwiSaver scheme) or the manager (in the case of any other KiwiSaver scheme) manager
6: Clause 7(1) trustees of a restricted KiwiSaver scheme and the manager of any other KiwiSaver scheme manager
7: Clause 7(1) them the manager
8: Clause 8(7)(b) trustees (in the case of a restricted KiwiSaver scheme) or the manager (in the case of any other KiwiSaver scheme) manager
9: Clause 8(7)(b)(ii) trustees or the manager (as the case may be) make manager makes
10: Clause 8(7)(b)(iii) trustees (in the case of a restricted KiwiSaver scheme) or the manager (in the case of any other KiwiSaver scheme) manager
11: Clause 9 trustees (in the case of a restricted KiwiSaver scheme) or the manager (in the case of any other KiwiSaver scheme) manager
12: Clause 10
1: If the manager (in the case of a restricted KiwiSaver scheme) or the supervisor (in the case of any other KiwiSaver scheme) is reasonably satisfied that a member is suffering or is likely to suffer from significant financial hardship, the member may, on application to that manager or supervisor in accordance with clause 13, make a significant financial hardship withdrawal in accordance with this clause.
13: Clause 10(2) the trustees' approval the manager's approval (in the case of a restricted KiwiSaver scheme) or the supervisor's approval (in the case of any other KiwiSaver scheme)
14: Clause 10(3) trustees manager (in the case of a restricted KiwiSaver scheme) or the supervisor (in the case of any other KiwiSaver scheme)
15: Clause 10(3)(b) trustees' opinion opinion of the manager (in the case of a restricted KiwiSaver scheme) or the supervisor (in the case of any other KiwiSaver scheme)
16: Clause 12(1) trustees are manager (in the case of a restricted KiwiSaver scheme) or the supervisor (in the case of any other KiwiSaver scheme) is
17: Clause 12(1) trustees in manager (in the case of a restricted KiwiSaver scheme) or the supervisor (in the case of any other KiwiSaver scheme) in
18: Clause 13(1) trustees manager (in the case of a restricted KiwiSaver scheme) or the supervisor (in the case of any other KiwiSaver scheme)
19: Clause 13(2) trustees manager (in the case of a restricted KiwiSaver scheme) or the supervisor (in the case of any other KiwiSaver scheme)
20: Clause 14(1) trustees (in the case of a restricted KiwiSaver scheme) or the manager (in the case of any other KiwiSaver scheme) manager
21: Clause 14(2) trustees (in the case of a restricted KiwiSaver scheme) or the manager (in the case of any other KiwiSaver scheme) manager
22: Clause 14(2) trustees or manager (as the case may be) manager
23: Clause 14(3) trustees or manager (as the case may be) manager
24: Clause 14(3)(b) trustees or manager (as the case may be) manager
25: Clause 14(4) trustees or manager (as the case may be) manager
26: Clause 14B(1) trustees or the manager (as the case may be) manager
27: Clause 14B(2) trustees (in the case of a restricted KiwiSaver scheme) or the manager (in the case of any other KiwiSaver scheme), have the trustees or the manager (as the case may be) manager, have the manager
28: Clause 14B(3) trustees or the manager (as the case may be) manager
29: Clause 14B(4) trustees or the manager (as the case may be) manager
30: Clause 14B(4)(b) trustees or the manager (as the case may be) manager
31: Clause 14B(5) trustees or the manager (as the case may be) manager
32: Clause 16(1) trustees, apply to have the trustees manager, apply to have the manager
33: Clause 16(2) trustees manager
34: If section 189
35: If section 189(3) clause 14(1) and (2)
109: Schedules 2 and 3 repealed
Schedules 2 3 Amendments to Securities Trustees and Statutory Supervisors Act 2011
110: Principal Act amended
Sections 111 to 147 Securities Trustees and Statutory Supervisors Act 2011 OIC LI 2014/325 2014-12-01 Securities Trustees and Statutory Supervisors Act 2011 See section 4(2),(3): If brought into force earlier by OIC then change the above date
111: Name of principal Act changed
1: As from the commencement of this section,—
a: the Securities Trustees and Statutory Supervisors Act 2011
b: every reference in any enactment and in any document to the Securities Trustees and Statutory Supervisors Act 2011
2: Section 1 Securities Trustees and Statutory Financial Markets
112: New section 3 substituted
Section 3
3: Purpose
1: The purpose of this Act is to protect the interests of product holders, and of residents of retirement villages, and to enhance investor confidence in financial markets and retirement villages, by—
a: requiring persons who wish to be appointed as supervisors to be capable of effectively performing the functions of supervisors; and
b: requiring supervisors to perform their functions effectively; and
c: enabling supervisors to be held accountable for any failure to perform their functions effectively.
2: That purpose is additional to the purposes of the Financial Markets Conduct Act 2013 set out in sections 3 and 4
113: Interpretation
1: The definitions of deed of participation governing document issuer issuer obligation KiwiSaver scheme KiwiSaver trustee licensee licensee obligation restricted scheme security statutory supervisor supervised issuer trust deed trustee unit trustee section 4(1)
2: Section 4(1) debt security section 8 financial product section 7 governing document
a: a governing document within the meaning of section 6(1)
b: a deed of supervision issuer
a: in respect of a debt security, means the issuer of the debt security within the meaning of section 11
b: in respect of a registered scheme, means the manager of the scheme within the meaning of section 6(1) issuer obligation
a: the governing document that relates to the product:
b: the terms of any offer of the product:
c: a court order relating to the product:
d: this Act:
e: the Financial Markets Conduct Act 2013:
f: the KiwiSaver Act 2006:
g: Part 5D of the Reserve Bank of New Zealand Act 1989 licensee
a: means a supervisor that holds a licence; and
b: includes an FMA appointee, whether or not that appointee holds a licence licensee obligation
a: every governing document:
b: the terms of the offer of the financial product:
c: a court order relating to a supervised interest:
d: this Act:
e: the Financial Markets Conduct Act 2013:
f: the KiwiSaver Act 2006:
g: Part 5D of the Reserve Bank of New Zealand Act 1989:
h: the Retirement Villages Act 2003 product holder section 6(1) registered scheme section 6(1) supervised issuer supervisor statutory supervisor
a: in relation to a debt security or registered scheme, a supervisor within the meaning of section 6(1)
b: in relation to a retirement village, a statutory supervisor as defined in section 5 of the Retirement Villages Act 2003
3: Paragraph (a) of the definition of material change of circumstances section 4(1) trustee or statutory supervisor in respect of a security supervisor in respect of a debt security or registered scheme
4: The definition of supervised interest section 4(1)
a: in relation to a supervisor of a debt security or registered scheme ( S
5: Section 4(2) Securities Act 1978 (in relation to securities) Financial Markets Conduct Act 2013 (in relation to financial products)
114: Heading to Part 2
The heading to Part 2 trustees and statutory
115: Heading to subpart 1 of Part 2
The heading to subpart 1 trustees and statutory
116: New section 6 substituted
Section 6
6: Supervisor must be licensed
1: A supervisor in respect of a debt security must hold a licence that covers supervision of the security.
2: A supervisor in respect of a registered scheme must hold a licence that covers supervision of the scheme.
3: A statutory supervisor in respect of a retirement village must hold a licence that covers supervision of the retirement village.
4: A contravention of this section may give rise to a pecuniary penalty under section 41
117: New section 7 substituted
Section 7
7: Licensee must comply with conditions imposed on licence
A licensee must comply with—
a: every condition imposed on the licence by the FMA under section 11; and
b: every condition imposed on the licence by regulations made under this Act (if any).
118: New section 8 substituted
Section 8
8: Prohibition on holding out
1: A person must not represent that the person is licensed to be a supervisor in respect of a debt security, registered scheme, or retirement village if the person does not hold a licence that covers supervision of the debt security, registered scheme, or retirement village.
2: A contravention of this section may give rise to a pecuniary penalty under section 41
119: Requirement to be licensed: exception for certain FMA appointees
Section 9 Sections 6 and 8(1) and (2) do Section 6 does
120: New section 10 substituted
Section 10
10: FMA may license supervisors
1: The FMA may license a person to be 1 or more of the following:
a: a supervisor in respect of debt securities:
b: a supervisor in respect of registered schemes:
c: a statutory supervisor in respect of retirement villages.
2: A licence may cover supervision of all debt securities, all registered schemes, all retirement villages, or any 1 or more of the following:
a: debt securities of 1 or more classes:
b: 1 or more particular issues of debt securities:
c: registered schemes of 1 or more classes:
d: 1 or more particular registered schemes:
e: retirement villages of 1 or more classes:
f: 1 or more particular retirement villages.
3: A class may be defined (to include or exclude supervision of a debt security, registered scheme, or retirement village) in any way, including, without limitation, by reference to—
a: a particular issuer or operator; or
b: a particular class of issuer or operator.
121: FMA may impose conditions on licence
1: Section 11(2)(b)
i: supervisor in respect of a particular debt security or class of debt security; or
ia: supervisor in respect of a particular registered scheme or class of registered scheme; or
2: Section 11(4) is amended by repealing paragraphs (a) and (b) and substituting the following paragraphs:
a: limiting the number of appointments as supervisor that may be held by the licensee:
b: setting a maximum value for supervised interests that are debt securities or registered schemes:
122: Information to be stated in licence
1: Section 13
b: in the case of debt securities, the debt security or debt securities the supervision of which is covered by the licence:
c: in the case of registered schemes, the scheme or schemes the supervision of which is covered by the licence:
ca: in the case of retirement villages, the retirement village or villages the supervision of which is covered by the licence:
2: Section 13(d) by the FMA under section 11 licence
123: FMA must send licence and details to licensee and others
1: Section 14(4)(a) security debt security or registered scheme
2: Section 14(4)(b) trustee of supervisor of a debt security issued by
124: Decision on application for, or to vary, licence
1: Section 16
1: The FMA may issue or vary a licence only if the FMA is satisfied that, having regard to any conditions imposed on the licence, the applicant is capable of effectively performing (or will, after the variation, be capable of effectively performing)—
a: the functions of a supervisor in respect of debt securities or registered schemes the supervision of which is covered by the licence:
b: the functions of a statutory supervisor in respect of retirement villages the supervision of which is covered by the licence.
2: Section 16(2)
c: in the case of an applicant for a licence that covers supervision of a debt security or a registered scheme, the applicant is, or will be, registered under the Financial Service Providers (Registration and Dispute Resolution) Act 2008 on and from commencing to perform the functions of a supervisor:
3: Section 16(2)(d) supervision of covers
4: Section 16(3)(e)
i: in the case of a licence relating to debt securities or registered schemes, issuers of those debt securities or of managed investment products in those schemes comply with the issuer obligations; and
5: Section 16(3)
i: other prescribed matters that relate to the applicant, to debt securities, registered schemes, or retirement villages the supervision of which is covered by the licence, and to issuers or operators covered by the licence:
125: Application to cancel licence
Section 17(2) trustee or statutory
126: Notice, consultation, and submissions concerning decision under section 16(1)
Section 18(1)(a) and (b) supervision of covers
127: Appeal to High Court against FMA's decision on application
Section 19
2: If a supervisor in respect of a debt security, registered scheme, or retirement village lodges an appeal against a decision not to issue a new licence that covers supervision of the debt security, scheme, or retirement village, the court may extend the validity of the supervisor's current licence, to the extent that it covers supervision of the debt security, scheme, or retirement village, until the appeal has been determined or withdrawn.
128: Heading above section 20 amended
The heading above section 20 and temporary appointment powers for expiries and other vacancies
129: Effect of expiry of licence
Section 20(1) trustee or statutory
130: Licensee must apply for new licence or notify issuer or operator before licence expires
Section 21
1: A licensee appointed as a supervisor in respect of a debt security, registered scheme, or retirement village must, between 9 and 12 months before the expiry date of the licence,—
a: make an application under section 15 for a new licence that covers supervision of that debt security, scheme, or retirement village; or
b: notify the issuer of the debt security or managed investment products in the scheme or the operator of that retirement village (as the case may be) and the FMA, in writing, that the licensee does not intend to make the application referred to in paragraph (a)
131: Rejection of application for new licence: FMA may replace existing appointee
1: Section 22 FMA may make temporary appointment
2: Section 22
1: This section applies if—
a: all of the following are satisfied in relation to a supervisor in respect of a debt security or registered scheme or a statutory supervisor in respect of a retirement village (the existing appointee
i: the FMA rejects an application by the existing appointee for a new licence that covers supervision of the debt security, scheme, or retirement village; and
ii: the existing appointee no longer holds a licence that covers supervision of the debt security, registered scheme, or retirement village; and
iii: the existing appointee has not been replaced; or
b: the existing appointee wishes, at any time, to resign, ceases to carry on business, refuses to act as a supervisor, or is for any reason incapable of acting as a supervisor and the existing appointee has not been replaced; or
c: a debt security, a registered scheme, or a retirement village does not, for any reason, have a supervisor.
2: The FMA may,—
a: in the case of subsection (1)(a) or (b)
b: in any case, appoint a person (the FMA appointee
c: if the FMA considers it necessary or desirable in the circumstances, reappoint the FMA appointee (as an FMA appointee) to the position of supervisor of the debt security, registered scheme, or retirement village for a further period that the FMA thinks fit (and a reappointment under this paragraph may be made on 1 or more occasions).
3: Section 22(3) (2)(b) (2)(b) or (c)
4: Section 22
3A: The FMA's ability to set preconditions on requests to it under subsection (1)(b)
a: it is appropriate for the replacement of the existing appointee to be done under this section rather than by means of another power or process; and
b: the FMA appointee’s costs and charges (including for any appointment on a continuing basis referred to in subsection (9)(b)), and any costs of the FMA in connection with the appointment, will be met by the issuer or operator, under subsection (5)
c: a suitable bond has been, or will be, paid to secure—
i: the performance of any indemnity or other obligation in connection with the costs or changes referred to in paragraph (b)
ii: compliance with any other preconditions.
5: Section 22(4) of the security, or the operator of the retirement village, or the operator
6: Section 22
5: The issuer or operator must reimburse the FMA for—
a: the FMA appointee's costs and charges that are paid by the FMA; and
b: any costs of the FMA in connection with the appointment.
5A: An amount payable under subsection (5)
7: Section 22(6) under which the existing appointee was appointed relating to the debt security, registered scheme, or retirement village
8: Section 22(7)(b) of the security of the debt security or managed investment product
9: Section 22(9) Before the end of the 6-month appointment Before the appointment of the FMA appointee under subsection (2) finally comes to an end (taking into account any reappointment under subsection (2)(c))
10: Section 22(9)
b: appoint the FMA appointee as the supervisor on a continuing basis (provided that the FMA appointee holds a licence that covers supervision of the debt security, registered scheme, or retirement village).
11: Section 22
11: If the FMA appointee does not hold a licence, the FMA appointee must, for the purposes of the Financial Markets Conduct Act 2013 and the Retirement Villages Act 2003, be treated as holding a licence that covers supervision of the debt security, registered scheme, or retirement village (as the case may be).
132: Expiry of licence: issuer or operator may replace existing appointee or FMA appointee
1: The heading to section 23 Expiry of licence: issuer Issuer
2: Section 23
1: This section applies if—
a: the licence of a supervisor in respect of a debt security or registered scheme or of a statutory supervisor of a retirement village (the existing appointee
b: the existing appointee will, on the expiry of the licence, no longer hold a licence that covers supervision of the debt security, registered scheme, or retirement village.
2: For the purposes of subsection (1)(a)
a: the licensee has given notice in accordance with section 21(1)(b)
b: the FMA has given notice in accordance with section 18(3)(b) (notice that the FMA will not be issuing a new licence as proposed in the application).
3: Section 23(3) 22(2)(b) 22(2)(b) or (c)
4: Section 23
4: If the issuer of the debt security or managed investment products, or the operator of the retirement village, appoints a person (the new appointee
133: Expiry of licence: existing appointee must provide documents
1: The heading to section 24 Expiry of licence: existing Existing
2: Section 24
4: An existing appointee or an FMA appointee to whom a notice is given under subsection (1) or (2) must comply with the notice.
3: Section 24
6: A contravention of subsection (4) section 41
4: Section 24(7) existing appointee existing appointee
a: has the meaning given in section 22(1)(a) or 23(1)(a)
b: includes, in relation to an FMA appointee who is appointed in the circumstances referred to in section 22(1)(c)
134: FMA may vary licence because of material change of circumstances, etc
1: Section 30(1)(c)(iii) , 36, or 49 or 36
2: Section 30(1)(c)
iiia: fails to comply with a direction of the FMA under section 205
3: Section 30(3) a trustee or statutory supervisor in respect of securities a supervisor in respect of debt securities or registered schemes
135: FMA's powers if action plan not submitted, etc
1: Section 32(1)(c) , 36, or 49 or 36
2: Section 32(1)
ca: fails to comply with a direction of the FMA under section 205
136: Removal notice
1: Section 33
4: The removal of the existing appointee as supervisor in respect of an affected debt security or scheme, or as statutory supervisor of an affected retirement village, takes effect on the final removal date unless the existing appointee is removed from that appointment before that date (whether under section 38(1) or otherwise).
2: Section 33(5) affected person affected person
a: the issuer in respect of an affected debt security or scheme:
b: the operator of an affected retirement village
3: Section 33(5) affected security affected debt security or scheme
137: Removal notice: FMA may give direction to existing appointee
1: Section 36(1) trustee or statutory supervisor in respect of an affected security supervisor in respect of an affected debt security or scheme
2: Section 36
5: A person who refuses or fails, without reasonable excuse, to comply with a direction under subsection (1) commits an offence and is liable on conviction to a fine not exceeding $300,000.
138: Removal notice: FMA may replace existing appointee
1: Section 37(1) trustee or statutory
2: Section 37
1A: If the FMA considers it necessary or desirable in the circumstances, the FMA may reappoint the FMA appointee (as an FMA appointee) to the position of supervisor for a further period that the FMA thinks fit (and a reappointment under this subsection may be made on 1 or more occasions).
3: Section 37(2) subsection (1) subsection (1) or (1A)
4: Section 37(2) relevant issuer or operator affected person
5: Section 37
4: The affected person must reimburse the FMA for—
a: the FMA appointee's costs and charges that are paid by the FMA; and
b: any costs of the FMA in connection with the appointment.
4A: An amount payable under subsection (4)
5: The FMA appointee is bound by the terms of the governing document under which the existing appointee was appointed (subject to subsection (6)).
6: Section 37(6)(b) security debt security or managed investment products
7: Section 37(8) Before the end of the 6-month appointment Before the appointment of the FMA appointee under this section finally comes to an end (taking into account any reappointment under subsection (1A)
8: Section 37(8)
b: appoint the FMA appointee as the supervisor on a continuing basis (provided that the FMA appointee holds a licence that covers supervision of the debt security, registered scheme, or retirement village).
9: Section 37
10: If the FMA appointee does not hold a licence, the FMA appointee must, for the purposes of the Financial Markets Conduct Act 2013 and the Retirement Villages Act 2003, be treated as holding a licence that covers supervision of the debt security, registered scheme, or retirement village (as the case may be).
139: Replacement notice: affected person may replace existing appointee or FMA appointee
1: Section 38(1) trustee or statutory
2: Section 38(3) 6-month
140: Notice requiring documents: existing appointee, etc, must provide documents
1: Section 39(4)(b) and (6)(a) trustee or statutory supervisor in respect of the affected security supervisor in respect of the affected debt security or scheme
2: Section 39
5: An existing appointee, an FMA appointee, or a new appointee to whom a notice is given under any of subsections (1) to (3) must comply with the notice.
3: Section 39
7: A contravention of subsection (5) or (6) section 41
141: New heading and section 40A inserted
The following heading and section are inserted after section 40 FMA appointee's powers and duties
40A: FMA appointee has powers and duties of supervisor
1: An FMA appointee (whether appointed under section 22 or 37) has all of the powers and duties of the supervisor of the debt security, registered scheme, or retirement village that are conferred or imposed by the governing document or by law.
2: This section is subject to sections 22(7) and 37(6).
142: New section 41 substituted
Section 41
41: Pecuniary penalty orders
1: The High Court may, on application by the FMA, order a licensee or other person to pay a pecuniary penalty to the Crown if the court is satisfied that—
a: the licensee or other person has contravened section 6, 8, 24(4) or (5), or 39(5) or (6)
b: the licensee has contravened a licensee obligation.
2: In determining whether or not to make a pecuniary penalty order and (if an order is to be made) the amount of the penalty to be imposed, the court must have regard to all relevant matters, including—
a: the nature and extent of the contravention:
b: in the case of a contravention relating to a debt security or registered scheme, the likelihood, nature, and extent of any damage to the integrity or reputation of New Zealand's financial markets as a result of the contravention:
c: the nature and extent of any loss or damage suffered by product holders or residents because of the contravention:
d: the circumstances in which the contravention occurred:
e: whether or not the licensee or other person has previously contravened this Act or a licensee obligation:
f: the public benefit in encouraging prompt and honest self-reporting of breaches or possible breaches of licensee obligations:
g: any other circumstances that the court considers relevant.
3: The maximum amount of a pecuniary penalty under this section is $600,000.
4: If conduct by a person constitutes a contravention of 2 or more provisions referred to in subsection (1)
143: Compensation orders
Section 42
1: The High Court may, on application by the FMA, a product holder, or a resident, order a licensee to pay compensation to any product holder or resident (the aggrieved person
a: the licensee has contravened a licensee obligation; and
b: the aggrieved person has suffered, or is likely to suffer, loss or damage because of the contravention.
144: Part 3 repealed
Part 3
145: FMA may vary or cancel direction
Section 51(1) , 36, or 49 or 36
146: New section 52 substituted
Section 52
52: Protection for supervisor who complies with FMA's direction
1: No civil, criminal, or disciplinary proceedings may be brought against a supervisor in respect of a protected act.
2: No person may terminate the appointment of a supervisor by reason of a protected act.
3: No tribunal, body, or authority that has jurisdiction in respect of the professional conduct of a supervisor may make an order against, or do any act in relation to, the supervisor in respect of a protected act.
4: In this section, protected act 1989 No 157 s 157ZH
147: Regulations
Section 53(1)
aa: prescribing conditions that licences are subject to, including (without limitation) providing for conditions that require a licensee to accept an appointment as an FMA appointee under section 22 or 37: Transitional provisions
148: FMA may vary licences under Financial Markets Supervisors Act 2011
1: The FMA may, by written notice to a licensee, vary a licence if the FMA is satisfied that the variation is necessary or desirable in connection with the orderly implementation of the Financial Markets Conduct Act 2013
2: A power under subsection (1) may be exercised—
a: only on or before the date that is 2 years after the commencement of this section:
b: despite anything to the contrary in the principal Act.
3: The FMA may vary a licence under this section only if the FMA gives the licensee—
a: at least 10 working days' written notice of the following matters before the FMA varies the licence:
i: that the FMA may vary the licence; and
ii: the reasons why it is considering taking that action; and
b: an opportunity to make written submissions and to be heard on the matter within that notice period.
4: The notice under subsection (3) must state—
a: the FMA's reasons for varying the licence; and
b: the date on which the variation takes effect.
5: In this section and section 149 licence licensee
149: Appeal against licence decision
1: A licensee who is dissatisfied with the FMA's decision under section 148
2: A decision against which an appeal is lodged remains valid pending the determination of the appeal unless the court orders otherwise. Amendments to other enactments
150: Amendments to other enactments
The enactments specified in the Schedule OIC LI 2014/51 2014-04-01 Auditor Regulation Act 2011 Companies Act 1993 Financial Service Providers (Registration and Dispute Resolution) Act 2008 Summary Proceedings Act 1957 Takeovers Act 1993 Section 150 brought into force on 1 April 2014 for the purposes of the items listed in SR 2014/51/3(f) OIC LI 2014/325 2014-12-01 Accident Compensation Act 2001 Airport Authorities Act 1966 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Armed Forces Canteens Act 1948 Auditor Regulation Act 2011 Bank of New Zealand Officers' Provident Association Act 1971 Building Act 2004 Building Societies Act 1965 Charities Act 2005 Chartered Professional Engineers of New Zealand Act 2002 Children's Commissioner Act 2003 Commerce Act 1986 Companies Act 1993 Construction Contracts Act 2002 Co-operative Companies Act 1996 Crimes Act 1961 Crown Entities Act 2004 Crown Research Institutes Act 1992 Crown Retail Deposit Guarantee Scheme Act 2009 Dairy Industry Restructuring Act 2001 Defence Act 1990 Education Act 1989 Electoral Act 1993 Electricity Industry Act 2010 Energy Companies Act 1992 Estate and Gift Duties Act 1968 Films, Videos, and Publications Classification Act 1993 Finance Act (No 2) 1990 Financial Service Providers (Registration and Dispute Resolution) Act 2008 Financial Transactions Reporting Act 1996 Friendly Societies and Credit Unions Act 1982 Goods and Services Tax Act 1985 Government Superannuation Fund Act 1956 Health and Disability Commissioner Act 1994 Health Sector (Transfers) Act 1993 Housing Restructuring and Tenancy Matters Act 1992 Human Rights Act 1993 Human Rights Amendment Act 1994 Income Tax Act 2007 Independent Police Conduct Authority Act 1988 Insolvency Act 2006 Insurance Intermediaries Act 1994 Insurance (Prudential Supervision) Act 2010 Judicature Act 1908 Lawyers and Conveyancers Act 2006 Local Government Act 2002 Local Government (Auckland Council) Act 2009 Local Government Borrowing Act 2011 Mackelvie Trust Act 1958 Māori Language Act 1987 Maori Reserved Land Amendment Act 1997 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Masterton Trust Lands Act 2003 Methodist Charitable and Educational Trusts Act 1911 Motor Vehicle Sales Act 2003 Museum of New Zealand Te Papa Tongarewa Act 1992 National Heart Foundation of New Zealand Empowering Act 1970 National Provident Fund Restructuring Act 1990 National Provident Fund Restructuring Amendment Act 1997 New Zealand Antarctic Institute Act 1996 New Zealand Council for Educational Research Act 1972 New Zealand Horticulture Export Authority Act 1987 New Zealand Maori Arts and Crafts Institute Act 1963 New Zealand Public Health and Disability Act 2000 New Zealand Stock Exchange Restructuring Act 2002 New Zealand Superannuation and Retirement Income Act 2001 Ombudsmen Act 1975 Personal Property Securities Act 1999 Port Companies Act 1988 Privacy Act 1993 Property Law Act 2007 Property (Relationships) Act 1976 Public Finance Act 1989 Public Trust Act 2001 Racing Act 2003 Real Estate Agents Act 2008 Receiverships Act 1993 Remuneration Authority Act 1977 Reserve Bank of New Zealand Act 1989 Retirement Villages Act 2003 Royal Society of New Zealand Act 1997 Sale and Supply of Alcohol Act 2012 Social Security Act 1964 Sports Anti-Doping Act 2006 Stamp and Cheque Duties Act 1971 State Sector Act 1988 State Sector Amendment Act 1990 St John's College Trusts Act 1972 State-Owned Enterprises Act 1986 Takeovers Act 1993 Tarawera Forest Act 1967 Tax Administration Act 1994 Trustee Act 1956 Trustee Companies Act 1967 Veterinarians Act 2005 Wellington Methodist Charitable and Educational Trusts Act 1916 Winston Churchill Memorial Trust Act 1965 Anti-Money Laundering and Countering Financing of Terrorism (Definitions) Regulations 2011 Anti-Money Laundering and Countering Financing of Terrorism (Exemptions) Regulations 2011 Building Societies Regulations 1989 Climate Change (Unit Register) Regulations 2008 Deer Industry New Zealand Regulations 2004 Electricity (Statistics) Regulations 1996 Financial Advisers (Definitions, Voluntary Authorisation, Prescribed Entities, and Exemptions) Regulations 2011 Financial Service Providers (Exemptions) Regulations 2010 Gas Governance (Compliance) Regulations 2008 Gas (Information Disclosure) Regulations 1997 Gas (Statistics) Regulations 1997 Government Superannuation Fund (Ceasing Contributions) Regulations 1995 Health Entitlement Cards Regulations 1993 Lawyers and Conveyancers Act (Lawyers: Nominee Company) Rules 2008 Overseas Investment Regulations 2005 Public Trust Regulations 2002 Real Estate Agents (Duties of Licensees) Regulations 2009 Real Estate Agents (Licensing) Regulations 2009 Reserve Bank of New Zealand (Designated Settlement System—NZCDC) Order 2010 Securities Transfer (Approval of Austraclear New Zealand Electronic Registries Interface System) Order 2010 Securities Transfer (Approval of FASTER System) Order 2001 Securities Transfer (Approval of System for Electronic Transfer of Securities on Australian Stock Exchange) Order 1997 Social Security (Income and Cash Assets Exemptions) Regulations 2011 Social Security (Long-term Residential Care) Regulations 2005 Social Security (Temporary Additional Support) Regulations 2005 Trustee Companies (Group Investment Funds: Disclosure of Expenses and Management Fees) Regulations 2003 Financial Transactions Reporting Act 1996, insertion of new section 3(1)(h) is not yet in force. (see amends-note below which comes into force 2017-04-01 or earlier by OIC) 2017-04-01 Financial Transactions Reporting Act 1996 Financial Transactions Reporting Act 1996, insertion of new section 3(1)(h) is not yet in force. |
DLM3918902 | 2013 | Non-bank Deposit Takers Act 2013 | 1: Title
This Act is the Non-bank Deposit Takers Act 2013.
2: Commencement
1: This Act comes into force, except as provided in subsection (3), on the earlier of—
a: a date appointed by the Governor-General by Order in Council; and
b: 1 October 2017.
2: One or more Orders in Council may be made under subsection (1) appointing different dates for different provisions (and in this subsection provision Schedule 4
3: Subsections (2) and (4) of section 91 section 11
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(1)(a) brought into force 1 May 2014 clause 2 Non-bank Deposit Takers Act Commencement Order 2014 Section 2(1)(a) brought into force 1 December 2014 clause 2 Non-bank Deposit Takers Act Commencement Order (No 2) 2014 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purpose
The purpose of this Act is—
a: to promote the maintenance of a sound and efficient financial system; and
b: to avoid significant damage to the financial system that could result from the failure of an NBDT. 1989 No 157 s 157A
4: Interpretation
1: In this Act, unless the context otherwise requires,— approved rating agency section 86 associated person
a: a person that directly or indirectly controls the management of the NBDT; or
b: a person that has a direct or indirect qualifying interest in 20% or more of the voting securities issued by the NBDT; or
c: a person whose management is controlled, directly or indirectly, by the NBDT; or
d: a person in whose voting securities the NBDT has a direct or indirect qualifying interest of 20% or more Bank Reserve Bank of New Zealand Act 2021 borrowing group capital ratio debt security
a: a debt security within the meaning given in section 8
b: any other security declared by regulations to be a debt security for the purposes of this Act director
a: a person occupying a position of director by whatever name called; or
b: in the case of an entity that does not have directors as such, any trustee, manager, or other person who acts in relation to that entity in the same or a similar fashion as a director would act were that entity a company incorporated in New Zealand under the Companies Act 1993 document
a: any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds or from which symbols, images, or sounds can be derived, and includes—
i: a label, marking, or other writing which identifies or describes a thing of which it forms part, or to which it is attached; and
ii: a book, map, plan, graph, or drawing; and
iii: a photograph, film, or negative; and
b: information electronically recorded or stored, and information derived from that information governing body
a: in relation to a body corporate, the board of directors (or other persons or body exercising powers of management, however described) of the body corporate:
b: in relation to a trust, the trustees:
c: in relation to a unit trust, the manager:
d: in relation to a partnership, unincorporated joint venture, or other unincorporated body of persons, either—
i: the board of directors (or other persons or body exercising powers of management, however described) of the partnership, unincorporated joint venture, or other unincorporated body of persons; or
ii: if there is no board or other persons or body as described in subparagraph (i), the partners of the partnership or members of the unincorporated joint venture or other unincorporated body of persons governing document Governor section 82 96 guaranteeing subsidiary
a: is unconditionally liable (whether or not jointly or severally with the NBDT or any other person) to repay all the debt securities issued by the NBDT; or
b: is liable to repay all the debt securities issued by the NBDT subject only to the condition that the NBDT or any other person has failed to do so level 1 penalty section 64(4) level 2 penalty section 64(3) level 3 penalty section 64(2) level 4 penalty section 64(1) licence section 17 licensed NBDT
a: an NBDT that has been granted a licence and whose licence has not been cancelled; or
b: a person that has been granted a licence on the basis that it is not yet, but proposes to be, an NBDT, and whose licence has not been cancelled Minister NBDT section 5 NBDT regulated offer
a: means a regulated offer within the meaning of section 41
b: includes an offer of debt securities that would be a regulated offer within the meaning of that section if clause 3(2)(b) and (3)(a)
c: includes an offer of debt securities to the public in New Zealand to which the Securities Act 1978 Schedule 4 overseas person
a: a body corporate incorporated outside New Zealand; or
b: an unincorporated body that has its head office or principal place of business outside New Zealand qualifying interest
a: the legal or beneficial ownership of the security; or
b: the power to exercise, or control the exercise of, any voting rights attached to the security; or
c: the power to acquire or dispose of the security; or
d: the power to control the acquisition or disposition of the security by another person; or
e: the powers referred to in paragraphs (b) to (d) under, or by virtue of, any trust, agreement, arrangement, or understanding relating to the security regulations related party section 6 relative
a: the person’s spouse, civil union partner, or de facto partner; or
b: any parent, step-parent, brother, sister, child, or stepchild of the person; or
c: any parent, step-parent, brother, sister, child, or stepchild of the person’s spouse, civil union partner, or de facto partner senior officer
a: means a person occupying a position that allows the person to exercise significant influence over the management or administration of the NBDT (for example, a chief executive or a chief financial officer); and
b: includes any class or classes of persons declared by regulations to be senior officers for the purposes of this Act; but
c: does not include any class or classes of persons declared by regulations not to be senior officers for the purposes of this Act subsidiary
a: a subsidiary within the meaning of sections 5 to 8
b: a company, or body corporate, or association of persons that is classified as a subsidiary in any applicable financial reporting standard (as that term is defined in section 5(1) suitability concerns suitability notice section 15 trust deed
a: subpart 1
b: a condition under section 19(1)(fa)
c: the Securities Act 1978 trustee
a: means a licensed supervisor (within the meaning of the Financial Markets Conduct Act 2013) who is designated or appointed, by or under any of the following, as the trustee for any debt security offered by or on behalf of the NBDT:
i: a trust deed:
ii: an exemption granted under the Financial Markets Conduct Act 2013
iii: the Financial Markets Supervisors Act 2011:
iv: a condition under section 19(1)(fa)
b: includes a trustee (as defined in the Securities Act 1978 voting right
a: means a currently exercisable right to cast a vote at meetings of shareholders or members of that body; but
b: does not include a right to vote that is exercisable only in 1 or more of the following circumstances:
i: during a period in which a payment or distribution (or part of a payment or distribution) in respect of the security that confers the voting right is in arrears or some other default exists:
ii: on a proposal that affects rights attached to the security that confers the voting right:
iii: on a proposal to put the body into liquidation or voluntary administration:
iv: on a proposal for the disposal of the whole, or a material part, of the property, business, or undertaking of the body:
v: during the liquidation, receivership, voluntary administration, bankruptcy, or statutory management of the body; and
c: does not include a right to vote that is exercisable only for a special, immaterial, or remote matter that is inconsequential to the control of the body.
2: In this Act, offer of debt securities to the public offer of securities to the public section 3 1989 No 157 ss 2(1) 157B Section 4(1) Bank replaced 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 4(1) debt security amended 1 December 2014 section 95(1) Section 4(1) Governor replaced 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 4(1) NBDT regulated offer inserted 1 December 2014 section 95(3) Section 4(1) trust deed replaced 1 December 2014 section 95(3) Section 4(1) trustee replaced 1 December 2014 section 95(3)
5: NBDT defined
1: In this Act, NBDT
a: a person that—
i: makes an NBDT regulated offer of debt securities; and
ii: carries on the business of borrowing and lending money, or providing financial services, or both:
b: a person, or a member of a class of persons, that is declared by regulations made under section 73(1)(c)
c: a person that—
i: is, or has been at any time since this section came into force, an NBDT; and
ii: has debt securities that remain unpaid and that were offered under an NBDT regulated offer:
d: a person that—
i: was a deposit taker (as defined in section 157C
ii: has debt securities that were issued to the public in New Zealand before this section came into force and that remain unpaid.
2: Despite subsection (1), the following are not NBDTs:
a: a bank that is a registered bank under the Banking (Prudential Supervision) Act 1989
b: a local authority:
c: the Crown (as defined in the Public Finance Act 1989
d: an entity that is in receivership (provided that no debt securities are being offered under an NBDT regulated offer
e: an entity that is in liquidation (whether under Part 16
f: a person, or a member of a class of persons, declared by regulations made under section 73(1)(d) 1989 No 157 s 157C Section 5(1)(a)(i) replaced 1 December 2014 section 96(1) Section 5(1)(c)(ii) replaced 1 December 2014 section 96(2) Section 5(2)(a) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 5(2)(d) amended 1 December 2014 section 96(3)
6: Related party defined
1: A person ( person A related party
a: person A is a director or senior officer of the NBDT or of any of its guaranteeing subsidiaries:
b: person A is a relative of a director or senior officer of the NBDT or of any of its guaranteeing subsidiaries:
c: person A is a subsidiary of the NBDT or of any of its guaranteeing subsidiaries:
d: person A has a substantial interest in the NBDT or in any of its guaranteeing subsidiaries:
e: person A is a person in which the NBDT or any of its guaranteeing subsidiaries has a substantial interest:
f: another person with a substantial interest in the NBDT or any of its guaranteeing subsidiaries has a substantial interest in person A:
g: 40% or more of person A's governing body are the same persons as 40% or more of the governing body of—
i: the NBDT or any of its guaranteeing subsidiaries; or
ii: another person that has a substantial interest in the NBDT or any of its guaranteeing subsidiaries:
h: person A is a person, or a member of a class of persons, declared by regulations to be a related party.
2: In this section, a person ( person B substantial interest
a: person B has control, directly or indirectly, or significant influence over 25% or more of the composition of the governing body of the entity; or
b: where the entity is a company,—
i: person B owns, or in any way has the power to control, directly or indirectly, or has the right to acquire, 10% or more of the ordinary shares or the voting rights of the entity; or
ii: person B has, by any other means, 10% or more of the control of the entity; or
c: where the entity is not a company,—
i: person B is in a position to control, directly or indirectly, 10% or more of the voting rights in relation to the entity; or
ii: person B has, by any other means, 10% or more of the control of the entity. 1989 No 157 s 157B r 4
7: Bank's function under this Act
The function of the Bank under this Act is to act as the prudential regulator and licensing authority for NBDTs and to perform any other functions imposed by or under this Act.
8: Principles to take into account when exercising powers
When performing its functions and exercising its powers under this Act, the Bank must take into account the following principles:
a: the desirability of consistency in the treatment of similar institutions, regardless of matters such as their corporate form:
b: the importance of recognising—
i: that it is not the purpose of this Act to eliminate all risk in relation to the performance of NBDTs or to limit diversity among NBDTs; and
ii: that depositors are responsible for assessing risk in relation to potential investments and for their own investment choices:
c: the desirability of providing to depositors adequate information to enable them to assess risk in relation to potential investments and to distinguish between high-risk and low-risk NBDTs:
d: the desirability of sound governance of NBDTs:
e: the desirability of effective risk management by NBDTs:
f: the need to avoid unnecessary compliance costs:
g: the need to maintain competition within the NBDT sector. 1989 No 157 s 157F
9: Bank to have regard to directions about government policy objectives
Section 9 repealed 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
10: Act binds the Crown
This Act binds the Crown.
2: Licensing and prudential regulation
1: Licensing
11: NBDTs to be licensed
1: Every NBDT must be licensed.
2: A person that is an NBDT and is not a licensed NBDT commits an offence and is liable on conviction to a level 4 penalty.
3: See section 87
12: No holding out
1: A person that is not an NBDT must not, directly or indirectly, hold out that the person is an NBDT.
2: A person that is not licensed as an NBDT must not, directly or indirectly, hold out that the person is a licensed NBDT.
3: A person that breaches subsection (1) or (2) commits an offence and is liable on conviction to a level 4 penalty. Process for obtaining licence
13: Application for NBDT licence
1: Any person may apply to the Bank to be licensed as an NBDT.
2: Every application for a licence must—
a: be in a form, and include the information, specified by the Bank; and
b: include the prescribed application fee (if any); and
c: include a suitability notice for each director and senior officer, or proposed director or senior officer, of the applicant.
3: In sections 14 to 20 2010 No 111 ss 17 18
14: Determining applications for licence
1: The Bank must not grant a licence to an applicant unless—
a: the Bank is satisfied that the applicant, if licensed, would be able to comply, on an ongoing basis, with this Act and the regulations (having regard to any exemptions granted or likely to be granted under section 70
b: the Bank has received a suitability notice for each director and senior officer, or proposed director and senior officer, of the applicant and the Bank has issued a notice of non-objection in relation to any such person who raises suitability concerns.
2: In determining an application, the Bank must have regard to the following:
a: whether the applicant's ownership, and its incorporation and ownership structure, is appropriate having regard to the size and nature of the applicant's business or proposed business, or any part of the business or proposed business:
b: whether the applicant will be able to comply, on an ongoing basis, with all relevant requirements of the Financial Markets Conduct Act 2013 Securities Act 1978 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
c: whether any other activities or businesses carried on, or proposed to be carried on, by the applicant are compatible with the business of being an NBDT:
d: whether, in the case of an applicant that is an overseas person, the law and regulatory requirements of the applicant's home jurisdiction are satisfactory in relation to the following:
i: prudential supervision:
ii: the duties and powers of directors:
iii: the disclosure of financial and other information:
iv: the licensing, registration, or authorisation of the overseas person:
e: any other matters identified in regulations as matters to which the Bank must have regard.
3: Subsection (1) does not limit the grounds on which the Bank may otherwise refuse to grant a licence. 1989 No 157 ss 73 73A Section 14(2)(b) amended 1 December 2014 section 97
15: Requirements of suitability notices
1: A suitability notice
a: does not raise any suitability concerns; or
b: does raise 1 or more suitability concerns.
2: If a suitability notice states that the person named in it raises 1 or more suitability concerns, the notice must also—
a: identify the relevant suitability concern or concerns; and
b: include any other information required by the Bank to be included in such notices.
3: Every suitability notice must be signed,—
a: if the person named is a director or proposed director of the NBDT, by the person himself or herself; and
b: if the person named is a senior officer or proposed senior officer of the NBDT, by 2 directors of the NBDT.
4: Any person who signs a suitability notice and who knows, or ought to know, that the suitability notice is false or misleading in a material respect commits an offence and is liable on conviction to a level 3 penalty.
16: Dealing with suitability notices
1: When the Bank receives a suitability notice it may make whatever inquiries it thinks fit, including asking the person named in the notice, or any other person, to supply information or respond to queries, to assist the Bank to determine whether the person is unsuitable to be a director or senior officer (as the case may be) of the relevant NBDT.
2: If the suitability notice states that the person does not raise any suitability concerns, the Bank is entitled to rely on the certificate for the purpose of determining whether the person named is unsuitable to be a director or senior officer (as the case may be) of the NBDT, and may grant a licence without giving a notice of non-objection in respect of the person.
3: If a suitability notice states that the person raises 1 or more suitability concerns, the Bank must not grant a licence to the NBDT unless or until it gives a notice of non-objection in respect of the person.
4: The Bank may give a notice of non-objection in respect of a person who raises suitability concerns only if it is satisfied, after making inquiries, that the person is not unsuitable to be a director or senior officer (as the case may be) of the NBDT.
5: Subsection (4) applies whether the suitability concerns were identified in the suitability notice or came to the Bank's attention by any other means.
6: If, after making inquiries, the Bank is satisfied that a person named in a suitability notice is unsuitable to be a director or senior officer (as the case may be) of the NBDT, the Bank must notify the applicant that no licence will be granted to the applicant while the person is, or if the person becomes, a director or senior officer (as the case may be) of the NBDT.
7: Subsections (1) to (5) apply, with all necessary modifications, whenever the Bank is made aware that a person raises suitability concerns, and not just when a suitability notice is received in respect of a person in connection with an application for a licence.
17: Grant of licence
1: If the Bank grants a licence to an applicant, it must—
a: give written notice of the decision to the applicant; and
b: record the grant of the licence in the register of licensed NBDTs maintained under section 85
2: If the Bank refuses to grant a licence, it must give written notice to the applicant, along with a statement of the Bank's reasons for the refusal. 2010 No 111 s 25 Conditions of licence
18: Licence may be subject to conditions
1: An NBDT licence may be subject to conditions imposed by the Bank.
2: The Bank may impose conditions on a licence at the time it is granted, and may impose, amend, or remove licence conditions, in accordance with section 20
3: Every licensed NBDT must comply with the conditions of its licence.
4: A licensed NBDT commits an offence if it fails to comply with a condition of its licence and is liable on conviction to a level 3 penalty. 2010 No 111 ss 21 23
19: Kinds of licence conditions and their effect
1: The conditions of an NBDT licence may relate to any of the following:
a: the incorporation and ownership structure of the NBDT:
b: the suitability of the directors and senior officers of the NBDT, including requirements relating to the provision of suitability notices before appointment and the circumstances in which a director or senior officer may not be appointed or may be required to resign:
c: any of the prudential obligations of the NBDT, as set out in subpart 2
d: the credit exposure concentration and other risk exposures of the NBDT:
e: the size and nature of the NBDT's business or proposed business, or of any part of that business, including constraints on major acquisitions:
f: in the case of an NBDT that has not commenced operating as an NBDT, when, or the time within which, it must commence operating as an NBDT:
fa: in a case where subpart 1
g: any other matters prescribed by regulations.
2: The Bank may not impose a licence condition that operates, or has the same effect, as an exemption granted under section 70 1989 No 157 s 73 Section 19(1)(fa) inserted 1 December 2014 section 98
20: Changing or removing conditions
The Bank may not impose new or additional conditions on, or amend or remove the existing conditions of, an NBDT's licence unless—
a: the Bank gives the NBDT not less than 7 working days' notice in writing of the Bank's intention to do so; and
b: the notice contains, or is accompanied by, a statement of the Bank's reasons for its proposed action; and
c: the NBDT has a reasonable opportunity to make submissions to the Bank; and
d: the Bank has regard to those submissions. 1989 No 157 s 74 s 22 Cancellation of licence
21: Grounds for cancelling licence
The Bank may cancel a licence if it is satisfied—
a: that the licence was granted on the basis of information that was false or misleading in a material respect; or
b: that the licence holder is failing, or has failed, to comply with this Act or the regulations, or with relevant provisions of the Financial Markets Conduct Act 2013 Securities Act 1978 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
c: that the licence holder is failing, or has failed, to comply with 1 or more conditions of its licence; or
d: that the requirements of section 25
e: that the licence holder is no longer an NBDT; or
f: that the licence holder has been wound up, dissolved, or otherwise ceased to exist; or
g: that the licence holder is failing, or has failed, to comply with the terms of a trust deed relating to an offer or issue of debt securities; or
h: that the licence holder has requested cancellation and the Bank is satisfied that it no longer requires a licence; or
i: that any other matter, prescribed by regulations as a ground on which the Bank may cancel a licence, applies. Section 21(b) amended 1 December 2014 section 99
22: Procedure for cancelling licence
1: Before cancelling a licence, the Bank must send notice to the licence holder and the trustee of its intention to cancel the licence, and the notice—
a: must explain the reasons for the proposed cancellation; and
b: must specify the date by which any objections by the licence holder to the cancellation must be received by the Bank (which must be not less than 10 working days after the date of the notice).
2: The Bank must have regard to any objections received.
3: If the Bank cancels a licence, it must—
a: give written notice of the cancellation to the licence holder and the trustee; and
b: give public notice of the cancellation by publishing notice of it—
i: in 1 or more daily newspapers circulating in each of the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin; and
ii: on an Internet site maintained by or on behalf of the Bank.
4: Subsection (1) does not apply if the reason for the cancellation is that the licence holder has requested cancellation or has ceased to exist.
2: Prudential obligations
Credit ratings
23: Licensed NBDTs to have current credit rating
1: A licensed NBDT must have a current rating of its creditworthiness or, if required by regulations made under section 24
a: complies with the requirements prescribed by regulations made under section 24
b: is given by an approved rating agency.
2: A licensed NBDT that breaches this section commits an offence and is liable on conviction to a level 4 penalty. 1989 No 157 ss 157I 157ZR(a) 157ZX(1)
24: Regulations relating to credit ratings
1: The Governor-General may, by Order in Council, on the advice of the Minister given in accordance with a recommendation of the Bank, make regulations for either or both of the following purposes:
a: providing for the following matters in relation to ratings of creditworthiness required to be held by licensed NBDTs:
i: the type of rating (for example, whether it is a short-term or long-term rating):
ii: what the rating relates to (for example, whether it indicates the creditworthiness of an NBDT with respect to a specific financial obligation or applies to the NBDT’s overall creditworthiness):
b: requiring a licensed NBDT to have a rating of creditworthiness of the borrowing group of which it is part.
2: Regulations under this section are secondary legislation ( see Part 3 1989 No 157 s 157K The following table is small in size and has 3 columns that are grouped under the 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 24(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Governance requirements
25: Requirement for independent directors
1: If a licensed NBDT is a company, building society, or overseas company,—
a: the governing body of the NBDT must include at least 2 independent directors; and
b: the chairperson of the governing body of the NBDT must not be an employee of either the licensed NBDT or a related party.
2: In subsection (1), independent director
a: is not an employee of either the NBDT or a related party; and
b: is not a director of a related party other than a related party that is a guaranteeing subsidiary; and
c: does not, directly or indirectly, have a qualifying interest in more than 10% of the voting securities of the NBDT or a related party.
3: A licensed NBDT that breaches this section commits an offence and is liable on conviction to a level 3 penalty. 1989 No 157 s 157L(1)
26: Certain provisions in governing document of no effect
1: Any provision in the governing document of a licensed NBDT that permits a director of the NBDT to act otherwise than in what the director believes to be the best interests of the NBDT is of no effect.
2: Subsection (1) applies despite anything to the contrary in section 131 2010 No 111 s 221 Risk management programmes
27: Licensed NBDTs to have and comply with risk management programme
1: Every licensed NBDT must have a risk management programme that complies with subsection (2) and must take all practicable steps to comply with that programme.
2: The risk management programme must—
a: be in writing; and
b: set out the procedures that the NBDT will use for effectively identifying and managing the following risks:
i: credit risk:
ii: liquidity risk:
iii: market risk:
iv: operational risk; and
c: set out appropriate documentation and record-keeping requirements; and
d: describe the steps that the NBDT will take to ensure that the programme remains current, which must include procedures for—
i: regular review of the programme to systematically identify deficiencies in the effectiveness of the programme; and
ii: obtaining trustee approval to amendments to the programme that are necessary to address such deficiencies; and
e: be appropriate to the operations of the NBDT, having regard to the factors relevant to the risks referred to in paragraph (b) (for example, the size of the NBDT, its funding structure, the market sector in which it operates, its business strategy, and its relationship with its borrowing group).
3: The Bank may issue, in the manner that the Bank
4: A licensed NBDT that breaches this section commits an offence and is liable on conviction to a level 3 penalty. 1989 No 157 ss 157M 157ZR(c) Section 27(3) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
28: Trustee role in risk management programmes
1: Every licensed NBDT must submit a copy of its risk management programme for trustee approval.
2: As soon as practicable after it receives a copy of a risk management programme, a trustee must inform the NBDT whether it is satisfied that the risk management programme meets the requirements in section 27(2)
3: If a trustee is not satisfied that the risk management programme meets the requirements in section 27(2)
a: the trustee may require the NBDT to amend the programme and to resubmit the programme for trustee approval within any reasonable time that the trustee may specify; and
b: the NBDT must amend the programme and resubmit it for trustee approval.
4: A licensed NBDT that breaches this section commits an offence and is liable on conviction to a level 3 penalty. 1989 No 157 ss 157N 157ZR(d)
29: Risk management programmes to be reviewed
1: A trustee may require a licensed NBDT to have its risk management programme reviewed and reported on, in a specified manner, at the cost of the NBDT, within any reasonable time that the trustee may specify.
2: A review required under this section may, without limitation, include a review of the risk management programme itself, or of the manner in which it is being implemented or operated.
3: The NBDT must comply with a requirement of a trustee under subsection (1) within the time specified by the trustee.
4: A licensed NBDT that breaches this section commits an offence and is liable on conviction to a level 3 penalty. 1989 No 157 ss 157O 157ZR(e) Minimum capital requirements
30: Regulations relating to minimum capital requirements
1: The Governor-General may, by Order in Council, on the advice of the Minister given in accordance with a recommendation of the Bank, make regulations for the purpose of imposing a requirement that licensed NBDTs and trustees ensure that trust deeds set out the minimum capital that licensed NBDTs, borrowing groups, or both are required to maintain.
2: Regulations made under this section may require trust deeds to set out a minimum amount of capital that licensed NBDTs, borrowing groups, or both are required to maintain.
3: Regulations made under this section may also do any of the following:
a: provide that the amount of minimum capital specified in trust deeds must be not less than an amount prescribed in the regulations:
b: require that trust deeds define capital for the purpose of calculating the minimum capital required:
c: specify a definition of capital for that purpose.
4: Regulations under this section are secondary legislation ( see Part 3 1989 No 157 s 157P The following table is small in size and has 3 columns that are grouped under the 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 30(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
31: Ensuring minimum capital requirements included in trust deeds
1: Every licensed NBDT and trustee must comply with any requirement imposed by regulations made under section 30
2: A licensed NBDT that breaches this section commits an offence and is liable on conviction to a level 3 penalty.
3: A trustee that breaches this section commits an offence and is liable on conviction to a level 1 penalty. 1989 No 157 ss 157Q 157ZR(f) 157ZW(1)(a) 157ZX
32: Licensed NBDTs to maintain not less than minimum capital prescribed
1: Every licensed NBDT must maintain minimum capital of not less than the amount (if any) prescribed by a trust deed in compliance with regulations made under section 30
2: A licensed NBDT that breaches this section commits an offence and is liable on conviction to a level 3 penalty. 1989 No 157 ss 157R 157ZR(g) Capital ratio requirements
33: Regulations relating to capital ratios
1: The Governor-General may, by Order in Council, on the advice of the Minister given in accordance with a recommendation of the Bank, make regulations for the purpose of imposing a requirement that licensed NBDTs and trustees ensure that trust deeds include a capital ratio, calculated in accordance with a prescribed framework, that the NBDT must maintain.
2: Regulations made under this section may do 1 or more of the following:
a: provide for the capital ratio to be calculated in respect of either or both of the following:
i: the licensed NBDT:
ii: any borrowing group of which a licensed NBDT is part:
b: provide for the capital ratio to be set at a specified minimum level for particular licensed NBDTs or classes of licensed NBDTs:
c: prescribe the framework in accordance with which the capital ratio must be calculated:
d: provide for variation (whether as to content or otherwise) of the framework to apply to particular licensed NBDTs or classes of licensed NBDTs.
3: Regulations under this section are secondary legislation ( see Part 3 1989 No 157 s 157S The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 33(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
34: Ensuring capital ratio included in trust deeds
1: Every licensed NBDT and trustee must comply with any requirement imposed by regulations made under section 33
2: A licensed NBDT that breaches this section commits an offence and is liable on conviction to a level 3 penalty.
3: A trustee that breaches this section commits an offence and is liable on conviction to a level 1 penalty. 1989 No 157 ss 157T 157ZR(h) 157ZW(1)(b) 157ZX
35: Licensed NBDTs to maintain required capital ratio
1: Every licensed NBDT must maintain any capital ratio that is required to be included in trust deeds by regulations made under section 33
2: A licensed NBDT that breaches this section commits an offence and is liable on conviction to a level 3 penalty. 1989 No 157 ss 157U 157ZR(i) Restrictions on related party exposures
36: Regulations relating to exposure to related parties
1: The Governor-General may, by Order in Council, on the advice of the Minister given in accordance with a recommendation of the Bank, make regulations for the purpose of imposing a requirement that licensed NBDTs and trustees ensure that trust deeds include a maximum limit on exposures to related parties.
2: Regulations made under this section may do any of the following:
a: provide that the maximum limit on exposures to related parties is relative to—
i: the capital of an individual licensed NBDT; or
ii: the capital of the borrowing group of which a licensed NBDT is part:
b: provide that the maximum limit on exposures to related parties applies in respect of exposures of individual licensed NBDTs or any borrowing group of which a licensed NBDT is part:
c: require every licensed NBDT and trustee to ensure that trust deeds include a specified maximum limit on exposures to related parties:
d: require every licensed NBDT and trustee to ensure that trust deeds include a maximum limit on exposures to related parties that is fixed by agreement between the licensed NBDT and trustee ( see section 79
3: If subsection (2)(d) applies, the regulations must specify the framework (for example, covering matters as to the identification and measurement of credit exposures) in accordance with which licensed NBDTs and trustees must fix the maximum agreed limit.
4: Regulations under this section are secondary legislation ( see Part 3 1989 No 157 s 157V The following table is small in size and has 3 columns that are grouped under the 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 36(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
37: Ensuring maximum limit on related party exposures included in trust deeds
1: Every licensed NBDT and trustee must comply with any requirement imposed by regulations made under section 36
2: A licensed NBDT that breaches this section commits an offence and is liable on conviction to a level 3 penalty.
3: A trustee that breaches this section commits an offence and is liable on conviction to a level 1 penalty. 1989 No 157 ss 157X 157ZR(j) 157ZW(1)(c) 157ZX
38: Licensed NBDT not to exceed maximum limit on related party exposures
1: A licensed NBDT must not exceed any maximum limit on exposures to related parties required by regulations made under section 36
2: A licensed NBDT that breaches this section commits an offence and is liable on conviction to a level 3 penalty. 1989 No 157 ss 157Y 157ZR(k) Liquidity requirements
39: Regulations relating to liquidity requirements
1: The Governor-General may, by Order in Council, on the advice of the Minister given in accordance with a recommendation of the Bank, make regulations for the purpose of imposing a requirement that licensed NBDTs and trustees must ensure that trust deeds include liquidity requirements.
2: Regulations made under this section may, in relation to the liquidity requirements to be included in trust deeds, prescribe 1 or more of the following:
a: assets that qualify as liquid assets for the purposes of the regulations:
b: minimum amounts of liquid assets relative to liabilities that must be maintained by licensed NBDTs:
c: requirements concerning matching maturity of assets and liabilities:
d: requirements in respect of a licensed NBDT that require the liquidity of the borrowing group of which it is part to be taken into account:
e: other measures relating to liquidity management, including the management of stress situations.
3: Regulations under this section are secondary legislation ( see Part 3 1989 No 157 s 157Z The following table is small in size and has 3 columns that are grouped under the 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 39(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
40: Ensuring liquidity requirements included in trust deeds
1: Every licensed NBDT and trustee must comply with any requirement prescribed by regulations made under section 39
2: A licensed NBDT that breaches this section commits an offence and is liable on conviction to a level 3 penalty.
3: A trustee that breaches this section commits an offence and is liable on conviction to a level 1 penalty. 1989 No 157 ss 157ZA 157ZR(l) 157ZW(1)(d) 157ZX
41: Licensed NBDTs to comply with liquidity requirements
1: Every licensed NBDT must comply with the liquidity requirements required to be included in the trust deed by regulations made under section 39
2: A licensed NBDT that breaches this section commits an offence and is liable on conviction to a level 3 penalty. 1989 No 157 ss 157ZB 157ZR(m)
3: Other obligations
Notifying Bank of suitability concerns
42: Directors' obligation on becoming aware of suitability concerns
1: As soon as a director of a licensed NBDT becomes aware that any director or senior officer of the NBDT raises, or may raise, any suitability concerns, the director must notify the Bank of that fact or possibility.
2: Notification under this section must be treated by the Bank as if it were a suitability notice that identifies that the person named in it raises suitability concerns, and subsections (1), (4), and (5) of section 16
3: After making inquiries, the Bank may either issue a notice of non-objection in relation to the person, or must advise the licensed NBDT that it does not intend to issue a notice of non-objection in relation to the person.
4: A director of a licensed NBDT commits an offence if he or she fails to notify the Bank, as soon as he or she becomes aware, or ought to be aware, that a director or senior officer of the NBDT raises suitability concerns, and is liable on conviction to a level 3 penalty. Consent for changes of ownership
43: Bank's consent for change of ownership
1: A person must obtain the written consent of the Bank before giving effect to a transaction that will result, after completion of the transaction, in—
a: the person increasing the person's level of influence over a licensed NBDT such that the person will—
i: have the ability, directly or indirectly, to appoint 25% or more of the members of the governing body of the NBDT; or
ii: have a direct or indirect qualifying interest in 20% or more of the voting securities issued or allotted by the NBDT; or
b: in the case of a person who, with the consent of the Bank, already has at least the level of influence described in paragraph (a), an increase in the person's level of influence beyond the level permitted by the existing consent; or
c: in the case of a person who, at the time the NBDT became licensed, had at least the level of influence over an NBDT described in paragraph (a), an increase in the person's level of influence beyond the level existing at that time.
2: The Bank may, in giving its consent,—
a: specify the level of influence (in terms of the matters referred to in subsection (1)(a)) that a person may have or acquire over a licensed NBDT without the need for further consent; and
b: impose any terms and conditions on the consent that the Bank thinks fit.
3: Nothing in this section invalidates any contract, or transfer of ownership, made in contravention of this section.
4: A person who fails to comply with subsection (1), or who fails to comply with the terms and conditions of any consent given under this section, commits an offence and is liable on conviction to a level 2 penalty. 1989 No 157 ss 77A 77B Additional obligations of trustees to Bank
44: Bank may require trustee to attest to licensed NBDT’s compliance
1: The Bank may require a trustee to attest to the Bank, at a time and in a manner specified by the Bank, as to whether it is satisfied that a licensed NBDT in relation to which it is a trustee is complying with this Act and the regulations.
2: If the Bank requires a trustee to attest under this section, the trustee must either—
a: provide that attestation; or
b: if the trustee is not able to attest to the Bank as required, report the reason, including the details of any non-compliance or suspected non-compliance by the licensed NBDT.
3: A trustee that breaches this section commits an offence and is liable on conviction to a level 1 penalty. 1989 No 157 ss 157ZE 157ZW(1)(e) 157ZX
45: Trustee to report to Bank on licensed NBDT non-compliance
1: Every trustee must, as soon as practicable, report to the Bank if it has reasonable grounds to believe that a licensed NBDT is failing, has failed, or is likely to fail, to comply in a material respect with this Act or the regulations.
2: A trustee that breaches this section commits an offence and is liable on conviction to a level 1 penalty. 1989 No 157 ss 157ZF 157ZW(1)(f) 157ZX(4)
46: Trustees to disclose certain information about licensed NBDTs to Bank
1: This section applies if a trustee, in the course of or in connection with the performance of its functions as trustee in relation to a licensed NBDT, becomes aware of information on the basis of which the trustee could reasonably form an opinion that—
a: the NBDT is unable to pay its debts as they become due in the normal course of business; or
b: the value of the NBDT’s assets is less than the value of its liabilities, including contingent liabilities; or
c: it is likely that—
i: the NBDT will be unable to pay its debts as they become due in the normal course of business; or
ii: the value of the NBDT’s assets will be less than the value of its liabilities, including contingent liabilities; or
d: the NBDT has breached, or is likely to breach, in a material respect,—
i: the terms of a trust deed; or
ii: the terms of any offer of debt securities to which a trust deed relates.
2: If this section applies, the trustee must, as soon as practicable, disclose to the Bank all information held by the trustee that is relevant to the matter referred to in subsection (1) and obtained in the course of, or in connection with, the performance of its functions as trustee.
3: A trustee that breaches this section commits an offence and is liable on conviction to a level 1 penalty. 1989 No 157 ss 157ZG(1), (3) 157ZW(1)(g) 157ZX(4)
3: Monitoring and enforcement
Provision of information to Bank
47: Bank may require information, etc, from licensed NBDT
1: The Bank may, by notice in writing to a licensed NBDT, require the NBDT to supply to the Bank any information, data, or forecasts about any of the following matters as they relate to the NBDT or its guaranteeing subsidiaries:
a: corporate matters:
b: financial matters:
c: prudential matters:
d: any other matters relating to the business, operation, or management of the NBDT or its guaranteeing subsidiaries.
2: The notice may require information, data, or forecasts relating to any business carried on by the NBDT or its guaranteeing subsidiaries, whether the business is carried on in New Zealand or elsewhere.
3: The notice may also require any or all of the information, data, or forecasts to—
a: be in consolidated form; and
b: be audited, or reviewed in a specified manner, by a person approved by the Bank; and
c: relate to specified periods; and
d: be supplied by a specified time, or within a specified period; and
e: be provided in a specified form; and
f: be provided to a specified place.
4: A licensed NBDT commits an offence if it fails to comply with a notice given under this section and is liable on conviction to a level 3 penalty. 1989 No 157 ss 93 93B 94
48: Bank may require information, etc, from associated persons
1: The Bank may, by notice in writing to an associated person of a licensed NBDT, require the associated person to supply to the Bank any information, data, or forecasts about any of the following matters as they relate to the associated person:
a: corporate matters:
b: financial matters:
c: prudential matters:
d: any other matters relating to the business, operation, or management of the associated person.
2: The notice may require information, data, or forecasts relating to any business carried on by the associated person, whether the business is carried on in New Zealand or elsewhere.
3: Section 47(3)
4: An associated person commits an offence if it fails to comply with a notice given under this section and is liable on conviction to a level 3 penalty. 1989 No 157 ss 93A 93B
49: Bank may require reports for investigation purposes
1: For the purpose of investigating whether a licensed NBDT is complying with this Act or the regulations, the Bank may, by notice to the NBDT or any associated person, require the NBDT or associated person to supply the Bank with a report (which may comprise a series of reports), prepared by an approved person, on matters relating to the business, operation, or management of the NBDT or any associated person.
2: The NBDT or associated person must provide the approved person with access to its accounting and other records and must supply information relating to those records if the approved person requests the NBDT or associated person to do so for the purposes of the report.
3: The NBDT or associated person is liable for the cost of every report that it is required to supply to the Bank under this section.
4: In this section, approved person
5: A licensed NBDT or an associated person commits an offence, and is liable on conviction to a level 3 penalty, if it—
a: fails to supply a report to the Bank if required to do so under this section; or
b: fails to provide access to its accounting and other records, or fails to provide information relating to those records, if requested to do so for the purposes of a report under this section. 1989 No 157 ss 157ZI 157ZS(a), (b) s 126(2)
50: Bank may require trustee to provide information about licensed NBDTs
1: If the Bank, by notice in writing to a trustee, requires the trustee to obtain information from a licensed NBDT relating to the business, operation, or management of the NBDT, the trustee—
a: is, despite anything in any enactment, instrument, or rule of law, entitled to require the NBDT to supply the trustee with that information; and
b: must require the NBDT to supply the information; and
c: must supply any information so provided to the Bank.
2: A trustee that fails to comply with subsection (1)(b) or (c) commits an offence and is liable on conviction to a level 1 penalty. 1989 No 157 ss 157ZG(2) 157ZW(1)(g) 157ZX Powers where offence suspected
51: Bank may require information if offence suspected
1: If the Bank has reasonable cause to believe that a licensed NBDT or an associated person has committed an offence under this Act, the Bank may, by notice in writing, do either or both of the following:
a: require the NBDT or associated person to supply to the Bank the information, documents, or things specified in the notice, within the time specified in the notice:
b: appoint a suitably qualified person to enter and search a place under a warrant issued under section 52
2: A licensed NBDT or associated person that fails to comply with a notice given under subsection (1)(a) commits an offence and is liable on conviction to a level 3 penalty. 1989 No 157 ss 157ZJ 157ZK 157ZS(c)
52: Power to enter and search
1: A person appointed under section 51(1)(b)
a: the occupier of the place consents; or
b: he or she obtains a warrant under this section.
2: An issuing officer (within the meaning of section 3(1) section 51(1)(b) subpart 3
a: to suspect that a person is committing or has committed an offence under this Act; and
b: to believe that a search will find evidential material at the place.
3: The provisions of Part 4 sections 118 119 2010 No 111 s 132 Provisions about information disclosed
53: Privileges where information required to be disclosed
1: If a person could, in a criminal proceeding, assert a privilege under sections 54 to 57
a: a request under section 49(2)
b: a notice under section 51(1)(a)
2: A person who has a privilege under this section has the right—
a: to refuse to disclose a communication or information to which the privilege would apply if it were sought to be disclosed in a criminal proceeding; and
b: to prevent the search of any such communication or information; and
c: to require the return of such communication or information if it is seized by a person exercising a power of search pending determination of the claim to privilege.
3: If a person refuses to disclose a communication or information on the ground that it is privileged under this section, the Bank
4: A District Court Judge may, on the application of the Bank section 67(1)
5: Subsection (6) applies to documents that are books of account or accounting records referred to in section 55(1)
6: The application by subsection (1) of section 54
a: the issue of, or the obligation to comply with, a notice under section 51(1)(a)
b: the admissibility, in a criminal proceeding under this Act, of any evidence that relates to the contents of a document obtained as a result of a notice under section 51(1)(a)
7: Section 65
8: Nothing in this section affects the application of section 60 1989 No 157 s 157ZN Section 53(3) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 53(4) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
54: Confidentiality of information
1: This section applies to—
a: information supplied or disclosed to, or obtained by,—
i: the Bank, under or for the purposes of, or in connection with, the exercise of powers conferred by this Act; and
ii: any person appointed by the Bank under section 51(1)(b)
b: information derived from, or based on, information referred to in paragraph (a):
c: information relating to the exercise, or possible exercise, of the powers conferred by this Act.
2: The Bank, any employee of the Bank, and any person appointed by the Bank under section 51(1)(b)
a: with the consent of the person to whom the information relates; or
b: in statistical or summary form, arranged in a manner that prevents any information published or disclosed from being identified by any person as relating to a particular person; or
c: to the extent that the information is available to the public under any Act (other than the Official Information Act 1982
d: for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed on the Bank by this Act or any other legislation; or
da: under subpart 3
e: in connection with any proceedings for an offence against this Act; or
f:
g: to a trustee of the NBDT to whom the information relates; or
h: to any person who the Bank is satisfied has a proper interest in receiving the information.
3: A person to whom information to which this section applies is published or disclosed under subsection (2)(d) must not publish, disclose, or use the information except—
a: for the purposes of, or in connection with, the performance or exercise of any function, power, or duty referred to in that paragraph; or
b: in accordance with any conditions that may be specified by the Bank.
4: Information to which this section applies must not be published or disclosed under subsection (2)(g) or (h) unless the Bank is satisfied that satisfactory provision exists to protect the confidentiality of the information published or disclosed.
5: A person to whom information to which this section applies is disclosed under subsection (2)(g)
a: authorised by the Bank; or
b: necessary or desirable in connection with the exercise of any function or power conferred by any enactment.
6: A person who breaches this section commits an offence and is liable on conviction to a level 2 penalty. 1989 No 157 ss 105(2) 157ZO 157ZP Section 54(2)(d) replaced 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 54(2)(da) inserted 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 54(2)(f) repealed 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 54(3)(a) replaced 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 54(5) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
55: Application of Official Information Act 1982
Nothing in the Official Information Act 1982 section 54 1989 No 157 ss 105(8) 157ZQ Power to give directions
56: Bank directions to licensed NBDTs and associated persons
1: The Bank may give a licensed NBDT or an associated person a direction under this section if the Bank has reasonable grounds to believe any of the following:
a: that the NBDT or any associated person is unable, or likely to be unable, to pay its debts as they become due in the normal course of business:
b: that the NBDT or any associated person, or any director or senior officer of the NBDT or any associated person, is failing, has failed, or is likely to fail, to comply with—
i: this Act or the regulations; or
ia: the Financial Markets Conduct Act 2013
ii: the Securities Act 1978
iii: any condition of the NBDT's licence:
c: that the circumstances of the NBDT or any associated person, or the manner in which the affairs of the NBDT or associated person are being conducted, are prejudicial to the solvency of the NBDT or its ability to comply with the things listed in paragraph (b).
2: A direction to an NBDT under this section may require the NBDT to do any of the following:
a: consult with the Bank, at the times and in the manner specified by the Bank, about the circumstances of the NBDT or any associated person, or about the methods of resolving any financial or other difficulties facing the NBDT or any associated person:
b: take any specified action to address any circumstances of financial or other difficulties of the NBDT or any associated person:
c: take, or refrain from taking, any specified action to address a failure, or potential failure, by the NBDT or any associated person to comply with the things listed in subsection (1)(b):
d: ensure that any senior officer or other employee of the NBDT ceases to take part in the management or conduct of the NBDT's business, except with the permission of the Bank and so far as that permission extends:
e: suspend or cease carrying on any part of its business:
f: carry on its business, or any part of its business, in accordance with the direction:
g: replace its auditor with an auditor approved by the Bank (in which case the NBDT has the power to give effect to the direction despite any enactment, rule of law, or the governing document of the NBDT).
3: A direction to an associated person under this section may require the associated person to do any of the following:
a: consult with the Bank, at the times and in the manner specified by the Bank, about the circumstances of the NBDT or the associated person, or about the methods of resolving any financial or other difficulties facing the NBDT or the associated person:
b: take any specified action to address any circumstances of financial or other difficulties of the NBDT or the associated person:
c: take, or refrain from taking, any specified action to address a failure, or potential failure, by the NBDT or the associated person to comply with the things listed in subsection (1)(b):
d: ensure that any senior officer or other employee of the associated person ceases to take part in the management or conduct of its business, except with the permission of the Bank and so far as that permission extends:
e: suspend or cease carrying on any part of its business:
f: carry on its business, or any part of its business, in accordance with the direction:
g: replace its auditor with an auditor approved by the Bank (in which case the associated person has the power to give effect to the direction despite any enactment, rule of law, or the governing document of the associated person). 1989 No 157 ss 113 113A ss 143–146 Section 56(1)(b)(ia) inserted 1 December 2014 section 100
57: Bank directions to trustees
1: The Bank may give a direction under this section to a trustee of a licensed NBDT if it has reasonable grounds to believe that the NBDT or the trustee is failing, has failed, or is likely to fail to comply with this Act or the regulations.
2: A direction under this section may require a trustee to do any of the following:
a: consult with the Bank, at the times and in the manner specified by the Bank, about the circumstances of the NBDT or trustee and the actions or proposed actions of the NBDT or trustee:
b: make changes to a trust deed:
c: arrange for a review and report on the NBDT's risk management programme.
58: Miscellaneous matters relating to directions
1: A direction given under section 56 57
2: A direction to a licensed NBDT, associated person, or trustee is taken to have been given on delivery to the head office, registered office, principal place of business in New Zealand, or address for service of the NBDT, associated person, or trustee (as the case may be). 1989 No 157 s 116(1) s 147
59: Obligation to comply with directions
1: Every person to whom a direction is given under section 56 57
2: A person (other than a trustee) commits an offence, and is liable on conviction to a level 4 penalty, if the person—
a: fails to comply with a direction given under section 56
b: obstructs, hinders, or prevents an NBDT, associated person, or trustee from giving effect to a direction under this subpart.
3: A trustee commits an offence, and is liable on conviction to a level 1 penalty, if the trustee—
a: fails to comply with a direction given under section 57
b: obstructs, hinders, or prevents an NBDT, associated person, or trustee from giving effect to a direction under this Part. 1989 No 157 s 114 s 148 Power to remove or appoint directors
60: Bank's powers to remove or appoint directors of licensed NBDTs and associated persons
1: The Bank may remove a director of a licensed NBDT, by notice in writing to the director, if—
a: any of the following apply and, in the opinion of the Bank, it is necessary to remove or replace the director:
i: the NBDT or any associated person is unable, or likely to be unable, to pay its debts as they become due in the normal course of business:
ii: the director has failed, or is failing, or is likely to fail, to comply with this Act or the regulations:
iii: the circumstances of the NBDT or any associated person, or the manner in which its affairs are being conducted, are prejudicial to the solvency of the NBDT or its ability to comply with this Act, the regulations, the Financial Markets Conduct Act 2013 Securities Act 1978
b: a suitability notice given in respect of the director was false or misleading in a material respect; or
c: the director raises suitability concerns and the Bank has not issued a notice of non-objection for the person in respect of that position; or
d: the information on which the Bank issued a notice of non-objection in relation to the director was false or misleading in a material respect; or
e: since the NBDT was granted a licence, or since the director was appointed, any 1 or more of the suitability concerns applies to the director and the Bank does not propose to issue a notice of non-objection in relation to the director.
2: The Bank may, by notice to a person, appoint the person as a director of a licensed NBDT if—
a: the Bank has exercised, or is exercising, the power in subsection (1) to remove a director and it is necessary to appoint a person to replace the removed director; or
b: in the opinion of the Bank, it is necessary to appoint a person as an additional director because—
i: the NBDT is failing or has failed to comply with this Act or the regulations; or
ii: either of the grounds in subsection (1)(a)(i) or (iii) applies.
3: The Bank may remove a director of an associated person of a licensed NBDT, by notice in writing to the director, if any of the following apply and it is necessary, in the opinion of the Bank, to remove or replace the director:
a: the NBDT or associated person is unable, or likely to be unable, to pay its debts as they become due in the normal course of business:
b: the director has failed, or is failing, or is likely to fail, to comply with this Act or the regulations:
c: the circumstances of the associated person, or the manner in which its affairs are being conducted, are prejudicial to the solvency of the NBDT or its ability to comply with this Act, the regulations, the Financial Markets Conduct Act 2013 Securities Act 1978
4: The Bank may, by notice to a person, appoint the person as an additional director of an associated person if—
a: the Bank has exercised, or is exercising, the power in subsection (3) to remove a director and it is necessary to appoint a person to replace the removed director; or
b: in the opinion of the Bank, it is necessary to appoint a person as an additional director because—
i: the associated person is failing or has failed to comply with this Act or the regulations; or
ii: either of the grounds in subsection (3)(a) or (c) applies.
5: Subsections (1) to (4) do not apply in respect of a director of an overseas person.
6: This section has effect despite any enactment, rule of law, or the terms of the governing document of the NBDT or associated person. 1989 No 157 s 113B s 149(5) Section 60(1)(a)(iii) amended 1 December 2014 section 101 Section 60(3)(c) amended 1 December 2014 section 101
61: Procedures for removal and appointment of directors
1: The Bank must not exercise the power in section 60(1) or (3)
a: the Bank has given notice in writing of the Bank's intention to exercise the power to—
i: the director who is to be removed; and
ii: the licensed NBDT or associated person of which the person is a director; and
iii: if a director of a licensed NBDT is being removed, the trustee of the NBDT; and
b: the notice sets out the reasons for the proposed action; and
c: the director and the relevant NBDT or associated person have a reasonable opportunity to make submissions to the Bank; and
d: the Bank has regard to those submissions.
2: The Bank must not exercise the power in section 60(2) or (4)
a: the Bank has given notice in writing of the Bank's intention to the licensed NBDT or associated person to whom the director is to be appointed; and
b: the notice sets out the reasons for the proposed action; and
c: the NBDT or associated person has a reasonable opportunity to make submissions to the Bank; and
d: the Bank has regard to those submissions; and
e: the person whom the Bank proposes to appoint agrees to the appointment.
3: On exercising a power under section 60
a: in the case of a director of a licensed NBDT, the NBDT and the trustee; and
b: in the case of a director of an associated person, the associated person and the licensed NBDT; and
c: the Registrar of Companies or, in the case of a non-company NBDT or associated person whose director is being removed or appointed, whichever other registrar (if any) is appropriate.
4: A notice given under subsection (3)(c) with respect to the appointment of a director is sufficient compliance with section 159 section 152 1989 No 157 s 113B Appeals relating to directors and senior officers
62: Appeal against Bank decisions on suitability
1: Any of the following may appeal to the High Court against any decision of the Bank concerning the person's suitability to be a director or senior officer of an NBDT:
a: a director or senior officer of a licensed NBDT:
b: a former director or senior officer of a licensed NBDT:
c: a person who was proposed to be a director or senior officer of a licensed NBDT.
2: An appeal under this section is by way of rehearing.
3: A decision against which an appeal is lodged continues in force pending the determination of the appeal unless the High Court orders otherwise. 2010 No 111 s 42
63: Appeal to Court of Appeal on question of law
1: Any party to an appeal under section 62 section 56
2: In determining whether to grant leave to appeal, the Court of Appeal must have regard to whether the question of law involved in the appeal is one that, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for its decision.
3: The Court of Appeal, in granting leave, may impose the conditions that it thinks fit, whether as to costs or otherwise.
4: The decision of the Court of Appeal on any application for leave to appeal, or on an appeal under this section, is final. 2010 No 111 s 43 Section 63(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Offences
64: Definitions of levels of penalties
1: A level 4 penalty
a: in the case of an individual, imprisonment for a term not exceeding 18 months, a fine not exceeding $200,000, or both; and
b: in any other case, a fine not exceeding $2 million.
2: A level 3 penalty
a: in the case of an individual, imprisonment for a term not exceeding 12 months, a fine not exceeding $100,000, or both; and
b: in any other case, a fine not exceeding $1 million.
3: A level 2 penalty
a: in the case of an individual, imprisonment for a term not exceeding 3 months, a fine not exceeding $50,000, or both; and
b: in any other case, a fine not exceeding $500,000.
4: A level 1 penalty
65: General offences
A licensed NBDT, associated person, or trustee commits an offence, and is liable on conviction to a level 3 penalty, if it—
a: makes any statement or application, or supplies any document or thing, to the Bank knowing that it is false or misleading in a material respect; or
b: without reasonable excuse, obstructs or hinders an authorised person in the execution of any powers conferred on the person by or under this Act or the regulations. 1989 No 157 s 157ZS(d)–(h)
66: Offence to disclose giving of direction or notice
1: Every person commits an offence, and is liable on conviction to a level 3 penalty, if the person discloses that the Bank has given a direction under section 56 57 section 60
2: Nothing in subsection (1) applies to the disclosure or publication of the fact that a direction has been given, or a notice has been issued, if the disclosure or publication is made—
a: to any director, senior officer, or professional or financial adviser of the NBDT or to an associated person or trustee of an NBDT to which the direction or notice relates; or
b: with the written consent of the Bank; or
c: by, or on behalf of, the Bank or with the written consent of the Bank,—
i: to the public or any class of the public; or
ii: to any person who has a proper interest in knowing that the direction or notice has been given.
3: Nothing in subsection (1) applies to the disclosure or publication of the fact that a direction has been given requiring the actions set out in section 56(2)(d) 1989 No 157 s 115 s 150
67: Defence to charge under Act
1: In any prosecution of a licensed NBDT, associated person, or trustee or former licensed NBDT, associated person, or trustee (the defendant
a: the contravention was due to the act or omission of another person, or some other cause beyond the defendant's control; and
b: the defendant took reasonable precautions and exercised due diligence to avoid the contravention.
2: For the purposes of subsection (1)(a), another person
3: A defendant is not, without the leave of the court, entitled as part of a defence provided by this section to rely on any of the matters specified in subsection (1)(a) unless it has, not later than 7 working days before the date on which the hearing of the proceedings commences, served on the prosecution a notice in writing identifying the act, omission, or cause relied on by the defendant. 1989 No 157 s 157ZT
68: Liability of directors for offences of NBDTs and associated persons
1: If an NBDT or associated person commits an offence under this Act, each director of the NBDT or associated person commits the same offence, and is liable to the penalty applicable to an individual for that offence, if it is proved—
a: that the act that constituted the offence took place with the authority, permission, or consent of the director; or
b: that the director—
i: knew, or could reasonably be expected to have known, that the offence was to be or was being committed; and
ii: failed to take reasonable steps to prevent or stop it.
2: A director of an NBDT or of an associated person may be convicted of an offence as a result of the operation of this section even though the NBDT or associated person has not been charged with that offence.
69: Limitation period
Despite anything to the contrary in section 25
4: Miscellaneous provisions
Exemptions
70: Exemptions from Act and regulations
1: The Bank may exempt any licensed NBDT, class of licensed NBDTs, or trustee from compliance with any provision of—
a: this Act (except the requirement to be licensed); or
b: the regulations.
2: The Bank must not grant an exemption under this section unless it is satisfied that—
a: the exemption will be consistent with the maintenance of a sound and efficient financial system; and
b: compliance with the relevant provision or provisions would, in the circumstances, require the licensed NBDT, class of licensed NBDTs, or trustee to comply with requirements that are unduly onerous or burdensome; and
c: the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.
3: An exemption may be granted on any terms and conditions that the Bank thinks fit, including terms and conditions relating to the following:
a: risk management:
b: governance:
c: disclosures:
d: minimum capital requirements:
e: exposures to related parties:
f: liquidity.
4: 1978 No 103 ss 70B–70D s 157G Section 70(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
71: Status and publication of exemptions
1: Every exemption granted under section 70
a: state the date on which it comes into force, which must be a date after the date on which the exemption is granted; and
b: include a statement of the Bank's reasons for granting the exemption (including why the exemption is appropriate).
2: An exemption under section 70 see Part 3
3:
4: 1978 No 103 s 70C The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) that applies to a class of licensed NBDTs. Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) that applies to a class of licensed NBDTs Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for any other secondary legislation referred to in subsection (2). Legislation Act 2019 requirements for any other secondary legislation referred to in subsection (2) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • publish it on their website • make it available in printed form on request by members of the public The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 71(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 71(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 71(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
72: Effect of exemption
A person does not breach a requirement of this Act if—
a: an exemption from the requirement applies to that person; and
b: the person complies with the terms and conditions of the exemption. 1989 No 157 s 157H Regulations
73: Regulations
1: The Governor-General may, by Order in Council, on the advice of the Minister given in accordance with a recommendation of the Bank, make regulations for all or any of the following purposes:
a: declaring a person or class of persons to be a related party:
b: declaring a class of persons to be, or not to be, senior officers:
c: declaring any person or class of persons (other than a person referred to in section 5(2)(a) to (c)
d: declaring any person or class of persons not to be an NBDT for the purposes of this Act, or declaring that, in certain specified circumstances, any person or class of persons is not an NBDT for the purposes of this Act:
e: declaring certain securities to be debt securities for the purpose of this Act:
f: prescribing the matters, circumstances, or conditions that are suitability concerns:
g:
h: prescribing additional matters to which the Bank must have regard in determining an application for a licence:
i: prescribing additional matters to which the conditions on licences may relate:
j: prescribing grounds, additional to those in section 21
k: prescribing information to be included in the register under section 85(3)(c)
l: providing for any other matter contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: In considering whether to advise and recommend the making of regulations under subsection (1)(c) or (d), the Minister and the Bank must have regard to—
a: the nature of the business activities carried on by the person or class of persons and the extent to which those activities—
i: are similar in substance to the activities of an NBDT; or
ii: involve activities as an NBDT; and
b: the public interest; and
c: any other matters the Minister or the Bank considers relevant.
3: The Bank must not recommend the making of regulations under subsection (1)(e), declaring certain securities to be debt securities, unless it is satisfied that the securities are similar in substance to debt securities.
4: Regulations under this section are secondary legislation ( see Part 3 1989 No 157 ss 157B(2) 157C(5), (6) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 73(1)(g) repealed 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 73(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
74: Extension of regulation-making powers relating to prudential obligations
Regulations made under section 24 30 33 36 39
a: prescribe clauses relating to all or any of the matters referred to in those sections that are deemed to be contained in, or adopted by, trust deeds; and
b: prescribe requirements or clauses that apply to all licensed NBDTs; and
c: prescribe different requirements or clauses for different classes of licensed NBDTs; and
d: prescribe different requirements or clauses for particular licensed NBDTs. 1989 No 157 s 157ZY
75: Material incorporated by reference in regulations
1: Any regulations made under this Act may incorporate material by reference, being material that is a framework, standard, specification, or requirement that is published by or on behalf of any body or person in any country.
2: The material may be incorporated—
a: in whole or in part; and
b: with any modifications, additions, or variations specified in the regulations.
3: Schedule 1 1989 No 157 ss 81AA 157W
76: Bank to consult before recommending regulations
1: The Bank must consult with the following before making a recommendation for the making of any regulations under this Act:
a: the Financial Markets Authority; and
b: if reasonably practicable, other persons, or the representatives of those persons, who the Bank considers will be substantially affected by the regulations made in accordance with the recommendation.
2: Failure to comply with subsection (1) does not affect the validity of regulations. 1989 No 157 s 157E Trustees and trust deeds
77: Protection of trustees
1: No civil, criminal, or disciplinary proceedings lie against a trustee arising from the disclosure in good faith of information to the Bank under any of sections 44 45 46 50 57
2: No person may terminate the appointment of a trustee by reason of the trustee disclosing information to the Bank in good faith under any of sections 44 45 46 50 57
3: No tribunal, body, or authority, having jurisdiction in respect of the professional conduct of a trustee, may make an order against, or do any act in relation to, that person in respect of the fact of that disclosure. 1989 No 157 s 157ZH
78: Amendments to trust deeds treated as authorised
1: If this Act or the regulations, or the Bank acting under this Act or the regulations, requires a licensed NBDT or a trustee, or both a licensed NBDT and a trustee, to ensure that a matter is included in or excluded from a trust deed, an amendment to a trust deed in compliance with that requirement—
a: must be treated for all purposes as if it were authorised to be made and were made in accordance with the provisions of the trust deed before the amendment was made; and
b: applies despite any defect in the form or mode of execution of the amendment.
2: Subsection (1) applies despite there being no power of variation in the trust deed, and despite anything to the contrary in the trust deed or any enactment, rule of law, or agreement. 1989 No 157 s 157ZC
79: Trustees may execute amendment to trust deeds
1: This section applies if—
a: this Act or the regulations require a trustee, or both a licensed NBDT and a trustee, to ensure that a matter is included in or excluded from a trust deed; and
b: it is necessary to amend the trust deed within a certain time in order to comply with that requirement; and
c: the trustee has made reasonable efforts, in good faith, to negotiate with the NBDT for the purpose of agreeing to an amendment to the trust deed to ensure compliance with the requirement; and
d: the trustee has not, within a reasonable period before the expiry of the time allowed for amending the trust deed, been able to reach an agreement with the NBDT about the amendment to be made to the trust deed.
2: If this section applies, the trustee may execute a deed amending the trust deed without the consent or agreement of the NBDT or any other person in order to ensure that the trust deed complies with this Act and the regulations.
3: The deed amending the trust deed—
a: has effect despite there being no consent or agreement of the NBDT or any other person; and
b: must be treated for all purposes as if it were authorised to be made and were made in accordance with the provisions of the trust deed before the amendment was made; and
c: applies despite any defect in its form or mode of execution.
4: Subsection (3) applies despite there being no power of variation in the trust deed, and despite anything to the contrary in the trust deed or any enactment, rule of law, or agreement. 1989 No 157 s 157ZD Protection from liability and indemnity Heading repealed 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
80: Protection from liability for Bank, etc
Section 80 repealed 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
81: Indemnity for Bank, etc
Section 81 repealed 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Other miscellaneous provisions
82: Notice and service of documents
1: Unless this Act provides otherwise, if a provision of this Act requires or authorises a notice, document, or notification to be given to a person, the notice, document, or notification must be in writing and must,—
a: if given to an individual, be given—
i: by delivering it personally or by an agent 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
b: if given to a company within the meaning of the Companies Act 1993 section 387(1) 388
c: if given to an overseas company, be served in a manner provided for in section 389(1) 390
d: if given to any other body corporate, be served in a manner in which it could be given or served if the body corporate were a company within the meaning of the Companies Act 1993
2: In the absence of proof to the contrary, a notice, document, or notification given to an individual must be treated,—
a: in the case of delivery by post under subsection (1)(a)(ii), as having been given or provided to 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: in the case of delivery by fax or email under subsection (1)(a)(iii), as having been given or provided to the person on the second working day after the day on which it is sent.
3: Section 392
4: If a person is absent from New Zealand, a notice, document, or notification given to the person's agent in New Zealand in accordance with subsection (1) must be treated as having been given or provided to the person.
5: If the person has died, the notice, document, or notification may be given, in accordance with subsection (1), to his or her personal representative. 2010 No 111 s 229
83: Power to amend, revoke, or replace notices, etc
1: The Bank may amend, revoke, or replace any notice, direction, or consent that it is entitled to give under this Act or the regulations.
2: Any requirement relating to the giving of a notice, direction, or consent applies also to the amendment, revocation, or replacement of the notice, direction, or consent.
84: Obligations under this Act not limited
An obligation imposed on a person by any other Act or instrument does not prevent or excuse the person from complying with any provision of this Act or the regulations or with any direction, notice, or condition given or imposed under that provision. 1989 No 157 s 172
85: Register of licensed NBDTs
1: The Bank must keep a public register of licensed NBDTs.
2: The Bank must determine the form of the register and may amend the form from time to time as it considers necessary.
3: The register must include—
a: the name of each licensed NBDT; and
b: the current rating of creditworthiness of each licensed NBDT or its borrowing group under section 23
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
86: Rating agencies
1: The Bank may approve a person as a rating agency for the purposes of this Act.
2: In deciding whether to approve a person as a rating agency, the Bank must have regard to the following:
a: the independence of the rating agency:
b: the adequacy of resources available to the rating agency:
c: the credibility and objectivity of the rating agency's methodology:
d: the consistency and comparability of the rating agency's ratings when assessed against ratings industry practice:
e: the adequacy of the rating agency's disclosure of information, including information about its processes, experience, and ownership:
f: relevant international standards, codes, and recommended practices relating to the ratings industry.
3: The Bank may, at any time, review the approval of a person as a rating agency, and in conducting the review the Bank must have regard to the matters in subsection (2).
4: If, after conducting the review, the Bank considers that the person should no longer be an approved rating agency, it may revoke the approval.
5: On request by an approved rating agency, the Bank may revoke its approval, without the need for a prior review.
6: The Bank must publish and keep up to date a list of approved rating agencies on an Internet site, maintained by or on behalf of the Bank, that is publicly accessible at all reasonable times. 1989 No 157 s 157J Transitional provisions
87: Transitional arrangements for pre-existing NBDTs
1: This section applies to every NBDT that—
a: was a deposit taker within the meaning of section 157C
b: is an NBDT within the meaning of this Act on the date on which this section comes into force.
2: In this section, the transition period
a: the date that is 1 year after the date on which this section comes into force:
b: the date on which the NBDT becomes a licensed NBDT:
c: the date on which the NBDT ceases to be an NBDT.
3: During the transition period, the following apply to every NBDT to whom this section applies as if the NBDT were a licensed NBDT:
a: this Act, except section 11 section 42 section 43 section 60
b: the Deposit Takers (Credit Ratings, Capital Ratios, and Related Party Exposures) Regulations 2010
c: the Deposit Takers (Liquidity Requirements) Regulations 2010
88: Exemptions continue in force
1: An exemption granted under section 157G
a: continues in force as if it were granted under section 70
b: may be amended or revoked as if it were granted under that section , and section 71
2:
3:
4: A reference in an exemption granted under section 157G Part 5D sections 157A to 157ZZ 2011 No 6 s 54 Section 88(1)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 88(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 88(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
89: Transitional references in Reserve Bank of New Zealand Act 1989
Section 89 repealed 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 FMA to consult with Bank before recommending statutory management of NBDT
90: Amendment to Corporations (Investigation and Management) Act 1989
1: This section amends the Corporations (Investigation and Management) Act 1989
2: Section 8(3) , non-bank deposit taker licensed under the Non-bank Deposit Takers Act 2013 licensed insurer OIC SR 2014/14 2014-05-01 Corporations (Investigation and Management) Act 1989 Can be brought into force earlier by OIC (see s 2) Consequential and other amendments to Financial Service Providers (Registration and Dispute Resolution) Act 2008
91: Amendments to Financial Service Providers (Registration and Dispute Resolution) Act 2008
1: This section amends the Financial Service Providers (Registration and Dispute Resolution) Act 2008
2: Section 5
b: being a licensed NBDT, as defined in the Non-bank Deposit Takers Act 2013
3: Section 15(2) , unless otherwise agreed by the relevant licensing authority and the Registrar
4: Schedule 2 The following table is small in size and has 3 columns. This table is an amendment to the table in Schedule 2 of the Financial Service Providers (Registration and Dispute Resolution) Act 2008 and should be read with that table to provide understanding of the context. Reserve Bank of New Zealand Licensed NBDTs Non-bank Deposit Takers Act 2013 2015-05-01 Financial Service Providers (Registration and Dispute Resolution) Act 2008 s 91(2) & (4) come into force 1 year after s 11 comes into force (1 May 2014 by LI 2014/14). See s 2(3). OIC SR 2014/14 2014-05-01 Financial Service Providers (Registration and Dispute Resolution) Act 2008 s 91(1) and (3) only Consequential amendments and revocations
92: Consequential amendments in Schedules 2 and 3
1: The Reserve Bank of New Zealand Act 1989 Schedule 2
2: Other enactments are consequentially amended in the manner set out in Schedule 3 OIC SR 2014/14 2014-05-01 Reserve Bank of New Zealand Act 1989 Financial Advisers Act 2008 Local Government Borrowing Act 2011 Search and Surveillance Act 2012 Securities Trustees and Statutory Supervisors Act 2011 Deposit Takers (Credit Ratings, Capital Ratios, and Related Party Exposures) Regulations 2010 Deposit Takers (Liquidity Requirements) Regulations 2010 Can be brought into force earlier by OIC (see s 2)
93: Consequential revocation of regulations
The following regulations are revoked:
a: Deposit Takers (In Receivership or Liquidation) Exemption Notice 2009
b: Deposit Takers (Persons Declared Not to be Deposit Takers) Regulations 2011 OIC SR 2014/14 2014-05-01 Deposit Takers (In Receivership or Liquidation) Exemption Notice 2009 Deposit Takers (Persons Declared Not to be Deposit Takers) Regulations 2011 Can be brought into force earlier by OIC (see s 2) Amendments to this Act after commencement of relevant parts of Financial Markets Conduct Act 2013
94: Principal Act amended
Sections 95 to 101 OIC LI 2014/321 2014-12-01 Non-bank Deposit Takers Act 2013 Brought into force at any early date by OIC
95: Interpretation
1: Paragraph (a) of the definition of debt security section 4(1) section 2(1) of the Securities Act 1978 section 8 of the Financial Markets Conduct Act 2013
2: The definitions of trust deed trustee section 4(1)
3: Section 4(1) NBDT regulated offer
a: means a regulated offer within the meaning of section 41 of the Financial Markets Conduct Act 2013; and
b: includes an offer of debt securities that would be a regulated offer within the meaning of that section if clause 3(2)(b) and (3)(a) of Schedule 1 of that Act were not in force; and
c: includes an offer of debt securities to the public in New Zealand to which the Securities Act 1978 applied before its repeal or to which that Act applies or applied under Schedule 4 of the Financial Markets Conduct Act 2013 trust deed
a: subpart 1 of Part 4 of the Financial Markets Conduct Act 2013 or an exemption granted under that Act:
b: a condition under section 19(1)(fa):
c: the Securities Act 1978 or an exemption granted under that Act trustee
a: means a licensed supervisor (within the meaning of the Financial Markets Conduct Act 2013) who is designated or appointed, by or under any of the following, as the trustee for any debt security offered by or on behalf of the NBDT:
i: a trust deed:
ii: an exemption granted under the Financial Markets Conduct Act 2013:
iii: the Financial Markets Supervisors Act 2011:
iv: a condition under section 19(1)(fa):
b: includes a trustee (as defined in the Securities Act 1978) that is required, by or under that Act or an exemption granted under it, in relation to any debt security offered by or on behalf of the NBDT
96: NBDT defined
1: Section 5(1)(a)
i: makes an NBDT regulated offer of debt securities; and
2: Section 5(1)(c)
ii: has debt securities that remain unpaid and that were offered under an NBDT regulated offer:
3: Section 5(2)(d) to the public in New Zealand under an NBDT regulated offer
97: Determining applications for licence
Section 14(2)(b) the Financial Markets Conduct Act 2013, requirements of
98: Kinds of licence conditions and their effect
Section 19(1)
fa: in a case where subpart 1 of Part 4 of the Financial Markets Conduct Act 2013 would not otherwise apply in relation to debt securities issued or to be issued by an NBDT, requirements relating to compliance with that subpart (in whole or in part and with any modifications or variations specified in the conditions), including requirements to have a trustee and a trust deed for the debt securities:
99: Grounds for cancelling licence
Section 21(b) the Financial Markets Conduct Act 2013, relevant provisions of
100: Bank directions to licensed NBDTs and associated persons
Section 56(1)(b)
ia: the Financial Markets Conduct Act 2013 or regulations made under that Act; or
101: Bank's powers to remove or appoint directors of licensed NBDTs and associated persons
Section 60(1)(a)(iii) and (3)(c) the Financial Markets Conduct Act 2013, regulations made under that Act, the regulations, Other amendments relating to financial markets legislation
102: Amendments relating to financial markets legislation
The enactments referred to in Schedule 4 OIC SR 2014/14 2014-05-01 Financial Markets Conduct Act 2013 Financial Markets (Repeals and Amendments) Act 2013 Financial Markets Supervisors Act 2011 Can be brought into force earlier by OIC (see s 2) |
DLM5462000 | 2013 | Imprest Supply (Second for 2013/14) Act 2013 | 1: Title
This Act is the Imprest Supply (Second for 2013/14) Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Repeal of this Act
This Act is repealed on the close of 30 June 2014. 2014-07-01 Imprest Supply (Second for 2013/14) Act 2013
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 (2013/14 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)
a: expenses and capital expenditure incurred by an intelligence and security department; and
b: expenses and non-departmental capital expenditure incurred under a multi-category appropriation (within the meaning of clause 3 of Schedule 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
1: Expenses may, during the 2013/14 year, be incurred in advance of appropriation in relation to any Vote.
2: Expenses incurred under subsection (1)
7: Authority to incur capital expenditure
1: Capital expenditure may, during the 2013/14 year, be incurred in advance of appropriation in relation to any Vote.
2: Capital expenditure incurred under subsection (1) during the 2013/14 year must not exceed in the aggregate the sum of $5,500 million.
8: Appropriation required
1: All expenses incurred under section 6(1) section 7(1)
2: Until the coming into force of that Appropriation Act, those expenses and that capital expenditure may be incurred during the 2013/14 year as if they had been incurred in accordance with one of the separate appropriations specified in section 7(1)
9: Authority to exceed net assets confirmed in Appropriation Act
1: In this section,— excess amount projected balance Schedule 5
2: The amount of net asset holding in a department or an Office of Parliament during the 2013/14 year may exceed the projected balance for that department or Office of Parliament.
3: However, the aggregate of the excess amounts for all departments and Offices of Parliament together with the total net asset holding of any department that is not listed in Schedule 5
4: For the purposes of subsections (1) and (2)
a: any operating surplus retained as agreed between the Minister and the responsible Minister for a department or an Office of Parliament in accordance with section 22(1) Schedule 5
b: any remeasurement of a department’s or an Office of Parliament’s reported net asset holding as set out in section 22(2) Schedule 5
5: Subsections (2) and (3) section 22(3) |
DLM4756102 | 2013 | Crown Minerals Amendment Act 2013 | 1: Title
This Act is the Crown Minerals 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) brought into force 24 May 2013 Crown Minerals Amendment Act 2013 Commencement Order 2013
3: Principal Act
This Act amends the Crown Minerals Act 1991 principal Act OIC SR 2013/121 2013-05-24 Crown Minerals Act 1991 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 17439 (SR 2013/121)
4: Long Title repealed
Repeal the Long Title
5: Section 1 amended (Short Title and commencement)
In the heading to section 1 Short
6: New sections 1A and 1B inserted
After section 1
1A: Purpose
1: The purpose of this Act is to promote prospecting for, exploration for, and mining of Crown owned minerals for the benefit of New Zealand.
2: To this end, this Act provides for—
a: the efficient allocation of rights to prospect for, explore for, and mine Crown owned minerals; and
b: the effective management and regulation of the exercise of those rights; and
c: the carrying out, in accordance with good industry practice, of activities in respect of those rights; and
d: a fair financial return to the Crown for its minerals.
1B: Provisions affecting application of Act
Schedule 1 see section 106
7: Part 1 heading replaced
Replace the Part 1
1: Preliminary provisions
.
8: Cross-heading above section 2 repealed
Repeal the cross-heading
9: Section 2 amended (Interpretation)
1: In section 2(1) appropriate Minister section 2A chief executive consent authority continental shelf existing privilege
a: any mining privilege granted under Part 4 of the Mining Act 1971:
b: any mining privilege or licence referred to in section 136(b) and (c) of the Mining Act 1971:
c: any coal mining right or other right, lease, sublease, tenancy, licence, or easement granted under the Coal Mines Act 1979:
d: any prospecting licence or mining licence granted under Part 1 of the Petroleum Act 1937 or authorisation granted under Part 2 of that Act:
e: any authorisation given, agreement entered into, or grant of rights under the Iron and Steel Industry Act 1959, and any existing rights referred to in section 5 of that Act good industry practice Health and Safety Regulator internal waters local authority offshore participating interest permit operator section 27 permit participant permit year regulatory agency
a: the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011:
b: a consent authority:
c: Maritime New Zealand and the Director of Maritime New Zealand:
d: the Health and Safety Regulator:
e: the Department of Conservation royalties
a: section 34(b); or
b: regulations made under section 105A special purpose mining activity specified Act
a: Health and Safety in Employment Act 1992:
b: Maritime Transport Act 1994:
c: Resource Management Act 1991:
d: Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 speculative prospector section 90C(7) Tier 1 permit section 2B(1) Tier 2 permit section 2B(2) underground gas storage facility work programme .
2: In section 2(1) coal peat, and oil shale and peat
3: In section 2(1) enforcement officer enforcement officer
a: other than for the purposes of sections 101A to 101C section 99A
b: for the purposes of sections 101A to 101C section 101C(6) .
4: In section 2(1) gold fossicking area declared under section 98 designated under section 98 or 98A
5: In section 2(1) minerals programme section 18 section 19
6: In section 2(1) minimum impact activity
ba: taking small samples offshore by low-impact mechanical methods: .
7: In section 2(1) mining mining
a: means to take, win, or extract, by whatever means,—
i: a mineral existing in its natural state in land; or
ii: a chemical substance from a mineral existing in its natural state in land; and
b: includes—
i: the injection of petroleum into an underground gas storage facility; and
ii: the extraction of petroleum from an underground gas storage facility; but
c: does not include prospecting or exploration for a mineral or chemical substance referred to in paragraph (a) .
8: In section 2(1) mining operations mining operations
a: means operations in connection with mining, exploring, or prospecting for any Crown owned mineral; and
b: includes, when carried out at or near the site where the mining, exploration, or prospecting is undertaken,—
i: the extraction, transport, treatment, processing, and separation of any mineral or chemical substance from the mineral; and
ii: the construction, maintenance, and operation of any works, structures, and other land improvements, and of any related machinery and equipment connected with the operations; and
iii: the removal of overburden by mechanical or other means, and the stacking, deposit, storage, and treatment of any substance considered to contain any mineral; and
iv: the deposit or discharge of any mineral, material, debris, tailings, refuse, or wastewater produced from or consequent on the operations; and
v: the doing of all lawful acts incidental or conducive to the operations; and
c: includes any activities relating to the injection into and extraction of petroleum from an underground gas storage facility .
9: In section 2(1) Minister Minister .
10: In section 2(1) occupier as defined in section 106 (other than an exploration licence or prospector's right granted under the Mining Act 1971, or an (other than an
11: In section 2(1) permit holder permit holder .
12: In section 2(1) petroleum in the same or an adjacent area
13: In section 2(1) prospecting prospecting
a: means any activity undertaken for the purpose of identifying land likely to contain mineral deposits or occurrences; and
b: includes the following activities:
i: geological, geochemical, and geophysical surveying:
ii: aerial surveying:
iii: taking samples by hand or hand held methods:
iv: taking small samples offshore by low-impact mechanical methods .
14: In section 2(1) relevant minerals programme relevant minerals programme
a: in relation to a permit that had effect immediately before the commencement of section 13 section 18 of the Crown Minerals Amendment Act 2013 clause 3 of Schedule 1
b: in relation to a permit granted on or after the commencement of section 13 Part 1A .
15: In section 2(1) Secretary
16: Repeal section 2(2) and (3) Section 9(1) amended 21 May 2013 section 7(1) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 9(1) amended 21 May 2013 section 7(2) Crown Minerals Amendment Act 2013 Amendment Act 2013
10: New sections 2A to 2D inserted
After section 2
2A: Meaning of appropriate Minister
1: In this Act, appropriate Minister
a: the Minister charged with the administration of the land; or
b: if the land is part of the common marine and coastal area, the Minister described in paragraph (a) and the Minister of Conservation (if he or she is not the Minister described in that paragraph); or
c: if neither of paragraphs (a) and (b) applies, the Minister of Lands.
2: However, if after subsection (1) is applied there is uncertainty as to who is the appropriate Minister, the appropriate Minister is the Minister designated by the Governor-General by Order in Council.
2B: Meaning of Tier 1 permit and Tier 2 permit
1: In this Act, Tier 1 permit
a: a prospecting, exploration, or mining permit that relates to petroleum:
b: a prospecting permit that relates to a mineral listed in the first column of Schedule 5
c: an exploration permit that relates to a mineral listed in the first column of Schedule 5
d: a mining permit that relates to a mineral listed in the first column of Schedule 5
e: a permit that (irrespective of the type of mineral to which the permit relates, the year of the permit's life, or any threshold amounts specified for the mineral to which the permit relates in Schedule 5
i: relates to an underground operation or an operation that is (whether wholly or partially) 50 metres or more beyond the seaward side of the mean high-water mark; and
ii: is not for a special purpose mining activity.
2: In this Act, Tier 2 permit
3: For the purposes of the Minister making an estimate for the purposes of subsection (1)(c) or (d), the life of a permit includes any extensions of duration to the permit granted under this Act.
2C: Determination of permit tier status
1: This section applies to each exploration permit and mining permit whose Tier 1 (or, by default, Tier 2) status must be determined in accordance with section 2B(1)(c) or (d)
2: The Minister must determine the tier status of a permit—
a: on first granting the permit, and then once in each permit year and at any time that the permit is changed under section 36(1)
b: if the permit exists on the commencement of this section, as soon as practicable after the commencement of this section, and then once in each permit year and at any time that the permit is changed under section 36(1)
3: The Minister may determine the tier status of a permit at any other time as he or she thinks fit.
4: For the purposes of subsection (2)(a), a determination made because of a change to the permit may, in the Minister's complete discretion, be treated as the required determination for the following permit year.
2D: Consequences of change in status of permit
1: This section applies if, as a result of a determination made by the Minister under section 2C
2: The chief executive must notify the permit holder of the change in tier.
3: The change in tier takes effect for the purposes of this Act on and from the start of the permit year following the date of the notification under subsection (2).
11: Cross-heading above section 5 amended
In the cross-heading Minister and chief executive
12: Section 5 replaced (Functions of Minister of Energy)
Replace section 5
5: Functions of Minister
The Minister has the following functions under this Act:
a: to attract permit applications, including by way of public tender:
b: to grant permits, grant changes to permits, and revoke permits:
c: to prepare minerals programmes:
d: to co-operate with regulatory agencies that perform functions in relation to Crown owned minerals (including under section 90E
e: to collect and disclose information in connection with mineral resources and mineral production in order to—
i: promote informed investment decisions about mineral exploration and production; and
ii: improve the working of related markets:
f: any other functions conferred on him or her by or under this Act. Section 12 amended 21 May 2013 section 8 Crown Minerals Amendment Act 2013 Amendment Act 2013
13: Section 6 amended (Delegation of functions by Minister of Energy)
1: In the heading to section 6 of Energy
2: Replace section 6(1)(a)
a: the making of decisions on submissions on a draft minerals programme under section 18 section 19 .
14: Section 7 replaced (Appointment of enforcement officers)
Replace section 7
7: Functions of chief executive
The chief executive has the following functions under this Act:
a: to require, and monitor, compliance with permits, this Act, and the regulations:
b: to investigate conduct that constitutes or may constitute a contravention of a permit, this Act, or the regulations:
c: to keep a register of permits and permit holders:
d: to advise the Minister on any matter relating to this Act:
e: to co-operate with regulatory agencies that perform functions in relation to Crown owned minerals (including under section 90E
f: any other functions conferred on him or her by or under this Act.
15: Section 8 amended (Restrictions on prospecting or exploring for, or mining, Crown owned minerals)
1: After section 8(2)
2A: Subsection (1) does not apply to the taking by any person of any Crown owned mineral in a legal road, whether formed, unformed, or stopped, if—
a: the mineral is—
i: coal; or
ii: a mineral (other than coal) for which a Tier 2 permit would, but for this provision, be required; and
b: the road is within an area of land that otherwise contains privately owned minerals.
2: In section 8(3) machinery in accordance with section 98 or 98A
16: Section 12 and cross-heading repealed
Repeal section 12 cross-heading
17: New Part 1A heading inserted
Before section 13
1A: Minerals programmes
.
18: Sections 13 to 22 and cross-heading replaced
Replace sections 13 to 22 cross-heading
13: Application of minerals programmes
The most recent version of a minerals programme issued or changed by the Governor-General under section 19
14: Contents of minerals programmes
1: A minerals programme—
a: must specify the mineral or minerals to which it applies; and
b: must set out or describe how the Minister and the chief executive will have regard to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) (as required by section 4) for the purposes of the minerals programme.
2: A minerals programme—
a: may set out or describe how the Minister or the chief executive will exercise any specified powers or discretions conferred on him or her by or under this Act in relation to the mineral or minerals that are subject to the programme; and
b: may include any other information that the Minister considers is likely to be of assistance to any person wishing to use or understand the Act and the regulations, including—
i: general guidance on the scheme of the Act and the regulations; and
ii: how the Minister or the chief executive will interpret and apply specified provisions of the Act or the regulations (other than those referred to in paragraph (a)) in relation to any Crown owned mineral or minerals subject to the programme; and
c: on the request of an iwi or hapū, may provide that defined areas of land of particular importance to the iwi's or hapū's mana are excluded from the operation of the minerals programme or are not to be included in any permit.
3: There must not be more than 1 minerals programme for any mineral, but a minerals programme may provide that different practices, procedures, and provisions in the programme apply—
a: to different areas within New Zealand; or
b: to a mineral that occurs in different states, places, phases, or strata; or
c: to a mineral that is to be explored for or mined by substantially different methods.
4: A minerals programme must not be inconsistent with this Act or the regulations.
5: However, if there is any inconsistency between a minerals programme (or a relevant minerals programme that has effect during a transitional period) and this Act or any of the regulations, this Act or the regulation prevails.
15: Minister must prepare draft minerals programmes in certain situations
The Minister must, as soon as practicable, prepare a draft minerals programme for a Crown owned mineral, or group of Crown owned minerals, if—
a: there is no minerals programme for that mineral or group of minerals; and
b: in the opinion of the Minister, that mineral or group of minerals is likely to be the subject of a permit application under this Act.
16: Changes to minerals programmes
1: The Minister may propose any change to a minerals programme.
2: In sections 17 and 18
3: Nothing in section 17 or 18
4: Subsection (5) applies if the Minister decides not to proceed with a proposed change to a minerals programme and no recommendation is made to the Governor-General under section 19(1)
5: The Minister must—
a: publicly notify his or her decision; and
b: notify every person who made a submission on the proposed change under section 18
17: Public notice
1: The Minister must ensure that—
a: public notice is given of a draft minerals programme; and
b: notice is given of a draft minerals programme to all iwi; and
c: the draft minerals programme is available on an Internet site maintained by or on behalf of the chief executive.
2: Every notice under subsection (1)(a) must—
a: give reasonable notice of the contents of the draft minerals programme; and
b: specify the Internet site referred to in subsection (1)(c) where the draft minerals programme may be inspected; and
c: indicate that submissions may be made on the draft minerals programme, how submissions may be made, and by what date.
18: Submissions
1: Any person may make a submission on a draft minerals programme.
2: A submission under subsection (1) must be received by the chief executive not later than 40 working days after the date of public notification under section 17
3: If any submission is made under this section, the chief executive must, following the expiry of the time for making submissions, arrange for a report and recommendations to be made to the Minister in respect of all submissions.
4: The Minister must consider the report and recommendations made under subsection (3) and may make such changes to the draft minerals programme as the Minister thinks fit.
5: Despite the provisions of the Official Information Act 1982, if a request is made by any person for disclosure of information contained in a submission, the department or Minister to whom the request was made may refuse to make the information available if the department or Minister is satisfied that—
a: such refusal is necessary to avoid serious offence to tikanga Māori or to avoid the disclosure of the location of wāhi tapu; and
b: in the circumstances of the particular case, the importance of avoiding such offence or disclosure outweighs the public interest in making that information available.
19: Issue of minerals programmes
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, issue a minerals programme or a change to a minerals programme.
2: Before recommending the making of an order, the Minister must satisfy those requirements of sections 15 to 18
3: A minerals programme is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but not for the purposes of the Acts and Regulations Publication Act 1989.
4: A minerals programme or a change to a minerals programme takes effect on and from the date specified in the order approving it, which must not be earlier than the date on which the order is made.
20: Notification of minerals programmes
The Minister must—
a: make each minerals programme issued in accordance with section 19
b: notify every person who made a submission on the draft programme under section 18
c: give public notice, and notice in the Gazette
d: make the programme available for public inspection at those places.
21: Minister may defer consideration of application for permit
1: Subsection (2) applies if the Minister has publicly notified a proposed change to a minerals programme and—
a: the chief executive has received an application for a permit for a mineral to which the programme applies after the proposed change has been notified; and
b: if the proposed change were in force, it would be likely that the Minister's decisions in respect of the application would be different than if the decisions were made without the proposed change.
2: The Minister may defer his or her consideration of the application until—
a: the date on which the proposed change takes effect (as specified in the relevant Order in Council made under section 19(1)
b: if the Minister decides not to proceed with the change, the date on which the Minister publicly notifies his or her decision under section 16(5)
22: Minister and chief executive must act in accordance with minerals programmes
1: The Minister and the chief executive must act in accordance with a minerals programme.
2: However, if there is any inconsistency between the actions required of them under a minerals programme (or a relevant minerals programme that has effect during a transitional period) and the actions required of them under this Act or any of the regulations, they must act in accordance with the Act or the regulation.
19: New Part 1B heading inserted
After section 22
1B: Permits, access to land, and other matters
.
20: Section 23 replaced (Application for permits)
Replace section 23 with:
23: Purpose of permits
1: The purpose of a prospecting permit is to authorise the permit holder to prospect for minerals as specified in the permit.
2: The purpose of an exploration permit is to authorise the permit holder to explore for minerals as specified in the permit.
3: The purpose of a mining permit is to authorise the permit holder to mine for minerals as specified in the permit.
23A: Application for permits
Any person or persons may apply to the chief executive for a permit in respect of a mineral in land, whether or not there is a minerals programme for the mineral.
20A: Section 24 amended (Allocation by public tender)
1: After section 24(2)(c)
ca: that each tender must include an application that complies with section 29A(1) section 29B
cb: that, if the tender is to be considered in accordance with section 29B .
2: After section 24(4)
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 Section 20A inserted 21 May 2013 section 4 Crown Minerals Amendment Act 2013 Amendment Act 2013
21: Section 25 replaced (Grant of permit)
Replace section 25
25: Grant of permit
1: The Minister may grant a prospecting permit, an exploration permit, or a mining permit under this Act in respect of minerals in land—
a: to any person or persons; and
b: in either of the following ways:
i: as the result of an application initiated by a person under section 23A
ii: as the result of a public tender process under section 24
c: subject to any conditions that the Minister may impose, as the Minister thinks fit, including authorising the prospecting or exploration for, or mining of, a mineral only—
i: in particular circumstances; or
ii: by means of a particular method; or
iii: if the mineral occurs in a particular state, place, phase, or stratum.
2: However, the Minister is not obliged to grant a permit to any person or persons unless expressly required to do so under section 32
3: Each permit granted by the Minister must specify—
a: the minerals and land to which the permit applies; and
b: the conditions on which the permit is granted; and
c: the names of the permit participants; and
d: the name of the permit operator; and
e: if any of the minerals to which the permit applies are minerals listed in the first column of Schedule 5
4: A permit may also specify the date on which the permit expires if the permit is to expire on a date earlier than the default expiry date set out in section 35
5: A permit must not be granted under this Part if a monetary deposit or bond that is required by the Minister as security for compliance with the conditions of the permit has not been deposited with the chief executive.
6: The Minister must not grant an exploration permit or a mining permit in respect of privately owned minerals, except as provided for by section 84
7: If an existing privilege exists, the Minister must not grant a permit in respect of all or part of the land and the mineral to which the privilege relates without the consent of the current holder of the privilege.
8: Subsection (1) is subject to section 5A(3)
22: Section 27 replaced (Provisions relating to granting of permit)
Replace section 27
27: Permit holder must have permit operator
1: A permit holder must have a permit operator.
2: A permit operator must be a permit participant.
3: For the purposes of the permit, this Act, and the regulations, the permit operator is responsible, on behalf of the permit holder, for the day-to-day management of activities under the permit.
23: New section 28A inserted (Declaration that permits not to be issued or extended for specified land for specified period)
After section 28
28A: Declaration that permits not to be issued or extended for specified land for specified period
1: The Minister may, by notice in the Gazette
2: A notice under subsection (1)—
a: must specify the kind or kinds of permits to which it applies:
b: must specify the land to which it applies:
c: may apply to different minerals, to minerals that occur in a particular state, place, phase, or stratum, or to minerals that are to be explored for or mined by a particular method:
d: has effect until the close of the earlier of the following periods:
i: the period specified in the notice:
ii: 3 years from the date on which the notice is published in the Gazette
3: The Minister must not accept a permit application that is contrary to a notice under subsection (1) while the notice has effect, unless the application relates to a subsequent permit referred to in subsection (4)(c).
4: A notice under subsection (1) does not affect any—
a: application received by the Minister before the notice is published in the Gazette
b: permit granted before the notice is published in the Gazette
c: right under section 32
24: New
sections 29A and 29B After section 29 Process for dealing with applications for permits
29A: Process for considering application
1: An applicant for a permit must provide to the Minister—
a: the name and contact details of the proposed permit participants and the proposed permit operator; and
b: a proposed work programme for the proposed permit, which may comprise committed work, or committed and contingent work; and
c: in the case of an exploration permit for minerals other than petroleum, an estimate of the expected total work programme expenditure in relation to the permit; and
d: any other information prescribed in the regulations.
2: Before granting a permit, the Minister must be satisfied—
a: that the proposed work programme provided by the applicant is consistent with—
i: the purpose of this Act; and
ii: the purpose of the proposed permit; and
iii: good industry practice in respect of the proposed activities; and
b: that the applicant is likely to comply with, and give proper effect to, the proposed work programme, taking into account—
i: the applicant's technical capability; and
ii: the applicant's financial capability; and
iii: any relevant information on the applicant’s failure to comply with permits or rights, or conditions in respect of those permits or rights, to prospect, explore, or mine in New Zealand or internationally; and
c: that the applicant is likely to comply with the relevant obligations under the Act or the regulations in respect of reporting and the payment of fees and royalties; and
d: in the case of a Tier 1 permit for exploration or mining, that the proposed permit operator has, or is likely to have, by the time the relevant work in any granted permit is undertaken, the capability and systems that are likely to be required to meet the health and safety and environmental requirements of all specified Acts for the types of activities proposed under the permit.
3: For the purposes of the Minister satisfying himself or herself of the matter in subsection (2)(d), the Minister—
a: is only required to undertake a high-level preliminary assessment; and
b: must seek the views of the Health and Safety Regulator and may, but is not required to, obtain the views of any other regulatory agency; and
c: may, but is not required to, rely on the views of the regulatory agencies; and
d: is not required to duplicate any assessment process that a regulatory agency may be required to undertake in accordance with a specified Act.
4: To avoid doubt, subsection (2)(d) does not limit, have any effect on, or have any bearing on—
a: whether the permit holder or permit operator is required to obtain any permit, consent, or other permission under any health and safety or environmental legislation:
b: the granting to the permit holder or permit operator of any permit, consent, or other permission necessary under any health and safety or environmental legislation by any government agency, consent authority, or Minister responsible for the administration of that legislation.
5: This section is subject to section 29B
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) are a condition of the permit.
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 Section 24 heading amended 21 May 2013 section 5(1) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 24 amended 21 May 2013 section 5(2) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 24 amended 21 May 2013 section 5(3) Crown Minerals Amendment Act 2013 Amendment Act 2013
25: Section 32 amended (Right of permit holder to subsequent permits)
1: In section 32(1) and (3) 27, 29A,
2: In section 32(1) and (3) 23 23A
3: In section 32(4) under in accordance with
4: Replace section 32(5)
5: Subsection (5A) applies if a mining permit is to be granted in accordance with subsection (3) and the initial permit or any subsequent permit specified any condition to be included in the mining permit or in any subsequent privilege, right, or licence conferring a right to mine.
5A: The condition must be included in the mining permit, unless the Minister and the holder of the exploration permit otherwise agree, and no other condition which modifies or conflicts with the condition may be included in the mining permit without the consent of the holder of the mining permit.
5: After section 32(7)
8: A permit that is the subject of an application for a subsequent permit under this section continues in force until the Minister determines the application.
26: Section 33 replaced (Permit holder to comply with permit and this Act)
Replace section 33
33: Permit holder responsibilities
1: A permit holder must—
a: comply with—
i: the conditions of the permit; and
ii: this Act and the regulations; and
iii: the Health and Safety in Employment Act 1992 and regulations made under that Act; and
b: perform activities under the permit in accordance with good industry practice; and
c: submit royalty returns, and pay royalties; and
d: keep records for at least 7 years after the year to which they relate or for at least 2 years after the permit to which they relate ceases to be in force, whichever is the longer; and
e: co-operate with the Minister, the chief executive, and enforcement officers for the purpose of complying with the conditions of the permit, this Act, and the regulations.
2: Subsection (3) applies if the permit holder is 2 or more persons.
3: Each person to whom this subsection applies is jointly and severally liable to comply with and perform the obligations of the permit holder under the permit, this Act, and the regulations.
33A: Exercise of permit conditional on clearance from Health and Safety Regulator
1: Subsection (2) applies if the Health and Safety in Employment Act 1992, or regulations made under that Act, expressly provide that the Health and Safety Regulator must give its approval or consent before an activity can be carried out and the activity is an activity of a type authorised under a permit.
2: Despite the activity being authorised under a permit, it must not be carried out until—
a: the Health and Safety Regulator has given its approval or consent (in respect of the requirements of the Health and Safety in Employment Act 1992 or regulations made under that Act); and
b: the Health and Safety Regulator has advised the chief executive that it has given its approval or consent; and
c: the chief executive has notified the permit holder of the Health and Safety Regulator's advice.
33B: Health and Safety Regulator to notify chief executive of breaches of legislation
1: The Health and Safety Regulator must notify the chief executive if—
a: a permit holder is issued with a prohibition notice under the Health and Safety in Employment Act 1992; or
b: an enforcement action is taken against the permit holder under that Act.
2: Nothing in this Act derogates from the Health and Safety Regulator's responsibility for the administration and enforcement of that Act.
3: In this section, prohibition notice enforcement action
33C: Iwi engagement reports
1: Every holder of a Tier 1 permit must provide to the Minister an annual report of the holder's engagement with iwi or hapū whose rohe includes some or all of the permit area or who otherwise may be directly affected by the permit.
2: Every holder of a Tier 2 permit of any class or kind specified in the regulations must provide to the Minister an annual report of the holder's engagement with iwi or hapū whose rohe includes some or all of the permit area or who otherwise may be directly affected by the permit.
3: Regulations may specify—
a: an annual period to which annual reports must apply, which may vary for different classes or kinds of Tier 2 permit:
b: a time by which annual reports must be provided, which may vary for different classes or kinds of Tier 2 permit.
4: The first report to be provided under subsection (1) must relate to the period of 12 months ending with 31 December 2014.
33D: Annual review meeting for holders of Tier 1 permits
1: The chief executive may require the holder of a Tier 1 permit to attend, once in each permit year, a review meeting for the purposes of—
a: monitoring the permit holder's progress against the work programme for the permit; and
b: providing an opportunity for discussion between the chief executive, the permit holder, the appropriate Minister (but only if the permit relates to Crown land), and any regulatory agency that the chief executive has invited to attend the meeting.
2: Without limiting subsection (1)(b), the chief executive must invite any regulatory agency that he or she thinks is likely to have regulatory oversight of the activities under the permit to attend a review meeting. However, the chief executive may limit the agency's attendance at the meeting to only those parts of the meeting that are relevant to its oversight.
3: Unless otherwise agreed between the chief executive and a permit holder, a review meeting must be—
a: held on a date and at a place notified to the permit holder by the chief executive (which date must be at least 20 working days after the date of notification); and
b: attended by at least 1 representative of the permit operator who has sufficient seniority, expertise, and knowledge to enable full discussion of the work programme and conditions of the permit.
4: Any person other than those referred to in subsections (1) and (2) may attend a review meeting only with the consent of the permit holder. Section 26 amended 21 May 2013 section 9 Crown Minerals Amendment Act 2013 Amendment Act 2013
27: Section 35 replaced (Duration of permit)
Replace section 35
35: Duration of permit
1: A prospecting permit expires—
a: 4 years after the commencement date specified in the permit; or
b: if an earlier expiry date is specified in the permit, on that date.
2: A prospecting permit may not be extended beyond 4 years after the commencement date specified in the permit.
3: An exploration permit for petroleum expires—
a: 15 years after the commencement date specified in the permit; or
b: if an earlier expiry date is specified in the permit, on that date.
4: An exploration permit for petroleum may be extended only in accordance with section 35A
5: An exploration permit for minerals other than petroleum expires—
a: 10 years after the commencement date specified in the permit; or
b: if an earlier expiry date is specified in the permit, on that date.
6: An exploration permit for minerals other than petroleum may not be extended beyond 10 years after the commencement date specified in the permit, unless extended further under section 35A
7: A mining permit expires—
a: 40 years after the commencement date specified in the permit; or
b: if an earlier expiry date is specified in the permit, on that date.
8: A mining permit may be extended only in accordance with section 36(1), (2)
9: The Minister may, on the application of a permit holder, amend the commencement date of a permit, and subsection (1), (3), (5), or (7) applies accordingly, if the Minister is satisfied that—
a: the permit holder has been prevented from commencing activities under the permit by delays in obtaining consents under any Act; and
b: those delays have not been caused or contributed to by default on the part of the permit holder.
10: If the Minister amends the commencement date of a permit under subsection (9), the new commencement date must be specified in the permit.
35A: Appraisal extension of exploration permits
1: The holder of an exploration permit may apply to the Minister, in accordance with section 36(1) to (4) appraisal extension
2: However, the Minister may grant an appraisal extension under subsection (1) only if the Minister is satisfied that—
a: the permit holder has made a discovery that has the potential to lead to the granting of a mining permit; and
b: the current specified duration of the exploration permit does not allow sufficient time to appraise the discovery; and
c: the work programme in relation to the appraisal is adequate.
3: If the Minister grants an appraisal extension, it must be restricted to the land in the permit to which the Minister determines it is likely that the discovery relates.
4: A permit holder granted an appraisal extension under subsection (1) may apply to the Minister once only for a further appraisal extension, and subsection (1) applies as if the reference to an appraisal extension were a reference to a further appraisal extension.
35B: Conditions imposing relinquishment obligation: prospecting permits
1: The Minister may impose a condition of the kind described in subsection (2) on—
a: the grant of a prospecting permit other than a prospecting permit for petroleum; or
b: the grant of an application for a change to any prospecting permit other than a prospecting permit for petroleum.
2: The Minister may impose a condition requiring the permit holder to relinquish a specified amount of the permit area at a specified time or on a specified event (a relinquishment obligation
3: The Minister may impose a relinquishment obligation not more than twice in relation to a permit, and the total area to be relinquished must not exceed 50% of the original area of land to which the permit applied.
4: The holder of a permit that is subject to a relinquishment obligation must submit to the Minister for approval, within the time frame specified in the permit condition, a map of the area that the holder proposes to relinquish.
5: The Minister must consider the map and approve the area to be relinquished, with or without amendment, as he or she thinks fit.
35C: Conditions imposing relinquishment obligation: exploration permits
1: The Minister may impose a condition of the kind described in subsection (2) on—
a: the grant of an exploration permit; or
b: the grant of an application for a change to an exploration permit.
2: The Minister may impose a condition requiring the permit holder to relinquish a specified amount of the permit area at a specified time or on a specified event (a relinquishment obligation
3: The Minister may impose a relinquishment obligation not more than twice in relation to a permit, and the total area to be relinquished must not exceed,—
a: in the case of an exploration permit for petroleum, 75% of the original area of land to which the permit applied:
b: in the case of an exploration permit for minerals other than petroleum, 50% of the original area of land to which the permit applied.
4: The holder of a permit that is subject to a relinquishment obligation must submit to the Minister for approval, within the time frame specified in the permit condition, a map of the area that the holder proposes to relinquish.
5: The Minister must consider the map and approve the area to be relinquished, with or without amendment, as he or she thinks fit.
28: New cross-heading above section 36 inserted
Above section 36 Changes to permits .
29: Section 36 amended (Change to permit)
1: Replace section 36(1) to (4A)
1: The Minister may, on any conditions that he or she thinks fit and at any time or times during the currency of a permit, change a permit by granting a certificate of change to the permit—
a: with the prior written consent of the permit holder; or
b: on the written application of the permit holder; or
c: in the manner, if any, provided in the permit.
2: A change to a permit may do 1 or more of the following:
a: amend the conditions of the permit:
b: extend the land to which the permit relates:
c: change the minerals to which the permit relates:
d: extend the duration of the permit.
3: An application under subsection (1)(b) to extend the duration of an exploration permit for petroleum may only be made as provided by section 35A
4: An application under subsection (1)(b) to extend the duration of a mining permit in accordance with this section, or to extend the duration of an exploration permit under section 35A
4A: However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (4), the Minister may receive an application by a later date agreed by the Minister.
4B: All other applications under subsection (1)(b) must be received by the Minister not later than 90 days before—
a: the expiry date of the permit; or
b: in the case of an application to change the specified date by which specified work must be carried out, the specified date; or
c: in the case of an application to change the specified work that must be carried out by a specified date, the specified date.
4C: However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (4B), the Minister may receive an application by a later date agreed by the Minister (which date must not be later than the date of expiry of the permit or the specified date by which the specified work must be done).
4D: If a permit holder makes an application to which subsection (4B)(b) or (c) applies, the permit holder does not contravene the condition that the permit holder has applied to change if the condition—
a: must be complied with or fulfilled while the application is being considered by the Minister; and
b: is not complied with or fulfilled while the application is being considered by the Minister.
4E: However, if the application is declined, the permit holder contravenes the condition from the date on which the condition should have been complied with or fulfilled.
2: In section 36(5)(a) date of expiration expiry date
3: In section 36(5A) section 37 section 35A
30: Sections 37 and 38 replaced
Replace sections 37 38
37: Process for Minister's proposal to change work programme for petroleum mining permit
1: The work programme for a petroleum mining permit granted on or after the commencement of this section may be changed in accordance with this section if the change is necessary to maximise the economic recovery of the petroleum in accordance with good industry practice.
2: If the Minister considers, on the basis of information on the characteristics and extent of the petroleum field received by the Minister at any time during the currency of the permit, that a change to the work programme is necessary, the Minister must notify the permit holder of the proposed change and set out the reasons why it is being proposed.
3: If the permit holder and the Minister cannot agree on the proposed changes, the permit holder may notify the Minister within 30 days after the date of the notification under subsection (2) (or within any further time that the Minister may allow) that the permit holder requires a determination by an independent expert on—
a: whether the work programme should be changed to maximise the economic recovery of the petroleum in accordance with good industry practice; and
b: what any change should be.
4: If the permit holder does not exercise the right under subsection (3) within the time specified by or allowed under that subsection, the conditions of the permit are deemed to be changed as proposed by the Minister.
5: If the permit holder exercises the right under subsection (3) within the time specified by or allowed under that subsection, an independent expert must be appointed by agreement between the Minister and the permit holder, or, failing agreement, by the President of the New Zealand Law Society (or his or her delegate) on the application of either party.
38: Determination by independent expert
1: In making a determination for the purposes of section 37(3)
2: Each party must provide a single set of written submissions, and any written evidence and any relevant documents or technical reports may be provided with the submissions.
3: In accordance with a timetable set by the independent expert,—
a: the permit holder must provide its submissions to the independent expert and provide a copy to the Minister at the same time; and
b: the Minister must subsequently provide his or her submissions to the independent expert and provide a copy to the permit holder at the same time.
4: The Minister and the permit holder must provide the independent expert with any assistance the independent expert may reasonably request.
5: After due consideration, the independent expert must provide a written determination to the Minister and the permit holder.
6: Any change to a work programme determined by the independent expert—
a: must be limited to what is reasonably required to ensure that the economic recovery of the resource is maximised in accordance with good industry practice; and
b: takes effect on the date of the determination.
7: The conditions of the permit holder's permit are deemed to be changed—
a: in accordance with any change to a work programme determined by the independent expert; and
b: with effect on the date of the determination.
8: The independent expert must not act as a mediator or an arbitrator and the Arbitration Act 1996 does not apply.
9: The independent expert's fees must be borne equally by the Minister and the permit holder unless the independent expert determines one party should bear a greater proportion or all of the fees on the ground that the party's position has not been reasonable.
10: The independent expert's determination is final and binding on the parties and there is no right of appeal against the determination. However, if the Minister and the permit holder agree a different allocation of costs to that determined by the independent expert, the determination must be treated as varied to the extent agreed.
11: The permit holder must continue to comply with its existing work programme pending the independent expert's consideration and determination of the matter.
31: Section 39 amended (Revocation of permit)
1: Replace the heading to section 39 Revocation or transfer of permit
2: Replace section 39(1) to (6)
1: The Minister may revoke a permit or transfer a permit to the Minister (in replacement for the permit holder)—
a: if the Minister is satisfied that a permit holder has contravened—
i: a condition of the permit; or
ii: this Act or the regulations; or
b: in any case where a condition relates to payment of money to the Crown under the permit, this Act, or the regulations, payment has not been made within 90 days after the due date for the payment.
2: Before deciding whether to revoke or transfer a permit, the Minister must serve on the permit holder written notice of his or her intention to revoke or transfer the permit that—
a: sets out the grounds on which the Minister intends to revoke or transfer the permit; and
b: gives the holder 40 working days after the date on which the notice is served to—
i: remove the grounds for the revocation or transfer; or
ii: provide reasons why the permit should not be revoked or transferred.
3: The Minister may, by serving written notice on the permit holder, revoke or transfer the permit with effect on the date that is 41 working days after the date on which the notice under subsection (2) is served if—
a: the grounds for revocation or transfer have not been removed; or
b: after having considered reasons provided in accordance with subsection (2)(b)(ii), the Minister still considers there are grounds for revoking or transferring the permit.
4: If the Minister transfers a permit in accordance with subsection (3),—
a: the permit is automatically transferred into the name of the Minister; and
b: the consent of the Minister under section 41
c: the Minister may exercise the rights granted by the permit, or offer it or any share in it for sale by public tender or otherwise.
5: A permit holder who is served with written notice under subsection (3) may, not later than 20 working days after the date on which the notice is served, appeal against the Minister's decision to the High Court, but only on the ground that the decision is erroneous in point of law.
6: Pending the determination of an appeal under subsection (5), the permit in respect of which the appeal is made continues in force for all purposes unless it sooner expires.
6A: The Minister must record any revocation or transfer of a permit on the register of permits, but need not record the reasons for the revocation or transfer.
32: Section 40 amended (Surrender of permit)
1: Replace section 40(1)
1: A permit holder may apply to the chief executive to surrender a permit or any part of it by—
a: lodging an application; and
b: paying any money the permit holder owes to the Crown under this Act; and
c: providing information and records as required by the permit, this Act, or the regulations.
2: Replace section 40(2)
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.
3: After section 40(2)
2A: Despite subsection (1)(b) and (c), the chief executive may accept a surrender application even though the permit holder has not paid to the Crown all the money owing to the Crown or has not provided to the chief executive all the information and records required to be provided.
4: Replace section 40(3)
3: For the purposes of subsections (5) and (6), if a permit vests in the Crown under this section,—
a: the permit is deemed to have been surrendered under this section; and
b: the date on which the permit is deemed to have been surrendered,—
i: for the purposes of subsection (5), is the date that the surrender application was lodged; and
ii: for the purposes of subsection (6), is the date of the Minister's decision under subsection (2).
5: After section 40(7)
7A: The Minister may approve the area to be surrendered, with or without amendment, as he or she thinks fit. Section 32(2) replaced 21 May 2013 section 10(1) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 32(4) amended 21 May 2013 section 10(2) Crown Minerals Amendment Act 2013 Amendment Act 2013
33: Section 41 replaced (Transfers and other dealings with permits)
Replace section 41
41: Transfer of interest in permit
1: The transfer of all or part of a participating interest in a permit requires the consent of the Minister under this section.
2: An application for consent to a transfer must—
a: be made jointly by the relevant permit participant and the transferee; and
b: be made within 3 months after the date of the agreement that contains the transfer; and
c: be accompanied by a copy of the agreement that contains the transfer; and
d: be accompanied by evidence of the notification required under subsection (3).
3: Before or at the same time as the application is made, the permit participant must notify any other permit participants that it has applied for consent to the transfer.
4: If so required by the Minister, the transferee must provide to the Minister—
a: a statement, signed by or on behalf of the transferee, in which the person signing the statement must confirm that the transferee has the financial capability to meet its obligations under the permit (a statement of financial capability
b: any specified supporting information.
5: If the transferee is a company, a statement of financial capability must be signed on behalf of all the directors by at least 2 directors of the company or, if the company has only 1 director, by that director.
6: Before granting consent, the Minister must be satisfied that the transferee is likely to be able to comply with the conditions of, and give proper effect to, the permit.
7: The chief executive must record the transfer of any participating interest consented to by the Minister under this section on the permit concerned and the transfer is effective, for the purposes of the permit, this Act, and the regulations from the date of the Minister's consent.
41A: Change of control of permit participants
1: For the purposes of this section, a corporate body undergoes a change of control
a: a person ( person A
b: a person ( person A
2: A permit participant must notify the Minister in accordance with subsection (3) if—
a: the permit participant is a corporate body and undergoes a change of control; or
b: a corporate body that has provided a guarantee for the permit participant's obligations under the permit ( guarantor
3: The notification must be given within 3 months of the change of control and be accompanied by—
a: a copy of any agreement or document that specifies the change of control; and
b: a statement from the permit participant that it has the financial capability to meet its obligations under the permit; and
c: in the case of a change of control of a guarantor, a statement from the guarantor that it has the financial capability to meet its obligations under the guarantee.
4: A statement for the purposes of subsection (3)(b) or (c) must be signed,—
a: if the permit participant or guarantor is a company, on behalf of all the directors by at least 2 directors of the company or, if the company has only 1 director, by that director; or
b: if the permit participant or guarantor is not a company, by a person responsible for the management of the permit participant or guarantor.
5: If required to do so, a permit participant must provide to the Minister information or documents relevant to the financial capability of the person A concerned, which may be—
a: general information about that person's financial capability; or
b: information specific to the matters referred to in subsection (3)(b) and (c).
6: However, the permit participant must do so only if the Minister requests the information or documents no later than 3 months from the date on which the permit participant notifies the Minister of the change of control in accordance with this section.
7: The Minister may revoke the permit in accordance with the procedure set out in section 39 if the Minister—
a: is not satisfied that, following the change of control, the permit holder has the financial capability to meet its obligations under the permit; and
b: revokes the permit no later than 3 months from the date on which the permit participant notifies the change of control in accordance with this section.
8: In subsection (1)(b), a specified person
a: a person who is acting or will act jointly or in concert with person A in respect of exercising, or controlling the exercise of, the voting rights of the permit participant; or
b: a person who acts, or is accustomed to acting, in accordance with the wishes of person A.
41B: Dealings
1: A permit participant may enter into a dealing.
2: However, the dealing has no legal effect if the dealing relates to a Tier 1 permit and the Minister does not consent to the dealing.
3: An application for consent to a dealing must—
a: be made to the Minister; and
b: be made within 3 months after the date of the agreement that contains the dealing; and
c: be accompanied by a copy of the agreement that contains the dealing.
4: In this section, dealing
a: a reasonable person would consider that the agreement—
i: has not been entered into on an arm’s-length basis; or
ii: is not on arm’s-length terms; or
iii: is otherwise not on a fair market basis; or
b: the term of the agreement is for 12 months or longer.
41C: Change of permit operator
1: A permit operator may be changed only with the prior consent of the Minister and no change of permit operator has any effect without that consent.
2: An application for consent must—
a: be made by the permit holder; and
b: be made jointly with the proposed new operator if that operator is not an existing permit participant.
3: The Minister may give consent to the change only—
a: if the Minister is satisfied that the permit holder, given the change in permit operator, is likely to—
i: comply with, and give proper effect to, the work programme for the permit; and
ii: comply with the relevant obligations under this Act or the regulations in respect of reporting and the payment of fees and royalties; and
b: if the change of operator relates to a Tier 1 permit for exploration or mining, if the Health and Safety Regulator—
i: is satisfied that any requirements of the Health and Safety in Employment Act 1992, or regulations made under that Act, that the proposed operator must meet before carrying out day-to-day management of activities under the permit have been, or are likely to be, met; and
ii: has advised the chief executive that it is so satisfied.
41D: General provisions relating to transfers, dealings, and changes of permit operator
1: The Minister may grant consent under section 41, 41B, or 41C
2: All conditions of the Minister’s consent are, for the purposes of this Act, deemed to be conditions of the permit concerned.
3: If, as a result of the transfer of a participating interest in a permit, a person ceases to have an interest in the permit, that person ceases to have any rights or obligations under the permit except in respect of any contravention of the conditions of the permit that occurred before the date of transfer of the participating interest.
4: Subsection (3) is subject to—
a: the conditions of the permit; and
b: the conditions of the Minister's consent on the transfer of the participating interest. Section 33 amended 21 May 2013 section 11 Crown Minerals Amendment Act 2013 Amendment Act 2013
34: Section 42A amended (Authorisation of geophysical surveys on adjacent land)
In section 42A(2) were a prospecting
35: Section 43 amended (Work programmes to be approved by Minister)
1: Replace section 43(1)
1: Where an application is made for a permit and the applicant has a right to receive the permit under section 32, the Minister must not grant the permit unless he or she has approved the work programme for the permit.
2: In section 43(2)(b)(i) and (3)(b)(i) recognised good exploration or mining good industry
36: Section 44 amended (Duty of Minister withholding approval of work programme)
In section 44(3) and (4) recognised good exploration or mining good industry
37: Section 46 amended (Unit development)
1: In section 46(1)(b) prevent waste, avoid unnecessary competitive extraction, and
2: After section 46(4)
5: The Minister may recover from permit or existing privilege holders any costs incurred by him or her in approving or preparing a development scheme under this section, including the costs of any advice received from an independent expert, and may apportion those costs between the holders as he or she thinks fit.
6: Subsection (7) applies if a development scheme is required under subsection (1) for a petroleum mineral deposit.
7: The Minister may, by notice in writing, require 1 or more permit holders or existing privilege holders to suspend or reduce production from any well specified in the notice during the preparation of the development scheme if—
a: the Minister is satisfied that the suspension or reduction is necessary to secure the maximum ultimate recovery of the petroleum mineral deposit; and
b: before issuing the notice, he or she has consulted all relevant permit or existing privilege holders.
8: In subsection (7), permit holder or existing privilege holder
38: Section 53 amended (Access to land for petroleum)
Replace section 53(3)
3: Subsection (2) does not apply if the permit relates to—
a: land in the continental shelf; or
b: land in the common marine and coastal area, but if the permit relates to land described in Schedule 4
i: in respect of land that is not subject to a customary marine title order or agreement; and
ii: in accordance with an access arrangement agreed in writing between the permit holder, the Minister, and the appropriate Minister in relation to an activity set out in section 61(1A)(a) to (e)
39: Section 54 amended (Access to land for minerals other than petroleum)
Replace section 54(3)
3: Subsection (2) does not apply if the permit relates to—
a: land in the continental shelf; or
b: land in the common marine and coastal area, but if the permit relates to land described in Schedule 4
i: in respect of land that is not subject to a customary marine title order or agreement; and
ii: in accordance with an access arrangement agreed in writing between the permit holder and the appropriate Minister in relation to an activity set out in section 61(1A)(a) to (e)
40: Section 59 amended (Notice of request for grant of right of access)
1: In section 59(2)(e) notice ; and
2: After section 59(2)(e)
f: if the notice relates to access to Crown land or land in the common marine and coastal area, the direct net economic and other benefits of the proposed activity in relation to which the access arrangement is sought.
41: Section 61 amended (Access arrangements in respect of Crown land and land in common marine and coastal area)
1: Replace section 61(1)
1: The appropriate Minister may, by agreement with the permit holder concerned, enter into the following arrangements in respect of Crown land or, subject to sections 53(3) and 54(3)
a: an initial access arrangement in relation to a Tier 2 permit:
b: a variation to an existing access arrangement in relation to a Tier 2 permit:
c: a variation to an existing access arrangement in relation to a Tier 1 permit, except if the variation is to allow access for the purpose of significant exploration or mining activities.
1AA: The Minister and the appropriate Minister may, by agreement with the permit holder concerned, enter into the following arrangements in respect of Crown land or, subject to sections 53(3) and 54(3)
a: an initial access arrangement in relation to a Tier 1 permit:
b: a variation to an existing access arrangement in relation to a Tier 1 permit if the variation is to allow access for the purpose of significant exploration or mining activities.
1AAB: The appropriate Minister must determine whether or not activities are significant exploration or mining activities for the purposes of this section and, in doing so, must have regard to—
a: the effects the activities are likely to have on conservation values for the land concerned; and
b: the effects the activities are likely to have on other activities on the land; and
c: the activities' net impact on the land, either while the activities are taking place or after their completion; and
d: any other matters that the appropriate Minister considers relevant to achieving the purpose of this Act.
2: In section 61(1A) Conservation , or the Minister and the Minister of Conservation, as the case may be,
3: In section 61(1A) or enter into any access arrangement , or variation to an access arrangement, or enter into any access arrangement, or variation to an access arrangement,
4: In section 61(1A) (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977)
5: In section 61(1A)(d) of the Crown Minerals Act 1991 or 98A
6: Replace section 61(1A)(e)
e: any special purpose mining activity carried out in accordance with a mining permit.
7: In section 61(2) access arrangement , or variation to an access arrangement,
8: In section 61(2) appropriate Minister , or the Minister and the appropriate Minister, as the case may be,
9: After section 61(2)(d)
da: the direct net economic and other benefits of the proposed activity in relation to which the access arrangement is sought; and
db: if section 61C(3) .
10: In section 61(2)(e) considers , or the Minister and the appropriate Minister, as the case may be, consider
11: In section 61(4) subsections (6) and (7) subsections (6) to (9)
12: In section 61(6)(b) Crown owned
13: After section 61(8)
9: No Order in Council may be made under subsection (4) that results in land within a category of land described in clauses 1 to 8 of Schedule 4
10: To avoid doubt, subsection (9) does not limit or affect—
a: any provision of any other enactment that has the effect of excluding land from clauses 1 to 8 of Schedule 4
b: any action taken under a provision of any other enactment that has the effect of excluding land from clauses 1 to 8 of Schedule 4
42: New section 61C inserted (Public notification of certain access arrangements)
After section 61B
61C: Public notification of certain access arrangements
1: This section applies if an application under section 61 is made for an access arrangement in respect of Crown land for which the Minister of Conservation is the appropriate Minister and the purpose of access is to allow mining activities.
2: The Minister of Conservation must determine whether or not the proposed activities are significant mining activities and, in doing so, must have regard to—
a: the effects the activities are likely to have on conservation values for the land concerned; and
b: the effects the activities are likely to have on other activities on the land; and
c: the activities' net impact on the land, either while the activities are taking place or after their completion; and
d: any other matters that the Minister considers relevant to achieving the purpose of this Act.
3: If the Minister of Conservation determines the proposed mining activities to be significant mining activities,—
a: he or she must ensure that the application is publicly notified in accordance with section 49 of the Conservation Act 1987 as if the application were required to be publicly notified under that Act; and
b: section 49 of that Act applies with the necessary modifications; and
c: the Director-General of Conservation must perform the duties required by that section as if the application were a proposal, including sending a recommendation and summary of objections and comments received to the Minister of Conservation and, if the application relates to a matter to which section 61(1AA)
4: The public notification of an application in accordance with subsection (3) may (without limitation) be conducted in conjunction with the public notification of any related concession application under the Conservation Act 1987.
43: Sections 90 and 90A and cross-heading above section 90 replaced
Replace sections 90 90A Registers, records, and use of information
90: Permit holder records and reports
1: Each permit holder must keep detailed records and reports in respect of all prospecting, exploration, and mining activities conducted by or on behalf of the permit holder—
a: in accordance with the conditions of the permit and the regulations; and
b: in a form that is readily accessible at all reasonable times by the chief executive or any person authorised in writing by the chief executive.
2: Each permit holder must provide to the chief executive, in accordance with the conditions of the permit and the regulations, a copy of the records and reports required to be kept under subsection (1) and, on the expiry of whichever of the periods referred to in subsection (6) first occurs, the chief executive must send a copy of those records and reports to the person designated by the Minister for the purposes of this subsection.
3: If requested by the chief executive to do so, a permit holder must provide to the chief executive—
a: a copy of any report made by or for the permit holder in respect of any activities under the permit:
b: a report on any specified aspect of the permit holder's activities under the permit.
4: When part of a permit is relinquished under section 35B or 35C
5: If a permit is revoked or transferred to the Minister under section 39, the person who (immediately before the permit was revoked or transferred) was the permit holder must provide to the chief executive any report, document, or other information as required by the regulations.
6: The information supplied by a permit holder under subsections (1) to (3), other than information in relation to permits specified in subsection (7), must be made available by the chief executive to any person who requests it, on the payment of a reasonable charge for the costs incurred in making the information available, on and from the earliest of the following events:
a: the expiry of 5 years from the date on which the information was obtained by the permit holder:
b: the expiry of the permit and every subsequent permit in respect of that permit (in so far as the information relates to land covered by both the initial and any subsequent permit):
c: if the permit holder surrenders the permit and is concurrently granted (under section 36(2)(b)
7: The information supplied by a permit holder under subsections (1) to (3) in respect of a prospecting permit for petroleum, or a non-exclusive prospecting permit for a mineral other than petroleum, must be made available by the chief executive to any person who requests it, on the payment of a reasonable charge for the costs incurred in making the information available, on and from the earlier of the following events:
a: the expiry of 15 years from the date on which the information was obtained by the permit holder:
b: the conclusion of a public tender process for exploration permits to the extent that the information relates to land to which the public tender relates, except if the public tender process concludes earlier than 5 years from the date on which the information was obtained by the permit holder, in which case, the expiry of the 5 years.
8: Despite subsection (7), all information provided under subsections (1) to (3) to the chief executive by a non-exclusive petroleum prospecting permit holder who is determined to be a speculative prospector under section 90C
9: The Minister, the chief executive, or an enforcement officer may use information supplied under this section at any time before or after the information is required to be made available under any of subsections (6) to (8) for the purpose of exercising any power or performing any function conferred on the person by or under this Act.
10: Section 90A
11: Nothing in this section requires the chief executive to send or make available any records, reports, information, or returns relating to the calculation and payment of royalties by permit holders.
90A: Disclosure of information
1: The Minister, an appropriate Minister, the chief executive, or any enforcement officer must not disclose any information provided under or for the purposes of any of 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 unless—
a: the disclosure is for the purposes of, or in connection with, the performance or exercise of any function, duty, or power conferred or imposed by or under this Act on the Minister, the chief executive, or any enforcement officer; or
b: the information is publicly available; or
c: the disclosure is with the consent of the person to whom the information relates, or to whom the information is confidential; or
d: the disclosure is in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or
e: disclosure is required by another enactment; or
f: disclosure is required by a court of competent jurisdiction; or
g: the information is disclosed to a regulatory agency under section 90E
2: Any information that is disclosed under subsection (1)(a) for the purposes of, or in connection with, the Minister's function of attracting permit applications under section 5(a)
3: All disclosures that are made under subsection (1)(a) to an external adviser to the Minister must be made on a confidential basis.
90B: Disclosure and publication of mineral resources and mineral production information
1: Every holder of a permit must provide to the chief executive all information in connection with mineral resources and mineral production that is prescribed as information that must be provided under this section.
2: The information must be provided in accordance with the regulations.
3: The chief executive may, in accordance with the regulations, publish all, or any part, of the information provided under this section.
4: For the purposes of this section, holder of a permit
90C: Provisions relating to speculative prospectors
1: A non-exclusive petroleum prospecting permit holder may apply to the Minister for a determination that the holder is a speculative prospector and, if the Minister is satisfied that the holder is a speculative prospector, the Minister must confer that status on the permit holder effective from the date of conferral.
2: An applicant for a non-exclusive petroleum prospecting permit may, at the same time as applying for the permit, apply to the Minister for a determination that, if granted a permit, the applicant will be a speculative prospector and, if the Minister is satisfied that the applicant will be a speculative prospector, the Minister must confer that status on the applicant, effective from the date the permit is granted, if the Minister grants the permit application.
3: If a permit holder with speculative prospector status subsequently becomes aware that the holder no longer falls within the definition of a speculative prospector, the holder must notify the Minister as soon as practicable and in any case not later than 10 working days after the date on which the holder becomes aware of that fact.
4: If the Minister, having previously determined that a permit holder is a speculative prospector, subsequently considers that the permit holder's business activities are not consistent with those of a speculative prospector (for example, because the holder is providing or selling data on an exclusive basis to 1 petroleum explorer), the Minister may, by notice in writing to the permit holder, remove the permit holder's status as a speculative prospector.
5: Before removing a permit holder's status under subsection (4), the Minister must—
a: inform the permit holder of his or her intention and provide an opportunity for the permit holder to comment; and
b: consider any representations made by the permit holder.
6: If a permit holder notifies the Minister under subsection (3) or the Minister removes a permit holder's status as a speculative prospector under subsection (4), section 90(7)
7: In this Act, speculative prospector
90D: Treatment of speculative prospecting information purchased or licensed by permit holder
1: If a permit holder purchases or licenses information that relates to the permit from a speculative prospector, for the purposes of section 90
2: However, when providing the information to the chief executive under section 90(2)
3: Despite section 90(6) and (7)
4: A permit holder must, if requested to do so, provide evidence to satisfy the chief executive that any information supplied to him or her by the permit holder under section 90
90E: Providing information to regulatory agencies
1: The Minister, an appropriate Minister, or the chief executive may provide to the Health and Safety Regulator any information, or a copy of any document, that he or she—
a: holds in relation to the performance or exercise of his or her functions, duties, or powers under this Act that relate to a permit or an application for a permit; and
b: considers may assist the Health and Safety Regulator's chief executive in the performance or exercise of his or her functions, duties, or powers under the Health and Safety in Employment Act 1992.
2: The Minister, an appropriate Minister, or the chief executive may provide to Maritime New Zealand any information, or a copy of any document, that he or she—
a: holds in relation to the performance or exercise of his or her functions, duties, or powers under this Act that relate to a permit or an application for a permit; and
b: considers may assist the Director of Maritime New Zealand in the performance or exercise of his or her or Maritime New Zealand's functions, duties, or powers under the Maritime Transport Act 1994.
3: The Minister may provide to the Environmental Protection Authority (established by section 7 of the Environmental Protection Authority Act 2011) and to any consent authority any information, or a copy of any document, that the Minister—
a: holds in relation to the matters referred to in section 29A(2)(d) section 24, 29A, or 29B
b: considers may assist—
i: the Environmental Protection Authority in the performance or exercise of its functions, duties, or powers under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 or the Resource Management Act 1991; or
ii: a consent authority in the performance or exercise of its functions, duties, or powers under the Resource Management Act 1991.
4: However, subsections (1) to (3) do not apply to any information obtained under section 90
5: A regulatory agency must not disclose any information provided to it under this section to any other person or organisation unless—
a: the disclosure is for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed by a specified Act on the regulatory agency; or
b: the information is publicly available; or
c: the disclosure is with the consent of the person to whom the information relates, or to whom the information is confidential; or
d: the disclosure is in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or
e: disclosure is required by another enactment; or
f: disclosure is required by a court of competent jurisdiction.
90F: Conditions that may be imposed on providing information or documents under section 90E
1: A person providing information or documents under section 90E(1), (2), or (3)
2: The conditions imposed under this section may include (without limitation) conditions relating to—
a: the storing of, use of, or access to anything provided:
b: the copying, returning, or disposing of copies of documents provided.
90G: Regulatory agency may provide information for purposes of this Act
1: A regulatory agency may provide to a recipient specified in subsection (2) any information or a copy of any document that it believes would assist the recipient in the performance or exercise of the recipient's functions, duties, or powers under this Act.
2: The recipients are—
a: the Minister:
b: an appropriate Minister:
c: the chief executive:
d: an enforcement officer.
3: A regulatory agency may provide to another regulatory agency any information or a copy of any document that it believes would assist that other agency in the performance or exercise of its functions, duties, or powers under a specified Act that relate to activities under or associated with a permit.
4: A person or an agency that receives information provided under this section must not disclose the information to any other person or organisation unless—
a: the disclosure is made for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed by this Act or a specified Act on the person or agency; or
b: the information is publicly available; or
c: the disclosure is made with the consent of the person to whom the information relates or to whom the information is confidential; or
d: the disclosure is made in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or
e: the disclosure is required by another enactment; or
f: the disclosure is required by a court of competent jurisdiction. Section 43 amended 21 May 2013 section 6 Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 43 amended 21 May 2013 section 12(1) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 43 amended 21 May 2013 section 12(2) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 43 amended 21 May 2013 section 12(3) Crown Minerals Amendment Act 2013 Amendment Act 2013
44: Section 91 amended (Secretary to keep registers)
Replace section 91(1) and (2)
1: The chief executive must keep a register of permits in the form that he or she thinks fit on which is entered brief particulars of all permits, including, in respect of each permit, the name and contact details of the permit participants, the name and contact details of the permit operator, and any changes, transfers, or leases of the permit.
2: The chief executive must ensure that the following information is available for public inspection on an Internet site maintained by or on behalf of the chief executive:
a: a copy of every permit granted under this Act and all changes to a permit; and
b: the register (or a copy of the register) kept under subsection (1); and
c: any other prescribed documents.
45: Section 92 amended (Permits are not real or personal property)
1: Replace section 92(2)(a)
a: on the death of a permit participant, his or her participating interest vests in the personal representative of the permit participant as if the participating interest were personal property, and the personal representative may deal with the participating interest to the same extent as the permit participant would have been able to; and .
2: In section 92(2)(c) 1988 ; and
3: After section 92(2)(c)
d: a permit is personal property for the purposes of the Personal Property Securities Act 1999.
4: After section 92(3)
4: In the case of a participating interest to which subsection (2)(a) applies, the participating interest must be treated as property for the purposes of the distribution of the permit participant's estate and the permit participant's personal representative may transfer the participating interest to a beneficiary of the permit participant's estate without obtaining consent under section 41
46: New section 92A inserted (Effect of liquidation or loss of registration of company)
After section 92
92A: Effect of liquidation or loss of registration of company
1: On the liquidation of a permit participant, its participating interest vests in the liquidator as if it were personal property, and the liquidator may deal with the participating interest to the same extent as the permit participant would have been able to.
2: On the removal of a permit participant from the New Zealand register under the Companies Act 1993, all participating interests held by the permit participant company vest in the Crown as if they were personal property.
47: Section 95 amended (Address for service)
1: In section 95(1) of an of a physical
2: In section 95(1) different physical
3: After subsection (2), insert:
3: Every permit participant must give written notice to the chief executive of an address (which may be an email address) and telephone number at which the permit participant can be contacted.
4: A permit participant must give written notice to the chief executive of any change to the address or telephone number provided under subsection (3) as soon as reasonably practicable, but no later than 10 working days after the change takes effect.
48: Section 97 amended (Application of monetary deposits)
In section 97(4)(b) payments outstanding (including interest payable under section 99J
49: New section 97A (Chief executive may prescribe form of certain documents)
After section 97
97A: Chief executive may prescribe form of certain documents
1: The chief executive may prescribe—
a: the form and electronic format of any applications, returns, information accompanying any applications or returns, or any other documents that are not otherwise prescribed in regulations made under this Act:
b: the manner in which any applications, returns, information, or other documents must be submitted or notified if the manner of submission or notification is not otherwise prescribed in regulations made under this Act.
2: For the purposes of subsection (1)(a), the chief executive may prescribe different forms or formats for different classes of permits or minerals.
3: The chief executive must publish any form or format prescribed under subsection (1) on an Internet site maintained by or on behalf of the chief executive.
4: The production by the chief executive of any document purporting to be a prescribed form or an extract from a prescribed form, or a copy of a form or an extract, is, in all courts and in all proceedings, unless the contrary is proved, sufficient evidence that the form or electronic format was prescribed.
5: To avoid doubt, if the chief executive prescribes an electronic format for a form, the chief executive may require any signature on the form to be an electronic signature.
50: Section 98 amended (Gold fossicking areas)
In the heading to section 98 areas (Crown land)
51: New section 98A inserted (Gold fossicking areas (other land))
After section 98
98A: Gold fossicking areas (other land)
1: The Minister may, by notice in the Gazette
2: The notice must—
a: state that the area is open for public fossicking in respect of gold; and
b: specify the area and its general location; and
c: state that a person has the right to mine for gold in the area by means only of non-motorised hand held tools; and
d: state any other terms or conditions that apply when a person is fossicking in the area (as agreed between the Minister and the owner of the land).
3: The Minister must revoke a designation made under subsection (1) if requested to do so by the authority.
52: New sections 99A to 99M and cross-headings inserted
After section 99 Provisions relating to enforcement officers, auditing, and requiring information
99A: Appointment of enforcement officers
1: The chief executive may appoint 1 or more persons who are employees of a government department, a Crown entity, or a local authority to exercise 1 or more of the powers and perform the functions conferred on enforcement officers under this Act.
2: The chief executive must supply each enforcement officer with a warrant of authorisation that clearly states the powers and functions of the officer.
3: An enforcement officer who exercises, or purports to exercise, a power conferred on the enforcement officer under this Act must carry and produce, if required to do so,—
a: his or her warrant of authorisation; and
b: evidence of his or her identity.
4: An enforcement officer must, on the termination of the enforcement officer's appointment, surrender his or her warrant to the chief executive.
99B: Powers of enforcement officers
1: Any enforcement officer, specifically authorised in writing by the Minister to do so, may at all reasonable times go on, into, under, or over any place or structure, except a dwellinghouse or marae, for the purpose of determining whether a permit, this Act, or the regulations are being complied with.
2: If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the enforcement officer must leave in a prominent position at the place, or attached to a structure on the place, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection.
3: An enforcement officer may not enter, unless the permission of the landowner is obtained, any land that any other Act states may not be entered without that permission.
4: An enforcement officer who exercises the power of inspection under this section may be accompanied by any person or persons reasonably necessary to assist the enforcement officer with the inspection.
5: A person who provides assistance under subsection (4) may exercise the powers provided to enforcement officers under subsection (1).
99C: Application for warrant for entry to search
1: An issuing officer (within the meaning of section 3(1) of the Search and Surveillance Act 2012) may issue a warrant authorising the entry and search of any place or vehicle if, on an application made in the manner provided in subpart 3 of Part 4 of that Act, he or she is satisfied that there are reasonable grounds for believing that there is in, on, under, or over any place or vehicle anything—
a: in respect of which an offence has been or is suspected of having been committed against this Act or the regulations; or
b: that will be evidence of an offence against this Act or the regulations; or
c: that is intended to be used for the purpose of committing an offence against this Act or the regulations.
2: An application may be made under subsection (1) by—
a: a constable; or
b: an enforcement officer specifically authorised in writing by the Minister to apply for search warrants.
99D: Application of Part 4 of Search and Surveillance Act 2012
Part 4 of the Search and Surveillance Act 2012 (other than sections 118 and 119) applies, with any necessary modifications, in respect of inspections or searches undertaken under this Act by enforcement officers.
99E: Auditing
1: A person referred to in subsection (2) may carry out an audit of records, kept by or on behalf of the chief executive or a permit holder, for the purpose of obtaining information about the following matters and reporting that information to the chief executive:
a: the calculation of mineral resources by a permit holder undertaking mining activities:
b: the calculation and payment of the correct amount of royalties due by a permit holder:
c: the calculation and payment of any other money payable to the Crown:
d: compliance with any prescribed requirement to keep or provide records or other information.
2: The following persons may carry out an audit if directed by the chief executive:
a: an enforcement officer:
b: an independent auditor appointed by the chief executive.
3: If the chief executive requires an independent auditor to be appointed, the permit holder must pay the independent auditor's costs if required to do so by the chief executive.
4: However, the chief executive may require the payment of those costs only if the auditor has found material failures in relation to any calculations or payments or the keeping or providing of records or other information by the permit holder.
99F: Power to require information
1: The Minister, the chief executive, or any enforcement officer may, by written notice, require any person to provide any information that the person giving the notice considers is necessary for any purpose relating to that person’s functions, duties, or powers under this Act or for the administration or enforcement of this Act.
2: The information specified in the notice may relate to—
a: any aspect of the operation of a permit:
b: any commercial agreements or arrangements to which a permit participant is a party.
3: Information may be disclosed to the Minister, the chief executive, or an enforcement officer in confidence if—
a: a person who is required to provide information under subsection (1) so requests; and
b: the Minister, chief executive, or enforcement officer agrees to that request in writing.
4: A person required to provide any information under this section must provide the information—
a: in the form and in the manner set out in the notice; and
b: within any reasonable time specified in the notice requiring the information; and
c: free of charge; and
d: regardless of whether the Minister, chief executive, or enforcement officer agrees to the information being disclosed in confidence.
99G: Protection of persons acting under authority of this Act
1: No enforcement officer or person called upon to assist an enforcement officer who does an act, or omits to do an act, when performing a function or exercising a power conferred on that person by or under this Act (other than when exercising powers of inspection or search under sections 99B and 99C
2: Sections 166 and 167 of the Search and Surveillance Act 2012 apply in relation to persons exercising powers of inspection or search under sections 99B and 99C Royalties and interest
99H: Royalties
Every permit holder must—
a: submit royalty returns in accordance with the relevant permit, this Act, and the regulations; and
b: pay royalties in accordance with the relevant permit, this Act, and the regulations.
99I: Power to amend royalty returns or make default assessment
1: If the chief executive is satisfied that the information contained in a royalty return is incorrect, he or she may, at any time, amend the return and any assessment of the permit holder’s liability to pay money to the Crown (an amendment
2: If a permit holder fails to submit a royalty return when required to do so under this Act, the regulations, or a permit, the chief executive may make an assessment (a default assessment
3: As soon as practicable after making an amendment or a default assessment, the chief executive must notify the permit holder of—
a: the particulars of the amendment or default assessment; and
b: any grounds or information upon which the amendment or default assessment was based; and
c: the right of the permit holder to object (as set out in section 99K
4: If an amendment or a default assessment results in the permit holder owing money to the Crown, the permit holder must pay the amount due within 20 working days after the date on which the permit holder is notified under subsection (3).
5: If an amendment shows that a permit holder has overpaid the amount of royalties due, the chief executive must, within 20 working days after the date of the amendment, arrange for a refund to be paid to the permit holder.
6: Interest calculated at the Commissioner's paying rate, as defined in section 120C of the Tax Administration Act 1994, is payable on any amount refunded.
7: Despite subsection (1), the chief executive must not make an amendment to a permit holder's royalty return under this section at any time after the date that is 7 years from the end of the permit year in which the permit holder submitted the return if the amendment would result in an increase in the amount payable to the Crown, unless the chief executive is satisfied on reasonable grounds that the contents of the return—
a: are fraudulent or wilfully misleading; or
b: do not include an assessment of minerals obtained under the permit through a particular method or from a particular location, and in respect of which an assessment was required to be included in the return.
99J: Interest on unpaid money
1: If a permit holder does not fully pay, by the due date, all fees and other money payable by the holder to the Crown under this Act or the regulations (the original amount
2: The permit holder is liable for the interest payable and the interest must be calculated for every month or part of a month after the due date during which the original amount remains unpaid in full.
3: Interest must be calculated in accordance with the following formula: a = b × c 12 where— a is the interest payable b is any part of the original amount that remains unpaid at the end of the month for which the interest is calculated c is the taxpayer's paying rate, as defined in section 120C of the Tax Administration Act 1994.
4: In the case of royalties where the amount payable was assessed or amended under section 99I
5: Any payment the chief executive receives or applies on account of a permit holder’s liability to pay an original amount must first be applied towards payment of the interest.
99K: Right to object to amendment or default assessment
1: A permit holder may object to an amendment or a default assessment under section 99I
2: An objection must be in writing and received by the chief executive not later than 40 working days after the date on which the permit holder is notified of the amendment or default assessment under section 99I(3)
3: The objection must set out the reasons for the objection.
4: The chief executive must—
a: give the permit holder an opportunity to be heard; and
b: consider and determine the objection within 40 working days after its receipt.
5: The chief executive must—
a: dismiss the objection; or
b: uphold the objection in whole or in part.
6: Not later than 20 working days after deciding an objection, the chief executive must send to the permit holder—
a: a copy of the decision, which must include the reasons for the decision; and
b: any amended royalty return or default assessment; and
c: notice of the right of the permit holder to appeal (as set out in section 99L
99L: Right of appeal
1: A permit holder who has made an objection under section 99K
2: An appeal must be made not later than 20 working days after the date on which the permit holder is notified of the chief executive's decision under section 99K(6)
3: The District Court may confirm, reverse, or modify the decision and, if applicable,—
a: amend the relevant royalty return or default assessment; and
b: specify the amount of any money to be paid by the permit holder to the Crown or to be refunded to the permit holder, as the case may be.
4: A decision of a District Court under subsection (3) may be appealed to the High Court, but only if—
a: the ground of the appeal is that the decision is erroneous in point of law; or
b: the District Court has determined that an amount of money is payable to the Crown and the amount is more than $2,000.
5: To avoid doubt, an appeal may be taken under subsection (4) by the permit holder or the chief executive (on behalf of the Crown).
99M: Status of original amendment or default assessment
1: This section applies to an amendment or a default assessment made by the chief executive under section 99I
a: objects to the amendment or default assessment under section 99K
b: having made an objection, exercises 1 or more of the appeal rights under section 99L
2: If the amendment or default assessment results in the permit holder owing money to the Crown,—
a: the amendment or default assessment must be treated as correct and final until the permit holder has exhausted those rights or the time period by which the rights must be exercised has expired and a final decision has been given by the chief executive or a court, as the case may be ( final decision
b: the permit holder must pay the money owing in accordance with section 99I(4)
3: If the final decision differs from the amendment or default assessment and—
a: a refund is required to be paid to the permit holder, section 99I(5) and (6)
b: a further amount is required to be paid by the permit holder, the permit holder must pay the amount to the chief executive within 20 working days after the date on which the final decision is made, including any interest calculated in accordance with section 99J Section 52 amended 21 May 2013 section 13(1) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 52 amended 21 May 2013 section 13(2) Crown Minerals Amendment Act 2013 Amendment Act 2013
53: Section 100 amended (Offences)
1: In section 100(2)(a) conditions and with this Act holder responsibilities
2: After section 100(3)
3A: Every person commits an offence against this Act who knowingly provides altered, false, incomplete, or misleading information (including royalty returns) to the chief executive or any other person in respect of a matter or thing under this Act or the regulations.
54: Section 101 amended (Penalties)
1: In section 101(1)
a: replace $200,000 $400,000
b: replace $10,000 $20,000
2: In section 101(2)
a: replace $10,000 $20,000
b: replace $1,000 $2,000
3: In section 101(3) $1,500 $3,000
4: After section 101(3)
3A: Every person who commits an offence against section 100(3A)
55: New sections 101A to 101C inserted
After section 101
101A: Interpretation
In sections 101B and 101C exclusive economic zone foreign ship master offshore area
a: within the territorial sea; or
b: within the exclusive economic zone; or
c: on or above the continental shelf permitted prospecting, exploration, or mining activity ship specified non-interference zone section 101B(6) to (8) structure
a: means any fixed, moveable, or floating structure or installation; and
b: includes a petroleum pipeline, petroleum pumping station, petroleum tank station, or petroleum valve station.
101B: Interfering with structure or operation in offshore area
1: A person commits an offence if the person intentionally engages in conduct that results in—
a: damage to, or interference with, any structure or ship that is in an offshore area and that is, or is to be, used in mining operations or for the processing, storing, preparing for transporting, or transporting of minerals; or
b: damage to, or interference with, any equipment on, or attached to, such a structure or ship; or
c: interference with any operations or activities being carried out, or any works being executed, on, by means of, or in connection with such a structure or ship.
2: A person commits an offence if—
a: the person is the master of a ship that, without reasonable excuse, enters a specified non-interference zone for a permitted prospecting, exploration, or mining activity; or
b: the person leaves a ship and, without reasonable excuse, enters a specified non-interference zone for a permitted prospecting, exploration, or mining activity.
3: In prosecuting an offence against subsection (2), it is not necessary for the prosecution to prove that the person intended to commit the offence.
4: A person who commits an offence against subsection (1) is liable on summary conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
5: A person who commits an offence against subsection (2) is liable on summary conviction to a fine not exceeding $10,000.
6: For the purposes of subsection (2), the chief executive may specify a non-interference zone by notice published in a fortnightly edition of the New Zealand Notices to Mariners
7: A notice must specify—
a: the permitted prospecting, mining, or exploration activity to which the non-interference zone relates; and
b: the locality of the activity; and
c: the area of the non-interference zone to which the activity relates (which may be up to 500 metres from any point on the outer edge of the structure or ship to which the activity relates or, if there is any equipment attached to the structure or ship, 500 metres from any point on the outer edge of the equipment); and
d: the period (which may be up to 3 months) for which the notice has effect.
8: The chief executive, when determining the area of a non-interference zone for the purposes of a notice, must take into account the nature of the activity, including the size of any structure or ship to which the activity relates and any equipment attached to the structure or ship necessary for the carrying out of the activity.
9: No proceedings for an offence against this section may be brought in a New Zealand court in respect of a contravention of this section on board, or by a person leaving, a foreign ship without the consent of the Attorney-General.
101C: Powers of enforcement officers
1: An enforcement officer who has reasonable cause to suspect that a person is committing, has committed, or is attempting to commit an offence against section 101B
a: stop a ship within a specified non-interference zone and detain the ship:
b: remove any person or ship from a specified non-interference zone:
c: prevent any person or ship from entering a specified non-interference zone:
d: board a ship (whether within a specified non-interference zone or otherwise), give directions to the person appearing to be in charge, and require the person to give his or her name and address:
e: without warrant, arrest a person.
2: If an enforcement officer described in subsection (6)(b) or (c) arrests a person under subsection (1)(e), the enforcement officer must cause the person to be delivered into the custody of a constable as soon as practicable.
3: An enforcement officer who exercises a power under this section may be accompanied by any person or persons reasonably necessary to assist the enforcement officer to exercise the power.
4: A person who provides assistance under subsection (3) may exercise the powers provided to an enforcement officer under subsection (1)(a) to (d).
5: No enforcement officer, or person called upon to assist an enforcement officer, who does an act, or omits to do an act, when exercising a power under this section is under any civil or criminal liability in respect of the act or omission, unless the person has acted, or omitted to act, in bad faith.
6: For the purposes of this section, the following persons are enforcement officers:
a: every constable:
b: every person in command of a ship of the New Zealand Defence Force:
c: every person acting under the command of a person described in paragraph (b). Section 55 amended 21 May 2013 section 14 Crown Minerals Amendment Act 2013 Amendment Act 2013
56: Section 104 amended (Recovery of fees and other money)
1: In section 104(1) Crown under this Part Crown under this Act or the regulations
2: In section 104(1), replace granted under this Part, shall be granted under this Act, is
3: Replace section 104(2)
2: All fees payable under this Act or the regulations must be paid into a Departmental Bank Account, and all other money payable to the Crown under this Act, or the regulations, or under any permit granted under this Act, must be paid into a Crown Bank Account.
3: To avoid doubt, any interest payable on fees must be paid into a Crown Bank Account.
57: Section 105 amended (Regulations)
1: Replace section 105(1)(a)
a: prescribing the form or content of applications, permits, notices, reports, or any other documentation or information required under this Act, and the manner in which such documentation or information is to be provided: .
2: After section 105(1)(c)
ca: specifying for the purposes of section 33C
cb: prescribing, in relation to iwi engagement reports required under section 33C .
3: In section 105(1) Part Act
58: New sections 105A to 105D inserted
After section 105
105A: Regulations relating to royalties
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 how royalties are to be calculated, or the rate or rates for royalties:
b: prescribing thresholds that apply for the purpose of determining whether royalties are payable:
c: prescribing the due dates for royalty payments and submitting royalty returns.
2: The regulations may make different provisions for—
a: different minerals:
b: a mineral that occurs in different specified states, places, phases, or strata:
c: a mineral that is explored for or extracted by different specified methods.
3: If regulations made under this section are in force—
a: when an initial permit is granted in respect of a mineral, royalties must be calculated in accordance with the regulations as they apply at the time the permit is granted:
b: when a subsequent permit is granted in respect of the same mineral, royalties must also be calculated in accordance with the regulations as they applied at the time the initial permit was granted:
c: when a permit is changed to cover a different mineral, royalties in respect of that mineral must be calculated in accordance with the regulations as they apply when the relevant change to the permit takes effect.
4: Despite subsection (3), the period in relation to which the royalty calculations are made must be that specified in the current regulations.
105B: Regulations not invalid for certain matters
1: No regulation made under section 105 or 105A
a: it authorises the Minister or any other person—
i: to give any consent or approval on or subject to conditions to be imposed or approved by the Minister or any other person; or
ii: to set any standard; or
b: it otherwise leaves any matter to the discretion of the Minister or any other person.
2: No regulation made under section 105A
105C: Regulations may incorporate material by reference
1: Regulations made under section 105 or 105A
a: financial reporting standards made under the Financial Reporting Act 1993, as those standards are defined in section 2(1) of that Act ( financial reporting standards
b: a standard, framework, code of practice, recommended practice, or requirement of an international organisation or a national organisation:
c: a standard, framework, code of practice, recommended practice, or requirement prescribed in any country or jurisdiction, or by any group of countries:
d: any other written material that deals with technical matters and that can reasonably be regarded as being too large or impractical to include in, or publish as part of, the regulations.
2: The material may be incorporated by reference in the regulations—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the regulations.
3: The incorporated material—
a: is as that exists at the time that the regulations are made; and
b: forms part of the regulations for all purposes and has legal effect accordingly.
4: An amendment to, or replacement of, a financial reporting standard in regulations made under section 105 or 105A initial regulations
a: the amendment or replacement is made by the External Reporting Board in accordance with that Act; and
b: the amendment or replacement is of the same general character as the standard that is amended or replaced; and
c: the initial regulations state that amendments or replacements have this effect.
5: An amendment to, or replacement of, any other material in the initial regulations referred to in subsection (1) has legal effect as part of the initial regulations only if it is specifically incorporated by amendment regulations to the initial regulations.
6: A copy of material incorporated by reference in regulations made under section 105 or 105A
a: certified as a correct copy by the chief executive; and
b: retained by the chief executive.
7: The production in proceedings of a certified copy of the material incorporated by reference is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the regulations of the material.
8: Material incorporated by reference in regulations made under section 105 or 105A
9: The department responsible for the administration of this Act must—
a: provide electronic access to any material incorporated by reference in regulations made under this section, unless doing so would infringe copyright; and
b: make the material available for inspection during working hours, free of charge, at the department's head office and at any other place that the chief executive determines is appropriate.
10: A failure to comply with subsection (9) does not invalidate regulations that incorporate any material incorporated by reference in regulations made under section 105 or 105A
11: The Acts and Regulations Publication Act 1989 does not apply to—
a: material incorporated by reference in regulations made under section 105 or 105A
b: an amendment to, or replacement of, that material.
12: Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires material that is incorporated by reference in regulations made under this section to be presented to the House of Representatives.
13: The Regulations (Disallowance) Act 1989, apart from the modification to the application of section 4 of that Act made by subsection (12) of this section, applies to regulations that incorporate material by reference.
105D: Requirement to consult on proposal to incorporate material by reference
1: Before regulations incorporating material by reference are made under section 105 or 105A
a: make copies of the material proposed to be incorporated by reference (the proposed material administering department
b: state where copies of the proposed material are available for purchase; and
c: make copies of the proposed material available, free of charge, on an Internet site maintained by or on behalf of the administering department, unless doing so would infringe copyright; and
d: give notice in the Gazette
i: that the proposed material is available for inspection during working hours, free of charge, and stating the places at which it can be inspected and the period during which it can be inspected; and
ii: that copies of the proposed material can be purchased and stating the places at which they can be purchased; and
iii: if applicable, that the proposed material is available on the Internet, free of charge, and stating the Internet site address; and
e: allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
f: consider any comments made.
2: The chief executive—
a: may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances; and
b: must, if paragraph (a) applies, give notice in the Gazette
3: The chief executive may comply with subsection (1)(c) (if applicable) by providing a hypertext link from an Internet site maintained by or on behalf of the administrating department to a copy of the proposed material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.
4: A failure to comply with this section does not invalidate an instrument that incorporates material by reference in reliance on section 105C
5: For the purposes of subsection (1)(c), a chief executive may not rely on section 66 of the Copyright Act 1994 as authority to make the proposed material available on an Internet site.
6: Nothing in this section applies to material proposed to be incorporated by reference described in section 105C(1)(a)
7: In this section, proposed material
a: the material itself:
b: an accurate translation in an official New Zealand language of the material, if the material is not in an official New Zealand language. Section 58 amended 21 May 2013 section 15 Crown Minerals Amendment Act 2013 Amendment Act 2013 Repeals, consequential amendments, and transitional provisions
59: Part 2 replaced
Replace Part 2
2: Savings and transitional provisions
106: Savings and transitional provisions
The savings and transitional provisions set out in Schedule 1
60: New Schedule 1 inserted
Insert, as Schedule 1, the Schedule 1 set out in Schedule 1
61: Schedule 4 replaced
Replace Schedule 4 Schedule 4 Schedule 2
62: New Schedule 5 inserted
After Schedule 4 Schedule 5 Schedule 3
63: Amendments to principal Act relating to Legislation Act 2012
1: This section takes effect on the repeal of the Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989
2: Replace section 19(3) section 18
2: A minerals programme—
a: is a disallowable instrument for the purposes of the Legislation Act 2012; and
b: must be presented to the House of Representatives under section 41 of that Act.
3: Replace section 105C(11) to (13) section 58
11: Part 2 of the Legislation Act 2012 does not apply to—
a: standards or terms incorporated by reference in regulations made under this section; or
b: an amendment to or replacement of those standards or terms.
12: Subpart 1 of Part 3 of the Legislation Act 2012 applies to regulations made under this section that incorporate standards or terms by reference.
13: However, nothing in section 41 of the Legislation Act 2012 requires material that is incorporated by reference in regulations made under this section to be presented to the House of Representatives. 2013-08-05 Crown Minerals Act 1991 Email from Bill Moore 29/4/2013. I have set 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. Derek
64: Consequential and minor amendments to principal Act
Amend the principal Act as set out in Schedule 4
65: Consequential amendments to other Acts
Amend the Acts specified in Schedule 5 OIC SR 2013/121 2013-05-24 Climate Change Response Act 2002 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Forestry Encouragement Act 1962 Gas Act 1992 Income Tax Act 2007 Legislation Act 2012 Marine and Coastal Area (Takutai Moana) Act 2011 Ngai Tahu (Pounamu Vesting) Act 1997 Ngai Tāmanuhiri Claims Settlement Act 2012 Property Law Act 2007 Rating Valuations Act 1998 Resource Management Act 1991 Rongowhakaata Claims Settlement Act 2012 Search and Surveillance Act 2012 Soil Conservation and Rivers Control Act 1941 Te Ture Whenua Maori Act 1993 |
DLM3672903 | 2013 | Fair Trading Amendment Act 2013 | 1: Title
This Act is the Fair Trading Amendment Act 2013.
2: Commencement
1: This Act, except the provisions specified in subsections (2) and (3)
2: Sections 6(3) 8 10 11 13 17 23 27 29 30 33 41 42
3: Sections 14 36 2013-12-18 Fair Trading Act 1986 re Section 2(1): except for the sections mentioned in subsections (2) and (3), the rest of this Act comes into force the day after the assent date 2014-06-17 Fair Trading Act 1986 re section 2(2): Sections 6(3), 8, 10, 11, 13, 17, 23, 27, 29, 30, 33, 41, and 42 comes into force on the day that is 6 months after the date on which this Act receives the Royal assent 2015-03-17 Fair Trading Act 1986 re section 2(3): Sections 14 and 36 come into force on the day that is 15 months after the date on which this Act receives the Royal assent
3: Principal Act amended
This Act amends the Fair Trading Act 1986 Purpose
4: Long Title repealed
The Long Title is repealed.
5: New section 1A inserted
The following section is inserted after section 1
1A: Purpose
1: The purpose of this Act 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—
a: prohibits certain unfair conduct and practices in relation to trade; and
b: promotes fair conduct and practices in relation to trade; and
c: provides for the disclosure of consumer information relating to the supply of goods and services; and
d: promotes safety in respect of goods and services. Interpretation
6: Interpretation
1: Section 2(1) court
2: Section 2(1) chief executive consumer
a: acquires from a supplier goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption; and
b: does not acquire the goods or services, or hold himself or herself out as acquiring the goods or services, for the purpose of—
i: resupplying them in trade; or
ii: consuming them in the course of a process of production or manufacture; or
iii: in the case of goods, repairing or treating, in trade, other goods or fixtures on land extended warranty agreement section 36T infringement fee infringement notice infringement offence section 40B layby sale agreement section 36B Ministry negotiation .
3: Section 2(1) auction section 36X consumer contract
a: in the case of a contract relating to goods or services, between—
i: at least 1 supplier supplying the goods or services in trade; and
ii: at least 1 consumer; and
b: in the case of a contract relating to the sale or grant of an interest in land, between—
i: at least 1 person disposing, in trade, of an interest in the land; and
ii: at least 1 person acquiring an interest in the land for personal, domestic, or residential purposes standard form consumer contract section 46I section 46J transparent
a: is expressed in reasonably plain language; and
b: is legible; and
c: is presented clearly; and
d: is readily available to any party affected by the term unfair contract term section 46I uninvited direct sale agreement section 36K unsolicited goods section 21A(7) unsolicited services section 21B(2) . Application of Act to the Crown
7: Application of Act to the Crown
Section 4(2) court High Court No contracting out
8: New sections 5C and 5D inserted
The following sections are inserted after section 5B
5C: No contracting out: general rule
1: The provisions of this Act have effect despite anything to the contrary in any agreement.
2: A provision of an agreement that has the effect of overriding a provision of this Act (whether directly or indirectly) is unenforceable.
3: Subsections (1) and (2) subsection (4) section 5D
4: Nothing in subsection (1) or (2)
a: imposes a stricter duty on the supplier than would be imposed under this Act; or
b: provides a more advantageous remedy against the supplier than would be provided under this Act.
5: In this section and section 5D agreement
5D: No contracting out: exception for parties in trade
1: Despite section 5C(1) and (2) subsection (3) 12A
a: the provision is enforceable; and
b: no proceedings may be brought by any party to the agreement for an order under section 43 12A
2: A provision of the kind referred to in subsection (1)
a: a clause commonly known as an entire agreement clause:
b: a clause that acknowledges that a party to the agreement does not rely on the representations or other conduct of another party to the agreement, whether during negotiations prior to the agreement being entered into, or at any subsequent time.
3: The requirements referred to in subsection (1)
a: the agreement is in writing; and
b: the goods, services, or interest in land are both supplied and acquired in trade; and
c: all parties to the agreement—
i: are in trade; and
ii: agree to contract out of section 9, 12A
d: it is fair and reasonable that the parties are bound by the provision in the agreement.
4: If, in any case, a court is required to decide what is fair and reasonable for the purposes of subsection (3)(d)
a: the subject matter of the agreement; and
b: the value of the goods, services, or interest in land; 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 the other party; and
d: whether the party seeking to rely on the effectiveness of a provision of the kind referred to in subsection (1) section 12A
e: 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.
5: To avoid doubt, nothing in this section—
a: prevents the Commission from bringing proceedings for an offence under this Act (including an offence under section 12A subsection (1)
b: limits the application of the Contractual Remedies Act 1979.
9: Heading to Part 1 substituted
The heading to Part 1 Unfair conduct Unsubstantiated representations
10: New heading and sections 12A to 12D inserted
The following heading and sections are inserted after section 12 Unsubstantiated representations
12A: Unsubstantiated representations
1: A person must not, in trade, make an unsubstantiated representation.
2: A representation is unsubstantiated
3: This section does not apply to a representation that a reasonable person would not expect to be substantiated.
4: In this section and sections 12B to 12D, representation
a: in respect of goods, services, or an interest in land; and
b: in connection with—
i: the supply or possible supply of the goods or services; or
ii: the sale or grant or possible sale or grant of the interest in land; or
iii: the promotion by any means of the supply or use of the goods or services or the sale or grant of the interest in land.
12B: Court must have regard to certain matters
1: In proceedings concerning a contravention of section 12A, and in assessing whether a person had reasonable grounds for a representation, a court must have regard to all of the circumstances, including—
a: the nature of the goods, services, or interest in land in respect of which the representation was made:
b: the nature of the representation (for example, whether it was a representation about quality or quantity):
c: any research or other steps taken by or on behalf of the person before the person made the representation:
d: the nature and source of any information that the person relied on to make the representation:
e: the extent to which the person making the representation complied with the requirements of any standards, codes, or practices relating to the grounds on which such a representation may be made, and the nature of those requirements:
f: the actual or potential effects of the representation on any person.
2: Subsection (1) does not limit section 44.
12C: Limitation on commencement of proceedings in relation to unsubstantiated representations
Despite anything to the contrary in Part 5, only the Commission may commence proceedings, apply for an order, or apply for an injunction in relation to a contravention of section 12A.
12D: Section 12A subject to other enactments
Section 12A
a: another enactment sets out requirements relating to the grounds on which representations may be made by a person in that trade, business, industry, profession, occupation, activity of commerce, or undertaking (whether more or less onerous than section 12A
b: the person complies with those requirements. False or misleading representations
11: False or misleading representations
1: Section 13(b) , or by a person who has other particular characteristics person of a particular trade, qualification, or skill
2: Section 13(i) , including (to avoid doubt) in relation to any guarantee, right, or remedy available under the Consumer Guarantees Act 1993 or remedy
3: Section 13(j) or services
12: New section 14A inserted
The following section is inserted after section 14
14A: When vendor bids are misrepresentations
1: This section applies where property (being goods, services, or an interest in land) is offered for sale—
a: by auction (as defined in section 36X); or
b: by any other bidding process in which all bids are disclosed.
2: The vendor of the property makes a false or misleading representation with respect to the price of the property if the vendor, or any agent acting on behalf of the vendor, makes a vendor bid for the property.
3: However, subsection (2) does not apply if—
a: there is a reserve price for the property; and
b: the bid is made before the reserve price is reached and is clearly identified as a vendor bid.
4: If property is unsold at the end of an auction or other bidding process referred to in subsection (1), any subsequent reference to a particular bid as being the amount at which the property was passed in is a false or misleading representation with respect to the price of the property if the bid was a vendor bid.
5: In this section, vendor bid Unsolicited goods and services
13: New sections 21A to 21D inserted
The following sections are inserted after section 21
21A: Liability of recipient of unsolicited goods
1: If a person (the sender recipient
a: is not liable—
i: to pay for the goods; or
ii: for any loss of, or damage to, the goods, unless the loss or damage resulted from a deliberate act by the recipient; but
b: must, at any reasonable time during the period of 10 working days after the day on which the recipient receives those goods, make those goods available for collection by, or on behalf of, the sender.
2: If the sender is in trade, the sender must, at the time the goods are delivered (whether by the sender or by any other person on behalf of the sender), inform the recipient of the recipient's rights and obligations under subsection (1)
3: Subsection (4)
a: the period referred to in subsection (1)(b)
b: a sender has failed to comply with subsection (2) subsection (1)(b)
4: If this subsection applies,—
a: the recipient takes the goods as an unconditional gift; and
b: all interests that any other person had in the goods are extinguished; and
c: no action may be taken by any person for the recovery of the goods from the recipient.
5: However, subsection (4)
a: has failed, without reasonable excuse, to comply with subsection (1)(b)
b: knew, or ought reasonably to have known, that—
i: the goods were not intended for the recipient; or
ii: the sender had no right to send or deliver, or arrange for the delivery of, those goods to the recipient.
6: To avoid doubt,—
a: a recipient does not commit an offence by failing to comply with subsection (1)(b)
b: the consequence of such failure is that the recipient is unable to rely on subsection (4)
7: In this section and section 21C unsolicited goods
a: means goods that have been sent or delivered to a recipient without any request for those goods having been made by, or on behalf of, that recipient; but
b: does not include reticulated gas or electricity.
21B: Liability of recipient of unsolicited services
1: If a person, in trade, provides unsolicited services to another person (the recipient
a: to pay for the services; or
b: for any loss or damage resulting from the provision of those services, unless the loss or damage resulted from a deliberate act by the recipient.
2: In this section and section 21C unsolicited services
a: means services that have been provided to a recipient without any request for those services having been made by, or on behalf of, that recipient; but
b: does not include reticulated gas or electricity.
21C: Prohibition on asserting right to payment in respect of unsolicited goods or unsolicited services
1: A person must not, in trade,—
a: assert, or appear to assert, that the person has a right to payment from another person for unsolicited goods or unsolicited services; or
b: send or deliver to another person an invoice or other document that states the amount of a payment for, or sets out the charge for supplying, unsolicited goods or unsolicited services, unless that invoice or document complies with subsection (2)
2: The invoice or other document referred to in subsection (1)(b)
a: contain a statement in the form prescribed in regulations made under section 21D
b: if no regulations have been made, clearly inform the recipient that the recipient is under no obligation to make any payment for the goods or services.
21D: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with subsection (2)
a: prescribing a statement for the purposes of section 21C(2)(a)
b: prescribing how, when, and to whom a statement prescribed under paragraph (a)
2: The Minister must not make a recommendation under this section unless—
a: the Minister has consulted such persons or representatives of such persons as the Minister considers will be substantially affected by any Order in Council made in accordance with the recommendation, and those persons have had the opportunity to comment to the Minister; and
b: the Minister has considered any such comments.
3: A failure to comply with subsection (2) does not affect the validity of any regulations made under this section.
14: New heading and section 26A inserted
The following heading and section are inserted after section 26 Unfair contract terms
26A: Unfair contract terms in standard form consumer contracts
1: If a court has declared, under section 46I, that a term in a standard form consumer contract is an unfair contract term, a person must not—
a: include the unfair contract term in a standard form contract (unless the term is included in a way that complies with the terms (if any) of the decision of the court); or
b: apply, enforce, or rely on the unfair contract term in a standard form contract.
2: The prohibitions in subsection (1) subsection (1)
3: However, in the case only of a contract of insurance (as defined in section 7 of the Insurance (Prudential Supervision) Act 2010) entered into before this section comes into force, the prohibitions in subsection (1)
a: the contract; or
b: any variation of the contract; or
c: any new contract that has the effect of operating as a renewal of the contract, and any subsequent renewal. Consumer information standards
15: Consumer information standards
Section 27
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing consumer information standards in respect of goods or services of any description or any class or classes of goods or services.
1A: A consumer information standard may—
a: require the disclosure of information relating to the kind, grade, quantity, origin, performance, care, composition, contents, design, construction, use, price, finish, packaging, promotion, or supply of the goods or services; and
b: specify how that information must be obtained or verified before it is disclosed; and
c: specify the form and manner in which that information must be disclosed on or in relation to—
i: the supply or possible supply of the goods or services; or
ii: the resupply or possible resupply of the goods or services; or
iii: the promotion by any means of 1 or more of the matters described in subparagraphs (i) and (ii).
16: Compliance with consumer information standards
Section 28 section 27(1) section 27(1A) Disclosure of trader status
17: New section 28B inserted
The following section is inserted after section 28A
28B: Disclosure of trader status on Internet
1: This section applies when—
a: goods or services are offered for sale to consumers on the Internet; and
b: the offer is able to be accepted via the Internet.
2: If the vendor of the goods or services is in trade, the person making the offer must make it clear to potential purchasers that the vendor is a person in trade.
3: If the offer and any resulting sale are managed by an intermediary that is not party to the sale (such as an intermediary that operates an online bidding process), the intermediary must take reasonable steps to ensure that the person offering the goods or services for sale complies with subsection (2). Product safety
18: New sections 30A and 30B inserted
The following sections are inserted after section 30
30A: Product safety policy statements
1: The Minister may, if the Minister considers it necessary or desirable, issue a product safety policy statement that—
a: relates to goods of any description or any class or classes of goods; and
b: provides guidance on the safety of those goods to consumers, retailers, and manufacturers.
2: The Minister may, at any time, amend, revoke, or replace a product safety policy statement.
3: However, the Minister must not issue, amend, revoke, or replace a product safety policy statement unless—
a: the Minister has consulted such persons or representatives of such persons as the Minister considers will be substantially affected by the proposed statement, and those persons have had the opportunity to comment to the Minister; and
b: the Minister has considered any such comments.
4: The chief executive—
a: must ensure that a copy of every statement issued, amended, or replaced under this section or under section 30B
b: may make copies of statements available in any other way that the chief executive considers appropriate in the circumstances.
30B: Review of product safety policy statements
1: The Ministry must—
a: review a product safety policy statement issued under section 30A
b: immediately following the review, prepare a report on the review for the Minister.
2: The report must include recommendations to the Minister on whether the statement should be continued, amended, revoked, or replaced.
3: However, the Ministry must not prepare a report under this section unless—
a: the Ministry has consulted such persons or representatives of such persons as the Ministry considers will be substantially affected by the proposed recommendations, and those persons have had the opportunity to comment to the Ministry; and
b: the Ministry has considered any such comments.
4: As soon as practicable after receiving the report, the Minister must—
a: consider the recommendations and any comments received by the Ministry under subsection (3)(a)
b: decide whether to continue, amend, revoke, or replace the statement; and
c: ensure that the Minister's decision is available to the public, at all reasonable times, on an Internet site maintained by or on behalf of the Ministry. Declaring goods unsafe
19: Unsafe goods
1: Section 31
1A: The Minister may also, by notice in the Gazette
1B: In deciding whether to make a declaration under subsection (1A)
a: the likelihood of an injury occurring to a person as a result of the reasonably foreseeable use or misuse of the goods:
b: the seriousness of the injury likely to be suffered by the user of the goods or any other person:
c: whether such injury is likely to be a frequent occurrence:
d: any steps that the supplier or manufacturer of the goods has taken to mitigate the risk of injury:
e: whether, taking into account the ordinary and intended use of the goods, the public interest favours making a declaration.
2: Section 31(3)(a) subsection (1) of this section subsection (1) or (1A)
3: Section 31
3A: The Minister must not issue a notice under subsection (3) unless—
a: the Minister has consulted such persons or representatives of such persons as the Minister considers will be substantially affected by the proposed notice and those persons have had the opportunity to comment to the Minister; and
b: the Minister has considered any such comments.
3B: A failure to comply with subsection (3A) Product recall
20: New section 31A inserted
The following section is inserted after section 31
31A: Voluntary product recall
1: This section applies if—
a: a supplier voluntarily recalls goods because—
i: the goods will, or may, cause injury to any person; or
ii: a reasonably foreseeable use (including misuse) of the goods will, or may, cause injury to any person; or
iii: the goods do not comply with a product safety standard; and
b: there is no other requirement, under any other enactment, for a supplier in those circumstances to—
i: report to a government agency; or
ii: do any other thing in relation to goods of a kind referred to in paragraph (a) (for example, to have in place a process for the voluntary recall of goods of that kind).
2: The supplier must, within 2 working days after recalling the goods, notify the chief executive of the recall.
3: A notice under subsection (2)
a: a description of the goods, with sufficient detail to enable a consumer to readily identify the goods to which the notice relates; and
b: a description of the danger (including the risk of damage or harm occurring as a result of that danger) that led to the goods being recalled; and
c: details of what a consumer needs to do in response to the recall, including, as the case may be,—
i: any precautions the consumer should take to avoid or reduce the risk of injury from the goods:
ii: how to rectify the issue that led to the goods being recalled:
iii: where to take the goods for repair, replacement, or refund; and
d: the supplier's name, street address, telephone number, and email address.
4: The chief executive—
a: must ensure that a copy of every notice under this section is available to the public, at all reasonable times, on an Internet site maintained by or on behalf of the Ministry, for at least 2 years after the date on which the voluntary recall was notified to the chief executive in accordance with subsection (2)
b: may make copies of notices available in any other way that the chief executive considers appropriate in the circumstances.
5: In subsection (1)(b) government agency
21: Compulsory product recall
1: Section 32
1A: The Minister may also, by notice to the supplier, require the supplier to take the action specified in subsection (3) if it appears to the Minister that a reasonably foreseeable use (including misuse) of the goods supplied by the supplier will, or may, cause injury to any person.
1B: In deciding whether to issue a notice under subsection (1A)
a: the likelihood of an injury occurring to a person as a result of the reasonably foreseeable use or misuse of the goods:
b: the seriousness of the injury likely to be suffered by the user of the goods or any other person:
c: whether such injury is likely to be a frequent occurrence:
d: any steps that the supplier or manufacturer of the goods has taken to mitigate the risk of injury:
e: whether, taking into account the ordinary and intended use of the goods, the public interest favours the issuing of a compulsory product recall notice.
2: Section 32(3) subsections (1) and (2) of this section subsections (1), (1A)
3: Section 32(4) subsection (1) or subsection (2) of this section this section,
4: Section 32(5) subsection (1) or subsection (2) of this section this section, Product safety officers
22: New heading and sections 33A to 33D inserted
The following heading and sections are inserted after section 33 Product safety officers
33A: Appointment of product safety officers
1: The chief executive may appoint as a product safety officer any person who has passed such examinations as the chief executive requires to test the person's knowledge of this Act and the functions and powers of product safety officers.
2: The chief executive may appoint a person as a trainee product safety officer, whether or not the person has passed the examinations referred to in subsection (1)
3: For the purposes of this Act, a trainee product safety officer acting under the supervision of a product safety officer is deemed to be a product safety officer. 1987 No 15 s 26
33B: Certificates of appointment
1: Every product safety officer, and every trainee product safety officer, must be issued with a certificate as evidence of that person's appointment under section 33A
2: The certificate must be in a form determined by the chief executive and set out—
a: the full name of the appointee; and
b: a statement that the person is appointed under section 33A
c: a reference to the powers of the appointee under sections 33C and 33D
d: a statement of the powers (if any) of the product safety officer under the Search and Surveillance Act 2012. 1987 No 15 s 27
33C: Powers of product safety officers
1: A product safety officer may enter and inspect a place (not being a dwellinghouse) without a warrant if—
a: the product safety officer believes on reasonable grounds that—
i: certain goods are unsafe ( suspect goods
ii: the suspect goods are supplied at, or dispatched from, the place; and
b: the entry and inspection is for the purpose of ascertaining, or taking steps to ascertain, whether the suspect goods are in fact unsafe.
2: While at the place, a product safety officer may, for the purpose described in subsection (1)
a: with respect to any goods at the place that are available to consumers for supply or are dispatched for supply to consumers, inspect the goods, photograph them, and purchase them at the price for which they are currently offered for sale:
b: require the person who appears at the time to be in charge of the supply or dispatch of goods at the place (the person in charge
c: require the person in charge to identify the person from whom the suspect goods were acquired:
d: if suspect goods have, within a specified period, been supplied in trade to another person other than by retail, require the person in charge to identify the person or persons to whom they have been supplied during that period:
e: require any person by whom suspect goods are carried for delivery pursuant to, or in connection with, a contract of sale to give—
i: his or her name and address; and
ii: the name and address of his or her employer (if any); and
iii: the name and address of the owner of the goods, if known.
3: If a product safety officer enters a dwellinghouse with the permission of the occupier or under a warrant issued under subsection (4) subsection (1)(b) subsection (2)
4: An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a warrant authorising a product safety officer to enter a dwellinghouse if the issuing officer is satisfied, on application made in accordance with subsection (5)
a: whether there are any suspect goods at the dwellinghouse that are or may be available to consumers for supply, or are or may be being dispatched for supply to consumers; and
b: if there are, whether the goods are unsafe.
5: The application for a warrant must be made in writing in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012.
6: Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) applies. 1987 No 15 s 28
33D: Suspension of supply notices
1: A product safety officer may issue to a person in possession of goods a suspension of supply notice in respect of those goods, and any other goods of that description or class, if the product safety officer—
a: either—
i: knows that the goods, or goods of that description or class, have been implicated in serious injury or death; or
ii: has good reason to suspect that the goods, or goods of that description or class, may be unsafe; and
b: believes on reasonable grounds that—
i: the supply of the goods may lead to a person suffering serious harm; and
ii: the order is necessary to prevent the supply of the goods pending further investigation into their safety.
2: A suspension of supply notice
3: Every suspension of supply notice must be in the form prescribed by the chief executive, and must clearly set out—
a: the goods, or the description or class of goods, to which the notice relates; and
b: when the notice expires, which must be no later than 5 pm on the third working day after the day on which the notice is issued; and
c: the person or persons to whom the notice applies, who may be any of the following:
i: the person in charge:
ii: any employee or agent of that person:
iii: any employer or manager of that person:
iv: any employee or agent of that person's employer or manager; and
d: the name of the product safety officer who issues the notice.
4: A person to whom a suspension of supply notice applies must not supply the goods identified in the notice at any time before the notice expires.
5: A product safety officer may, with the approval of the chief executive, renew a suspension of supply notice before its expiry, but—
a: may do so not more than twice; and
b: may not renew the notice so that the total prohibition exceeds 9 consecutive working days. New Part 4A inserted
23: New Part 4A inserted
The following Part is inserted after Part 4
4A: Consumer transactions and auctions
36A: Purpose of Part
The purpose of this Part is to set out in 1 place the rules applying to—
a: layby sale agreements; and
b: uninvited direct sale agreements; and
c: extended warranty agreements; and
d: auctions.
1: Layby sales
36B: Meaning of layby sale agreement
1: In this subpart, layby sale agreement
a: the consumer will not take possession of the goods until all or a specified portion of the total price of the goods has been paid; and
b: the price of the goods is to be paid by—
i: 3 or more instalments; or
ii: if the agreement specifies that it is a layby sale agreement, 2 or more instalments.
2: However, a layby sale agreement does not include an agreement for the supply of goods that have a purchase price that is more than $15,000 or, if greater, the amount specified in section 10(1A)(b) of the Disputes Tribunals Act 1988.
3: For the purposes of subsection (1)(b)
4: Despite section 7 of the Credit Contracts and Consumer Finance Act 2003, a layby sale agreement is not a credit contract for the purposes of that Act.
36C: Disclosure requirements relating to layby sale agreement
1: A supplier must ensure that—
a: every layby sale agreement entered into by that supplier—
i: is in writing; and
ii: is expressed in plain language; and
iii: is legible; and
iv: is presented clearly; and
v: complies with the requirements of subsection (2)
b: a copy of the agreement is given to the consumer at the time the agreement is entered into.
2: The requirements referred to in subsection (1)(a)(v)
a: the following information is set out on the front page of the agreement:
i: a clear description of the goods to be supplied under the agreement; and
ii: a summary of the consumer's right to cancel the agreement under section 36F(1)
iii: whether or not a cancellation charge will be imposed; and
iv: if a cancellation charge is to be imposed, either the amount of the charge (if a fixed charge is to be imposed) or a clear description of how the charge will be calculated; and
v: the supplier's name, street address, telephone number, and email address; and
b: the total price payable under the agreement is disclosed in the agreement; and
c: the agreement is dated.
36D: Further disclosure if requested by consumer
1: In addition to the requirements of section 36C
a: the total purchase price that is, or (if the agreement has been cancelled) was, payable under the agreement; and
b: the amount paid by the consumer as at the date of the statement; and
c: the amount of the cancellation charge (if any) that, as at the date of the statement, the consumer—
i: is required to pay to the supplier (if the agreement has been cancelled); or
ii: would be required to pay to the supplier (if the consumer were to cancel the agreement); and
d: the outstanding amount (if any) that the consumer is required to pay to the supplier under the agreement, and when and how that amount is to be paid.
2: The supplier must provide the statement to the consumer—
a: within 5 working days after receiving a request; and
b: free of charge.
36E: Risk in goods
1: Goods to which a layby sale agreement relates remain at the supplier's risk until property in the goods is transferred to the consumer and the consumer takes possession of those goods.
2: To avoid doubt, this section overrides section 22 of the Sale of Goods Act 1908.
36F: Cancellation of layby sale agreement by consumer
1: A consumer may cancel a layby sale agreement—
a: at any time before the consumer takes possession of the goods to which the agreement relates; and
b: in any way (including oral or written) that shows the intention of the consumer to cancel or withdraw from the agreement.
2: For the purposes of subsection (1)(b)
a: by way of the contact details provided in accordance with section 36C(2)(a)(v)
b: in any other way agreed to by the consumer and the supplier.
3: A supplier must not require the consumer to pay a charge for the cancellation of the agreement (a cancellation charge
a: the agreement is cancelled—
i: by the consumer under subsection (1)
ii: by the supplier, because the consumer has breached a material term of the agreement ( see section 36G(a)
b: the agreement provides that a cancellation charge is payable; and
c: the supplier has not breached the agreement.
4: A supplier must not impose a cancellation charge that is more than the supplier’s reasonable costs arising directly from the agreement.
5: In subsection (4) reasonable costs arising directly from the agreement
a: the loss in value of the goods between the date of the agreement and the date of the cancellation of the agreement:
b: the reasonable costs incurred in storing and insuring the goods while the agreement was in force:
c: the reasonable administration costs of the agreement (for example, office expenses, salaries, or wages directly attributable to the agreement).
36G: Cancellation of layby sale agreement by supplier
A supplier may cancel a layby sale agreement only if—
a: the consumer has breached a material term of the agreement; or
b: owing to circumstances beyond the control of the supplier,—
i: the goods to which the agreement relates are no longer available; and
ii: no satisfactory substitute goods can be reasonably obtained; or
c: the supplier has ceased trading (other than in the circumstances described in section 36I(1)
36H: Effect of cancellation of layby sale agreement
If a layby sale agreement is cancelled under section 36F or 36G
a: must immediately repay to the consumer all money paid to the supplier under the agreement, less (in the case of cancellation under section 36F or 36G(a)
b: is, if the amounts paid by the consumer under the agreement are insufficient to cover the cancellation charge (if any), entitled to recover the balance of that charge from the consumer as a debt; and
c: is not entitled to damages, or to enforce any other remedy, in relation to the cancellation, except as provided for in paragraphs (a) and (b)
36I: Bankruptcy, receivership, liquidation, or voluntary administration of supplier: completion of layby sale agreement
1: This section applies if—
a: a supplier of goods under a layby sale agreement—
i: is adjudicated bankrupt; or
ii: has a receiver or statutory manager or similar person appointed in respect of it or of all or any of its assets; or
iii: is put into liquidation; or
iv: is in voluntary administration under Part 15A of the Companies Act 1993; and
b: the goods to which the agreement relates are part of the assets in the bankruptcy, receivership, liquidation, or administration, as the case may be.
2: If this section applies, the consumer acquiring the goods is entitled, on payment of the balance (if any) of the price specified in the agreement and within a reasonable time, to—
a: complete the agreement; and
b: have property in the goods to which the agreement relates transferred to him or her; and
c: take possession of those goods.
3: However, if there are insufficient goods to enable all consumers to complete their agreements in accordance with subsection (2)
4: Subsections (2) and (3) subsection (1)(a)
5: If a consumer makes a payment under the agreement after an event described in subsection (1)
6: To avoid doubt, subsection (5) subsection (2) or (3)
36J: Bankruptcy, receivership, or liquidation of supplier: consumer priority
1: This section applies if—
a: an event described in section 36I(1)(a)(i) to (iii)
b: the consumer described in section 36I(2)
i: is entitled to a refund under section 36H(a)
ii: has been unable to complete the layby sale agreement in accordance with section 36I(2) or (3)
2: If this section applies, the consumer—
a: is a creditor in the bankruptcy, receivership, or liquidation, to the extent of the payments made to the supplier in accordance with the layby sale agreement; and
b: is entitled to recover a sum equal to those payments with priority over—
i: all other unsecured creditors; and
ii: all creditors secured by a security interest of the kind described in subsection (3)
3: The kind of security interest referred to in subsection (2)(b)(ii)
a: a purchase money security interest that has been perfected at the time specified in section 74 of the Personal Property Securities Act 1999; or
b: a security interest that—
i: has been perfected under the Personal Property Securities Act 1999 at the date of the event described in section 36I(1)(a)(i) to (iii)
ii: arises from the transfer of an account receivable for which new value is provided by the transferee for the acquisition of that account receivable (whether or not the transfer of the account receivable secures payment or performance of an obligation).
4: Debts to which priority is given by subsection (2)(b)
a: section 274(3) of the Insolvency Act 2006 (in the case of bankruptcies); or
b: section 30 of the Receiverships Act 1993 (in the case of receiverships); or
c: section 312 and Schedule 7 of the Companies Act 1993 (in the case of liquidations).
5: To avoid doubt, this section does not apply in relation to—
a: a consumer referred to in section 36I(4)
b: a payment refunded under section 36I(5)
6: In this section, account receivable inventory new value purchase money security interest security interest
2: Uninvited direct sales
36K: Meaning of uninvited direct sale agreement
1: In this subpart, uninvited direct sale agreement
a: that is made as a result of negotiations (whether or not they are the only negotiations that precede the making of the agreement) between a supplier and the consumer in a situation described in either subsection (2) or (3)
b: where the price paid or payable by the consumer under the agreement—
i: is more than $100; or
ii: cannot be ascertained at the time of supply (regardless of whether the price ultimately paid or payable is $100 or less).
2: The first situation is where the negotiations take place between the consumer and the supplier, in each other's presence, in the consumer's home or workplace, where the consumer did not invite the supplier to come to that place for the purposes of entering into negotiations relating to the supply of those goods or services (whether or not the consumer made such an invitation in relation to a different supply).
3: The other situation is where the negotiations take place by telephone, where the consumer did not invite the supplier to make the telephone call for the purposes of entering into negotiations relating to the supply of those goods or services (whether or not the consumer made such an invitation in relation to a different supply).
4: However, uninvited direct sale agreement
5: For the purposes of
a: come to the home or workplace, or to make a telephone call, merely because the consumer has—
i: given his or her name or contact details to the supplier other than for the predominant purpose of entering into negotiations relating to the supply of goods or services; or
ii: contacted the supplier in connection with an unsuccessful attempt by the supplier to contact the consumer:
b: enter into negotiations for a supply merely because the supplier has provided an unsolicited quote or estimate.
6: In subsection (4) renewal agreement
a: the existing agreement—
i: involves the supply, in trade, of goods or services to the consumer by the supplier; and
ii: is in force at the time the negotiations for the new agreement occur; and
b: the new agreement involves the supply, in trade, of goods or services—
i: of the same, or of a similar, kind as those supplied under the existing agreement; and
ii: by the same supplier to the same consumer (being the parties to the existing agreement); and
iii: on the same, or similar, terms and conditions as those in the existing agreement.
36L: Disclosure requirements relating to uninvited direct sale agreements
1: A supplier must ensure that—
a: every uninvited direct sale agreement entered into by that supplier—
i: is in writing; and
ii: is expressed in plain language; and
iii: is legible; and
iv: is presented clearly; and
v: complies with the requirements of subsection (2)
b: a copy of the agreement is given to the consumer—
i: at the time the agreement is entered into; or
ii: in the case of an agreement entered into over the telephone, within 5 working days after the date on which the agreement was entered into.
2: The requirements referred to in subsection (1)(a)(v)
a: the following information is set out on the front page of the agreement:
i: a clear description of the goods or services to be supplied under the agreement; and
ii: a summary of the consumer's right to cancel the agreement under section 36M(1)
iii: the supplier's name, street address, telephone number, and email address; and
iv: the consumer's name and street address; and
b: either—
i: the total price payable, and any other consideration to be given, under the agreement is disclosed in the agreement; or
ii: if the total price or consideration is not ascertainable at the time at which the agreement is entered into, the method by which the total price or consideration will be calculated is disclosed in the agreement; and
c: the agreement is dated.
3: The supplier must give the consumer oral notice, before the agreement is entered into, of—
a: the consumer's right to cancel the agreement within 5 working days after the date on which the consumer receives a copy of the agreement; and
b: how the consumer may cancel the agreement.
4: However, if an uninvited direct sale agreement is, or includes, a consumer credit contract (as defined in section 11 of the Credit Contracts and Consumer Finance Act 2003), in relation to that consumer credit contract only,—
a: Part 2 of that Act applies in place of this subpart; and
b: the supplier must give the consumer oral notice, before the agreement is entered into, of—
i: the consumer's rights to cancel the agreement under that Act; and
ii: how the consumer may cancel the agreement under that Act.
5: For the purposes of subsection (4)
6: To avoid doubt, where an uninvited direct sale agreement includes a consumer credit contract, this subpart continues to apply to every part of the agreement that is not a consumer credit contract.
36M: Cancellation of uninvited direct sale agreement by consumer
1: A consumer may cancel an uninvited direct sale agreement by giving notice of the cancellation to the supplier—
a: within 5 working days after the date on which the consumer receives a copy of the agreement; or
b: if the supplier has failed to comply with section 36L section 36N(2)
2: Notice of cancellation may be expressed in any way (including oral or written) that shows the intention of the consumer to cancel or withdraw from the agreement.
3: For the purposes of subsection (2)
a: by way of the contact details provided in accordance with section 36L(2)(a)(iii)
b: in any other way agreed to by the consumer and the supplier.
36N: Enforcement of uninvited direct sale agreement by supplier
1: An uninvited direct sale agreement is not enforceable by a supplier unless—
a: the supplier has complied with section 36L
b: the time during which the consumer may cancel the agreement under section 36M
2: However, subsection (1)(a) section 36L section 36L(1)(b)
36O: Effect of cancellation of uninvited direct sale agreement
If an uninvited direct sale agreement is cancelled by a consumer ( see section 36M
a: the agreement (including any security or guarantee given by any person in connection with that agreement) and any collateral agreement (including any consumer credit contract referred to in section 36L(4)
i: to be treated as if they had never had effect; and
ii: not enforceable; and
b: the supplier must comply with section 36P
c: the consumer must comply with section 36Q
d: compensation (if any) is payable in accordance with section 36R
36P: Supplier's obligations on cancellation of uninvited direct sale agreement
On cancellation of an uninvited direct sale agreement in accordance with section 36M
36Q: Consumer's obligations on cancellation of uninvited direct sale agreement
1: On cancellation of an uninvited direct sale agreement in accordance with section 36M
a: if the supplier has complied with section 36P
i: from the address provided by the consumer in the agreement; and
ii: at any reasonable time requested by the supplier; and
b: take reasonable care of those goods, from the time that the consumer took possession of the goods until the end of 10 working days beginning with the date on which notice was given in accordance with section 36M
2: However, if, during the 10 working days referred to in subsection (1)(b)
3: Despite subsection (1)
4: However, the consumer is under an obligation to take reasonable care to ensure that the goods will not be damaged in transit and, if the consumer chooses to return the goods without a request being made by the supplier, to also take reasonable care to ensure that the goods will be delivered to the supplier.
5: To avoid doubt, a consumer is under no obligation—
a: to permit the supplier to take possession of the goods if the supplier has failed to comply with section 36P
b: to deliver, or to arrange delivery of, the goods to the supplier; or
c: to care for the goods other than as required under this section.
36R: Compensation on cancellation of uninvited direct sale agreement
1: On cancellation of an uninvited direct sale agreement under section 36M
a: arising from the normal use of the goods; or
b: owing to circumstances beyond the consumer's control.
2: Subsection (1)
a: at the end of 10 working days after the date on which notice was given in accordance with section 36M
b: if section 36Q(2)
3: If a supplier provided services under the agreement before it was cancelled,—
a: the supplier is not entitled to any compensation for those services; and
b: if the services have resulted in the alteration of, or damage to, the consumer's property, the supplier must, if required by the consumer and at the supplier's expense, return the property to the condition it was in (or as close as is reasonably practicable to that condition) immediately before the services were provided.
4: A supplier is not entitled to damages, or to enforce any other remedy, in relation to the cancellation of an uninvited direct sale agreement under section 36M
36S: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with subsection (2)
a: exempting classes of agreement for the issue or sale of a financial product from 1 or more provisions of this subpart:
b: prescribing terms and conditions to which an exemption described in paragraph (a)
2: The Minister must not make a recommendation under this section unless—
a: the Minister is satisfied that the exemption is not broader than is reasonably necessary to address the matters that gave rise to the regulations; and
b: the Minister has consulted the persons or representatives of the persons that the Minister considers will be substantially affected by any Order in Council made in accordance with the recommendation, and those persons have had the opportunity to comment to the Minister; and
c: the Minister has considered those comments.
3: A failure to comply with subsection (2)
4: In this section, agreement for the issue or sale of a financial product
3: Extended warranties
36T: Meaning of extended warranty agreement and related definitions
In this subpart,— extended warranty agreement
a: that is entered into—
i: between a consumer and a warrantor in relation to the purchase by the consumer of goods or services; and
ii: at, or at about, the same time as those goods or services are purchased; and
b: under which the warrantor provides specific warranties, guarantees, or undertakings (either directly or through a third person) in relation to those goods or services; and
c: for which the consumer pays a price that is separate from, or additional to, the price at which the goods or services are offered for sale warrantor
a: the supplier, if that person arranges or provides the extended warranty agreement; and
b: if the extended warranty agreement is entered into directly between the consumer and a person other than the supplier (for example, an insurer or manufacturer), that other person.
36U: Disclosure requirements relating to extended warranty agreements
1: A warrantor must ensure that—
a: every extended warranty agreement—
i: is in writing; and
ii: is expressed in plain language; and
iii: is legible; and
iv: is presented clearly; and
v: complies with the requirements of subsection (2)
b: a copy of the agreement is given to the consumer at the time the consumer purchases the extended warranty.
2: The requirements referred to in subsection (1)(a)(v)
a: the following information is set out on the front page of the agreement:
i: a summarised comparison between the relevant Consumer Guarantees Act 1993 guarantees and the protections provided by the extended warranty agreement; and
ii: a summary of the consumer's rights and remedies under the Consumer Guarantees Act 1993; and
iii: a summary of the consumer's right to cancel the agreement under section 36V
iv: the warrantor's name, street address, telephone number, and email address; and
b: all the terms and conditions of the agreement are included in the agreement, including—
i: the rights and obligations of the warrantor and the consumer; and
ii: the duration and expiry date of the agreement (including whether or not the agreement expires when a claim is made); and
c: the total price payable under the agreement is disclosed in the agreement; and
d: the agreement is dated.
3: In addition to the requirements for written disclosure under subsections (1) and (2)
a: the consumer's right to cancel the agreement within 5 working days; and
b: how the consumer may cancel the agreement.
36V: Cancellation of extended warranty agreement
1: A consumer may cancel an extended warranty agreement by giving notice of the cancellation to the warrantor—
a: within 5 working days after the date on which the consumer receives a copy of the agreement; or
b: if the warrantor has failed to comply with section 36U subsection (2)(b)
2: However,—
a: subsection (1)
b: subsection (1)(b) section 36U section 36U(1)(b)
3: Notice of cancellation may be expressed in any way (including oral or written) that shows the intention of the consumer to cancel or withdraw from the agreement.
4: For the purposes of subsection (3)
a: by way of the contact details provided in accordance with section 36U(2)(a)(iv)
b: in any other way agreed to by the consumer and the warrantor.
5: On cancellation of an agreement in accordance with subsections (1) to (3)
6: To avoid doubt, nothing in this section entitles a consumer to cancel any other agreement relating to the goods or services that are the subject of the extended warranty agreement.
36W: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister in accordance with subsection (2)
a: prescribing a statement for the purposes of providing the information specified in section 36U(2)
b: prescribing how, when, and to whom a statement prescribed under paragraph (a)
2: The Minister must not make a recommendation under this section unless—
a: the Minister has consulted such persons or representatives of such persons as the Minister considers will be substantially affected by any regulations made in accordance with the recommendation, and those persons have had the opportunity to comment to the Minister; and
b: the Minister has considered any such comments.
3: A failure to comply with subsection (2) does not affect the validity of any regulations made under this section.
4: Auctions
36X: Definitions
1: In this subpart, unless the context otherwise requires,— auction
a: bids for the property are placed with the auctioneer in real time, whether in person, by telephone, via the Internet, or by any other means; and
b: the property is sold when the auctioneer so indicates registered auctioneer Auctioneers Act 2013 vendor
2: To avoid doubt, a process of selling property is not necessarily an auction for the purpose of this subpart just because it is described as an auction. For example, a process described as an Internet auction, but that provides that any contract of sale resulting from the process is a contract directly between the winner of the bidding and the seller of the property, is not an auction for the purpose of this subpart.
36Y: Application of subpart
This subpart applies to auctions conducted by or on behalf of—
a: a registered auctioneer; or
b: any other person who carries on business as an auctioneer (within the meaning given in section 5(3)
36Z: Each lot is separate contract of sale
If property is offered for sale by auction in lots,—
a: the offer of each lot is a separate auction; and
b: each lot sold is subject to a separate contract of sale. 1908 No 168 s 59; 2007 No 91 s 42
36ZA: Start and end of auction
1: An auction starts when the auctioneer invites the first bid from potential participants.
2: An auction ends when the auctioneer makes it clear that bidding is closed.
3: However, property that is offered for sale by auction must be treated as having been sold at auction, even if the bidding ceased without the property being sold, if—
a: the auctioneer accepts a subsequent offer from a person who attended the auction; and
b: that offer is accepted before the end of the first working day following the day of the auction. 1908 No 168 s 59; 2007 No 91 s 42
36ZB: Notice to participants
1: Before and during any auction, notice of the terms of the auction must be readily available to view by all participants and potential participants in the auction, which means—
a: for participants attending an auction in person, the notice must be displayed and readily available to view by all participants; and
b: in any other case, the notice must be available to view, before and during the auction, on a readily accessible Internet site.
2: The notice of terms must include notice of the following:
a: in the case of an auction of goods of a kind ordinarily acquired for personal, domestic, or household use or consumption, whether the vendor of the goods is selling the goods in trade as a supplier (within the meaning of the Consumer Guarantees Act 1993):
b: whether the sale is subject to a reserve price:
c: whether vendor bids are permitted.
3: If different terms apply with respect to different lots, the notice, or the auctioneer before starting the auction of each lot, must identify which terms apply.
4: The person responsible for complying with the requirements of subsections (1) to (3)
a: if the auction is conducted by or on behalf of a registered auctioneer, the registered auctioneer; or
b: in any other case, the auctioneer conducting the auction.
36ZC: Vendors selling in trade
The Consumer Guarantees Act 1993 does not apply to goods sold at auction if—
a: the goods are goods that are ordinarily acquired for personal, domestic, or household use; and
b: the vendor is selling the goods in trade as a supplier (within the meaning of the Consumer Guarantees Act 1993); and
c: the goods are acquired in trade; and
d: the notice of the terms of the auction specifies that in the circumstances described in paragraphs (a) to (c)
36ZD: Vendor bids
1: An auctioneer must not accept a vendor bid unless—
a: the terms of the auction specify that vendor bids are permitted; and
b: the auctioneer identifies each vendor bid as it is given; and
c: the property is offered for sale with a reserve price and the vendor bid is less than the reserve price.
2: In this section, vendor bid 1908 No 168 s 59; 2007 No 91 s 42
36ZE: Bids may be withdrawn until end of auction
Any bid at an auction may be withdrawn before the end of the auction. 2007 No 91 s 42
36ZF: Account and payment of proceeds
1: Within 10 working days after the sale by auction of property, the auctioneer must provide to the vendor—
a: the balance of the proceeds of the sale payable to the vendor; and
b: an account of the sale, which must set out, at a minimum, the bid accepted from the purchaser, the amount of any tax, auctioneer's commission or other deductions, and the amount payable to the vendor.
2: However, unless the vendor and auctioneer have agreed otherwise, if the vendor requests an auctioneer to provide the balance of the proceeds and an account of the sale sooner than 10 working days after the sale, the auctioneer must comply with the request within 5 working days after the request is made.
3: An auctioneer need not comply with subsection (1)
a: the vendor—
i: is in trade; or
ii: is selling goods other than goods of a kind ordinarily acquired for personal, domestic, or household use or consumption; and
b: the vendor agrees (expressly or impliedly) that subsection (1)
4: This section does not apply to a sale by auction of land or an interest in land conducted by a licensed real estate agent, and the provisions of the Real Estate Agents Act 2008 apply instead. 1928 No 29 s 31 . Jurisdiction
24: Jurisdiction of High Court
Section 37
d: applications for orders under section 46B
e: appeals from any order of a District Court under section 46B
f: appeals from any order or decision of a District Court under section 46C or 46G
g: applications by the Commission for a declaration under section 46I
25: Jurisdiction of District Courts
1: Section 38
c: applications for orders under section 46B
d: applications under sections 46C and 46G
e: applications by the Commission for a declaration under section 46I
2: Section 38
2: This section is subject to section 43B
26: Jurisdiction of Disputes Tribunals
1: Section 39 section 43(2)(c) to (f) of this Act (except in respect of a contravention of section 9 of this Act) section 43
2: Section 39
2: This section is subject to section 43B Offences and orders
27: Contraventions of provisions of Part 1, Part 2, Part 3, and Part 4 an offence
1: The heading to section 40 Part 1, Part 2, Part 3, and Part 4 Parts 1 to 4A
2: Section 40
1: Every person who contravenes a provision of Part 1 (except sections 9, 14(2), 23, or 24), Part 3, or Part 4 commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $200,000; and
b: in the case of a body corporate, to a fine not exceeding $600,000.
3: Section 40(1A) $200,000 $600,000
4: Section 40
1B: Every person who contravenes a provision of Part 2 or Part 4A
a: in the case of an individual, to a fine not exceeding $10,000; and
b: in the case of a body corporate, to a fine not exceeding $30,000.
28: Additional penalty for contravention of section 24 involving commercial gain
Section 40A(4)
29: New sections 40B to 40H inserted
The following sections are inserted after section 40A
40B: Infringement offence, etc, defined
In this Act, unless the context otherwise requires,— infringement fee section 40H infringement notice section 40H section 40D infringement offence
a: an offence against section 40(1) section 33D
b: an offence against section 40(1B)
c: an offence against section 40(1B) section 28B(2) or (3)
d: an offence against section 40(1B) Part 4A
i: section 36C
ii: section 36D
iii: section 36L
iv: section 36U
40C: Infringement offence alleged
1: If a person is alleged to have committed an infringement offence, the person may either—
a: be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
b: be served with an infringement notice.
2: Despite section 21 of the Summary Proceedings Act 1957, leave of a District Court Judge or Registrar to file a charging document is not necessary if the Commission commences proceedings for an infringement offence by filing a charging document under the Criminal Procedure Act 2011. 1992 No 122 s 165A
40D: Issue of infringement notice
1: The Commission may issue an infringement notice to a person if—
a: the Commission believes on reasonable grounds that the person is committing, or has committed, an infringement offence; and
b: no information for that offence has been laid against, and no infringement notice has been issued to, the person in relation to the conduct alleged to be an infringement offence.
2: The Commission may revoke an infringement notice before the infringement fee is paid, or before an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.
3: An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked. 1992 No 122 s 165B
40E: Procedural requirements for infringement notices
1: An infringement notice may be served on a person (a recipient
a: by delivering it, or a copy of it, personally to the recipient; or
b: by sending it, or a copy of it, by post, addressed to the recipient at the recipient's last known place of residence or business.
2: For the purposes of the Summary Proceedings Act 1957, an infringement notice sent under subsection (1)(b)
3: An infringement notice must be in the form prescribed by regulations made under section 40H
a: details of the alleged infringement offence that are sufficient to fully and fairly inform the recipient of the time, place, and nature of the alleged infringement offence; and
b: the amount of the infringement fee; and
c: an address at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
f: a statement that the recipient has a right to request a hearing; and
g: a statement of what will happen if the recipient does not pay the fee and does not request a hearing; and
h: any other prescribed matters.
4: If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and in that case, section 21 of the Summary Proceedings Act 1957 applies, with all necessary modifications.
5: Reminder notices must be prescribed by regulations made under section 40H subsection (3) 1992 No 122 s 165C
40F: What Commission does with infringement fees
The Commission must pay all infringement fees received into a Crown Bank Account. 1992 No 122 s 165D
40G: Effect of infringement notice
If an infringement notice is issued, a criminal record must not be created in respect of the infringement offence.
40H: Regulations relating to infringement offences
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the following purposes:
a: prescribing the form of infringement notices and reminder notices:
b: prescribing any matters that must be included in those notices:
c: prescribing the amount of the infringement fee.
30: Summary Proceedings Act 1957 consequentially amended
1: This section amends the Summary Proceedings Act 1957
2: The definition of infringement notice section 2(1)
fb: section 40D . 2014-06-17 Summary Proceedings Act 1957
31: Order to disclose information or publish advertisement
Section 42(3)
32: New sections 43 to 43B substituted
Section 43
43: Other orders
1: This section applies if, in proceedings under this Part or on the application of any person, a court or a Disputes Tribunal finds that a person ( person A person B
a: a contravention of a provision of Parts 1 to 4A relevant provision
b: aiding, abetting, counselling, or procuring a contravention of a relevant provision:
c: inducing by threats, promises, or otherwise a contravention of a relevant provision:
d: being in any way directly or indirectly knowingly concerned in, or party to, a contravention of a relevant provision:
e: conspiring with any other person in the contravention of a relevant provision.
2: The court or the Disputes Tribunal may make 1 or more of the orders described in subsection (3)
a: whether or not the court grants an injunction, or the court or the Disputes Tribunal makes any other order, under this Part; and
b: whether or not person A made the application or is a party to the proceedings.
3: The orders are as follows:
a: an order declaring all or part of a contract made between person A and person B, or a collateral arrangement (for example, a collateral credit agreement) relating to such a contract,—
i: to be void; and
ii: if the court or the Disputes Tribunal thinks fit, to have been void at all times on and after a date specified in the order, which may be before the date on which the order is made:
b: if an order described in paragraph (a)
c: an order in respect of a contract made between person A and person B, or a collateral arrangement (for example, a collateral credit agreement) relating to such a contract,—
i: varying the contract or the arrangement in the manner specified in the order; and
ii: if the court or the Disputes Tribunal thinks fit, declaring the varied contract or arrangement to have had effect on and after a date specified in the order, which may be before the date on which the order is made:
d: if an order described in paragraph (c)
e: an order directing person B to refund money or return property to person A:
f: an order directing person B to pay to person A the amount of the loss or damage:
g: an order directing person B, at person B's own expense, to repair, or to provide parts for, goods that have been supplied by person B to person A:
h: an order directing person B, at person B's own expense, to supply specified goods or services to person A.
4: In subsection (3)(a) to (d) 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 person A to pay, or defer payment, for the goods.
5: An order made under subsection (3)(a) to (d)
6: This section does not limit or affect—
a: the Illegal Contracts Act 1970; or
b: section 317 of the Accident Compensation Act 2001.
43A: Application for order under section 43
A person may apply to a court or a Disputes Tribunal for an order under section 43
43B: Limits on jurisdiction of District Court and Disputes Tribunal to make orders under section 43
1: A District Court must not make an order under section 43 subsection (3)
2: A Disputes Tribunal must not make an order under section 43 subsection (3)
a: $15,000:
b: the amount specified in section 10(1A)(b) of the Disputes Tribunals Act 1988:
c: the amount specified in section 13(2) of the Disputes Tribunals Act 1988, if the jurisdiction of the Disputes Tribunal is extended by an agreement between the parties under section 13 of that Act.
3: The values and amounts are as follows:
a: in the case of an order under section 43(3)(a) or (c)
b: in the case of an order under section 43(3)(e)
c: in the case of an order under section 43(3)(f)
d: in the case of an order under section 43(3)(g)
e: in the case of an order under section 43(3)(h)
33: Defences
Section 44(1)
ab: that, in the case of an offence under section 40(1) in relation to a contravention of section 21C(1) .
34: Finding in proceedings to be evidence
Section 46 the court or the High Court or a Enforceable undertakings and management banning orders
35: New headings and sections 46A to 46G inserted
The following headings and sections are inserted after section 46 Enforceable undertakings
46A: Commission may accept undertakings
1: The Commission may accept a written undertaking given by, or on behalf of, a person in connection with any matter relating to the enforcement of this Act.
2: The person may withdraw or vary the undertaking with the consent of the Commission. 1978 No 103 s 69J
46B: Enforcement of undertakings
1: If the Commission considers that a person who has given an undertaking under section 46A subsection (2)
2: The court may make any of the following orders if it is satisfied that the person has breached a term of the undertaking:
a: an order directing the person to comply with the term:
b: an order directing the person to pay to the Crown an amount not exceeding the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach:
c: any order that the court thinks appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach:
d: an order for any consequential relief that the court thinks appropriate. 1978 No 103 s 69K Management banning orders
46C: Management banning orders
1: A District Court may make a management banning order against an individual who—
a: has, on at least 2 separate occasions within a 10-year period (whether before or after this section comes into force), committed an offence against section 40(1) or (1A)
b: is, or was at the time of the commission of the offence, a director of, or concerned in the management of, an incorporated or unincorporated body that has, on at least 2 separate occasions within a 10-year period (whether before or after this section comes into force), committed an offence against section 40(1) or (1A)
c: has been prohibited by an overseas jurisdiction, in connection with the contravention of any law relating to fair trading, from carrying on activities that are substantially similar to those referred to in section 46D
2: The court may make the order only if it is satisfied that the order is necessary to protect the public from the risk that the person, or any incorporated or unincorporated body of which the person is a director, or the management of which the person is concerned in, will commit further offences against section 40(1) or (1A)
46D: Terms of management banning orders
A management banning order must prohibit the person to whom it applies from being, without the leave of a District Court, a director of, or being in any way (whether directly or indirectly) concerned in or taking part in the management of, an incorporated or unincorporated body that carries on business in New Zealand, for a period specified in the order, which must be no more than 10 years. 1978 No 103 s 60B
46E: Offence to breach management banning order
A person who breaches a management banning order made against him or her commits an offence and is liable on summary conviction to a fine not exceeding $60,000.
46F: Procedures relating to management banning order
1: An application for a management banning order may be made only by the Commission.
2: The Commission, and any other persons that the court thinks fit, may attend and be heard at the hearing of the application.
3: A copy of every management banning order must be given to—
a: the person concerned; and
b: the Commission; and
c: the Registrar of Companies.
4: The Commission must publish every management banning order made under section 46C Gazette 1978 No 103 s 60F
46G: Seeking leave of court
1: An application for leave of a District Court under section 46D
2: The Commission, and any other persons that the court thinks fit, may attend and be heard at the hearing of the application. 1978 No 103 s 60F
36: New heading and sections 46H to 46M inserted
The following heading and sections are inserted after section 46G Declaration of unfair contract terms
46H: Application by Commission for declaration of unfair contract term
1: The Commission may apply to the High Court or a District Court (at the choice of the Commission) for a declaration under section 46I
2: Any person may ask the Commission to apply to a court for a declaration under section 46I
46I: Declaration of unfair contract terms
1: The High Court or a District Court may, on application by the Commission, declare that a term in a standard form consumer contract is an unfair contract term.
2: The court may make the declaration only if it is satisfied that—
a: the term is in a contract that is a consumer contract; and
b: the consumer contract is a standard form contract (as determined in accordance with section 46J
c: the declaration is not prohibited by section 46K(1); and
d: the term is unfair in the sense described in section 46L
3: A declaration under this section—
a: must identify the contract to which it applies by reference to at least 1 of the parties to the contract; and
b: may describe the context or conditions in which the term's inclusion in a standard form contract means that the term is an unfair contract term.
46J: Standard form contracts
1: A court may determine that any contract in which the terms (other than terms referred to in section 46K
2: In determining whether a contract is a standard form contract, the court must (without limitation) take into account the following:
a: whether one of the parties has all or most of the bargaining power relating to the transaction:
b: whether the contract was prepared by one or more parties before any discussion relating to the transaction occurred with the other party or parties:
c: whether 1 or more of the parties was, in effect, required either to accept or reject the terms of the contract (other than terms referred to in section 46K
d: the extent to which the parties had an effective opportunity to negotiate the terms (other than terms referred to in section 46K
e: the extent to which the terms of the contract take into account the specific characteristics of any party to the contract.
3: If a party to a proceeding alleges that a contract is a standard form contract, the contract is presumed to be a standard form contract unless any other party to the proceedings proves otherwise.
46K: Terms that may not be declared to be unfair contract terms
1: A court may not declare a term in a standard form consumer contract to be an unfair contract term to the extent that the term—
a: defines the main subject matter of the contract; or
b: sets the upfront price payable under the contract; or
c: is a term required or expressly permitted by any enactment.
2: In this section, upfront price
46L: When term in consumer contract is unfair
1: A term in a consumer contract is unfair if the court is satisfied that the term—
a: would cause a significant imbalance in the parties' rights and obligations arising under the contract; and
b: is not reasonably necessary in order to protect the legitimate interests of the party who would be advantaged by the term; and
c: would cause detriment (whether financial or otherwise) to a party if it were applied, enforced, or relied on.
2: In determining whether a term of a consumer contract is unfair, the court may take into account any matters it thinks relevant, but must take into account—
a: the extent to which the term is transparent; and
b: the contract as a whole.
3: For the purpose of subsection (1)(b)
4: For the purpose of subsection (1)(b) section 46M
a: a term that identifies the uncertain event or that otherwise specifies the subject matter insured or the risk insured against:
b: a term that specifies the sum or sums insured or assured:
c: a term that excludes or limits the liability of the insurer to indemnify the insured on the happening of certain events or on the existence of certain circumstances:
d: a term that describes the basis on which claims may be settled or that specifies any contributory sum due from, or amount to be borne by, an insured in the event of a claim under the contract of insurance:
e: a term that provides for the payment of the premium:
f: a term relating to the duty of utmost good faith that applies to parties to a contract of insurance:
g: a term specifying requirements for disclosure, or relating to the effect of non-disclosure or misrepresentation, by the insured.
5: In subsection (4) contract of insurance premium uncertain event
46M: Examples of unfair contract terms
Without limiting section 46I
a: a term that permits, or has the effect of permitting, one party (but not another party) to avoid or limit performance of the contract:
b: a term that permits, or has the effect of permitting, one party (but not another party) to terminate the contract:
c: a term that penalises, or has the effect of penalising, one party (but not another party) for a breach or termination of the contract:
d: a term that permits, or has the effect of permitting, one party (but not another party) to vary the terms of the contract:
e: a term that permits, or has the effect of permitting, one party (but not another party) to renew or not renew the contract:
f: a term that permits, or has the effect of permitting, one party to vary the upfront price (as defined in section 46K(2)
g: a term that permits, or has the effect of permitting, one party unilaterally to vary the characteristics of the goods or services to be supplied, or the interest in land to be sold or granted, under the contract:
h: a term that permits, or has the effect of permitting, one party unilaterally to determine whether a contract has been breached or to interpret its meaning:
i: a term that limits, or has the effect of limiting, one party's vicarious liability for its agents:
j: a term that permits, or has the effect of permitting, one party to assign the contract to the detriment of another party without that other party's consent:
k: a term that limits, or has the effect of limiting, one party's right to sue another party:
l: a term that limits, or has the effect of limiting, the evidence one party can adduce in proceedings relating to the contract:
m: a term that imposes, or has the effect of imposing, the evidential burden on one party in proceedings relating to the contract. Offences (consequential)
37: New section 47F substituted
Section 47F
47F: Offence to resist, obstruct, or delay
1: Every person commits an offence who resists, obstructs, or delays—
a: any product safety officer exercising a power under section 33C or 33D
b: any authorised person acting pursuant to a warrant issued under section 47; or
c: any authorised employee exercising a power under section 47L
2: A person who commits an offence against this section is liable on conviction to a fine not exceeding $10,000 in the case of an individual, or $30,000 in the case of a body corporate.
38: Commission may require person to supply information or documents
1: The heading to section 47G or give evidence
2: Section 47G(1) ; or
c: to appear before the Commission at a time and place specified in the notice to give evidence, either orally or in writing, and supply any document or class of documents specified in the notice.
3: Section 47G
3: No person is excused from complying with a requirement to supply information or documents, or to appear before the Commission, on the ground that to do so might tend to incriminate the person.
4: A statement made by a person in answer to a question put by or before the Commission is not admissible against the person in criminal proceedings other than proceedings for a charge of perjury against the maker of the statement or in proceedings on a charge of an offence against section 47J.
5: Subsections (3) and (4) Authorised employees
39: New sections 47K and 47L inserted
The following sections are inserted after section 47J
47K: Commission may authorise employees for monitoring and enforcement purposes
1: The Commission may authorise any employee (an authorised employee
a: consumer information standards:
b: product safety standards:
c: unsafe goods notices:
d: suspension of supply notices:
e: services safety standards.
2: Every employee so authorised must be issued with a certificate as evidence of the person's appointment.
3: The certificate must be in a form determined by the Commission and contain—
a: a reference to this section; and
b: the full name of the authorised employee; and
c: a reference to the powers conferred on the authorised employee under section 47L
d: a statement of the powers (if any) of the authorised employee under the Search and Surveillance Act 2012.
47L: Powers of authorised employees
1: In this section,— place relevant goods or services
2: An authorised employee may enter and inspect a place (not being a dwellinghouse), without a warrant, for the purpose of monitoring or enforcing compliance with any consumer information standards, product safety standards, unsafe goods notices, suspension of supply notices, or services safety standards that apply to any relevant goods.
3: While at the place, an authorised employee may, for the purpose described in subsection (2)
a: with respect to any goods at the place that are available to consumers for supply or that are dispatched for supply, inspect the goods, photograph them, and purchase them at the price for which they are currently offered for sale:
b: require the person at the place who appears to be in charge of the supply or dispatch of relevant goods or services at the time (the person in charge
c: require the person in charge to give the authorised employee any information about the goods or services that is normally disclosed to a consumer to whom the goods or services are supplied or dispatched:
d: require the person in charge to identify the person from whom relevant goods were acquired:
e: if relevant goods have, within a specified period, been supplied in trade to another person other than by retail, require the person in charge to identify the person or persons to whom they have been supplied during that period:
f: require any person by whom any relevant goods are carried for delivery pursuant to, or in connection with, a contract for sale, to give—
i: his or her name and address; and
ii: the name and address of his or her employer (if any); and
iii: the name and address of the owner of the goods, if known:
g: issue an infringement notice, on behalf of the Commission, under section 40D
4: If an authorised employee enters a dwellinghouse with the permission of the occupier or under a warrant issued under subsection (5) subsection (2) subsection (3)
5: An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, by warrant, authorise an authorised employee to enter and inspect a dwellinghouse or any other place specified in the warrant if the issuing officer is satisfied, on application made in accordance with subsection (6) subsection (2)
6: The application for a warrant must be made in writing in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012.
7: Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) applies. Consequential amendments, repeals, and savings
40: Saving of other laws
Section 50
3: However, subsection (1) does not apply in relation to any provision in Part 4A
41: Consequential repeals and amendments
1: The following Acts are repealed:
a: Door to Door Sales Act 1967
b: Unsolicited Goods and Services Act 1975
2: The enactments specified in the Schedule 2014-06-17 Door to Door Sales Act 1967 Unsolicited Goods and Services Act 1975 Companies Act 1993 Electronic Transactions Act 2002 Goods and Services Tax Act 1985 Insolvency Act 2006 Mercantile Law Act 1908 Private Security Personnel and Private Investigators Act 2010 Real Estate Agents Act 2008 Search and Surveillance Act 2012 District Courts Rules 2009 Private Security Personnel and Private Investigators (Forms) Regulations 2011 Summary Proceedings (Orders of Reparation) Order 2011
42: Repeal and savings relating to Layby Sales Act 1971
1: The Layby Sales Act 1971
2: Despite subsection (1) Layby Sales Act 1971
3: In subsection (2) layby sale section 3 2014-06-17 Layby Sales Act 1971 |
DLM5619700 | 2013 | Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2013 | 1: Title
This Act is the Aquaculture Reform (Repeals and Transitional Provisions) 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 Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 principal Act 2013-12-05 Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
4: Section 20A amended (Marine Farming Permit 364 for Waikato Communal Area)
In section 20A(8) 325° 805 metres from Trig 238 352° 805 metres from Trig 23B |
DLM5621900 | 2013 | Extradition Amendment Act 2013 | 1: Title
This Act is the Extradition 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 Extradition Act 1999 principal Act 2013-12-05 Extradition Act 1999
4: Section 101B amended (Certain crimes with transnational aspects deemed to be included in extradition treaties)
In section 101B(1)(a) 257A 243 |
DLM5628500 | 2013 | Wills Amendment Act 2013 | 1: Title
This Act is the Wills 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 Wills Act 2007 principal Act 2013-12-05 Wills Act 2007
4: Section 40A amended (Application of Wills (Validity) Amendment Act 2012)
In the heading to section 40A ( Validity |
DLM5623700 | 2013 | Maori Commercial Aquaculture Claims Settlement Amendment Act 2013 | 1: Title
This Act is the Maori Commercial Aquaculture Claims Settlement 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 Maori Commercial Aquaculture Claims Settlement Act 2004 principal Act 2013-12-05 Maori Commercial Aquaculture Claims Settlement Act 2004
4: Section 11 amended (Settlement in negotiation period)
In section 11(5)(a) section 14 section 13 |
DLM4632802 | 2013 | Financial Reporting Act 2013 | 1: Title
This Act is the Financial Reporting Act 2013.
2: Commencement
1: This Act (except section 59
2: Section 59
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 1 April 2017.
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(1) brought into force 1 April 2014 clause 2 Financial Reporting Legislation Commencement Order 2014 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: continue the External Reporting Board and define its functions and powers; and
b: provide for the issue of financial reporting standards , climate standards,
c: provide for auditor qualifications and other standard provisions relating to financial reporting duties under other enactments; and
d: provide for standard provisions relating to climate-related disclosure duties under the Financial Markets Conduct Act 2013 Section 3(b) amended 28 October 2021 section 33(1) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 3(d) inserted 28 October 2021 section 33(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
4: Overview of financial reporting
and other
1: This Act provides for various matters relating to financial reporting duties under other enactments, including—
a: defining key concepts (for example, generally accepted accounting practice, financial statements, and group financial statements); and
b: providing for the Board to prepare and issue financial reporting standards and auditing and assurance standards; and
c: providing standard provisions for auditor qualifications, access to information by auditors, and balance dates.
2: Other enactments (for example, the Companies Act 1993 Financial Markets Conduct Act 2013
a: keep accounting records; and
b: prepare financial statements or group financial statements in accordance with generally accepted accounting practice or non-GAAP standards; and
c: have those statements audited; and
d: register or lodge those statements or otherwise distribute those statements to interested persons (for example, shareholders or members).
2A: This Act also provides for various matters relating to climate-related disclosure duties under the Financial Markets Conduct Act 2013
a: defining key concepts (for example, climate-related disclosure framework, climate statements, and group climate statements); and
b: providing for the Board to prepare and issue climate standards.
3: This section is only a guide to the general scheme and effect of this Act and other enactments in relation to financial reporting duties , and of this Act in relation to climate-related disclosure duties Section 4 heading amended 28 October 2021 section 34(1) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 4(2A) inserted 28 October 2021 section 34(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 4(3) amended 28 October 2021 section 34(3) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
5: Interpretation
1: In this Act, unless the context otherwise requires,— accounting period
a: means a year ending on a balance date of the entity, and if, as a result of the date of the formation or incorporation of the entity or a change of the balance date of the entity, the period ending on that date is longer or shorter than a year, that longer or shorter period is an accounting period; and
b: includes, in the case of an entity that is formed or incorporated under, or is affected by, an Act that specifies, refers to, or defines a financial year for the entity, that financial year accredited body subpart 5 applicable auditing and assurance standard applicable climate standard applicable financial reporting standard approved association section 36(1)(c) auditing and assurance standard section 12 authoritative notice section 12(c) balance date
a: has the meaning given to it by section 41
b: in relation to a charitable entity (within the meaning of the Charities Act 2005 section 41(3) to (7)
c: includes, in the case of an entity that is formed or incorporated under, or is affected by, an Act that specifies, refers to, or defines a financial year for the entity, the last day of the financial year Board section 11 climate-related disclosure framework section 9AA climate reporting entity section 461O climate standard section 12 climate statements Commissioner of Inland Revenue Tax Administration Act 1994 company section 2(1) director
a: in relation to a company or an overseas company, a person occupying the position of a director of the company or overseas company by whatever name called:
b: in relation to a partnership (other than a limited partnership), a partner:
c: in relation to a limited partnership, any general partner:
d: in relation to a charitable entity (within the meaning of the Charities Act 2005
e: in relation to a body corporate or unincorporate, other than a company or an overseas company or a partnership or a limited partnership or a charitable entity, a person occupying a position in the body that is comparable with that of a director of a company:
f: in relation to any other person, that person entity
a: a company, an overseas company, or any other body corporate:
b: a corporation sole:
c: a trust, a partnership, or an association of persons, whether incorporated or not:
d: a scheme or fund:
e: a retirement village (within the meaning of the Retirement Villages Act 2003
f: a society or a branch of a society Friendly Societies and Credit Unions Act 1982
g: the Crown, a department, or an office of Parliament (within the meaning of those terms in section 2(1) Schedule 4
h: a Crown entity (within the meaning of section 7
i: a local authority (within the meaning of section 5(1) financial reporting standard section 12 financial statements section 6 FMC reporting entity section 451 generally accepted accounting practice section 8 group group climate statements group financial statements section 7 Institute New Zealand Institute of Chartered Accountants Act 1996 interim accounting period large section 45 licensed auditor section 6(1) Minister non-GAAP standard overseas company qualified statutory accountant
a: a chartered accountant (within the meaning of section 19
b: a member of an accredited body (other than the Institute) who holds the full professional designation of that body (for example, a certified practising accountant); or
c: recognised under section 36S registered audit firm section 6(1) Registrar section 357(1) reporting entity
a: means an entity whose financial statements, group financial statements, reports, or other information is required by any enactment to comply, or be prepared in accordance, with generally accepted accounting practice or non-GAAP standards; or
b: means an entity whose climate statements, group climate statements, reports, or other information is required by any enactment to comply, or be prepared in accordance, with the climate-related disclosure framework specified not-for-profit entity section 46 standard
a: a financial reporting standard; or
aa: a climate standard; or
b: an auditing and assurance standard subsidiary sections 5 to 8
2: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
3: If an example and a provision to which it relates are inconsistent, the provision prevails. Section 5(1) accredited body inserted 1 July 2015 section 4 Financial Reporting Amendment Act 2014 Section 5(1) applicable auditing and assurance standard replaced 28 October 2021 section 35(1) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 5(1) applicable climate standard inserted 28 October 2021 section 35(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 5(1) approved association inserted 1 July 2015 section 4 Financial Reporting Amendment Act 2014 Section 5(1) climate-related disclosure framework inserted 28 October 2021 section 35(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 5(1) climate reporting entity inserted 28 October 2021 section 35(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 5(1) climate standard inserted 28 October 2021 section 35(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 5(1) climate statements inserted 28 October 2021 section 35(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 5(1) entity amended 1 April 2019 section 57(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 5(1) group climate statements inserted 28 October 2021 section 35(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 5(1) Institute inserted 1 July 2015 section 4 Financial Reporting Amendment Act 2014 Section 5(1) qualified statutory accountant inserted 1 July 2015 section 4 Financial Reporting Amendment Act 2014 Section 5(1) Registrar inserted 1 July 2015 section 4 Financial Reporting Amendment Act 2014 Section 5(1) reporting entity replaced 28 October 2021 section 35(3) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 5(1) standard inserted 28 October 2021 section 35(4) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
6: Meaning of financial statements
In this Act, financial statements
a: means the statements for the entity as at the balance date, or in relation to the accounting period ending at the balance date, that are required to be prepared in respect of the entity by an applicable financial reporting standard or a non-GAAP standard; and
b: includes any notes giving information relating to those statements that are required by an applicable financial reporting standard or a non-GAAP standard.
7: Meaning of group financial statements
In this Act, group financial statements
a: means the statements for the group as at the balance date, or in relation to the accounting period ending at the balance date, that are required to be prepared in respect of the group by an applicable financial reporting standard; and
b: includes any notes giving information relating to those statements that are required by an applicable financial reporting standard.
8: Meaning of generally accepted accounting practice
In this Act, financial statements, group financial statements, a report, or other information complies with generally accepted accounting practice
a: applicable financial reporting standards; and
b: in relation to matters for which no provision is made in applicable financial reporting standards, an authoritative notice.
9: Obligation to comply with generally accepted accounting practice prevails
1: This section applies if—
a: an Act that applies to an entity ( A
b: another Act that applies to A provides that the financial statements of A must comply, or be prepared in accordance with, either generally accepted accounting practice or a non-GAAP standard.
2: The financial statements of A must comply, or be prepared in accordance with, generally accepted accounting practice.
9AA: Meaning of climate-related disclosure framework
In this Act, climate statements, group climate statements, a report, or other information complies with the climate-related disclosure framework
a: applicable climate standards; and
b: in relation to matters for which no provision is made in applicable climate standards, an authoritative notice. Section 9AA inserted 28 October 2021 section 36 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
9A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in the Schedule Section 9A inserted 1 July 2015 section 5 Financial Reporting Amendment Act 2014
10: Act binds the Crown
This Act binds the Crown.
2: External Reporting Board, standards, and provisions that apply to other enactments
1: External Reporting Board
11: Continuation of External Reporting Board
1: There continues to be an organisation called the External Reporting Board.
2: The External Reporting Board is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: The External Reporting Board is the same body as the External Reporting Board continued under section 22 1993 No 106 s 22
12: Functions of Board
The Board has the following functions:
a: to prepare and, if it thinks fit, issue financial reporting standards for the purposes of any enactment that requires—
i: financial statements or group financial statements to comply, or be prepared in accordance, with generally accepted accounting practice or non-GAAP standards; or
ii: a statement, report, or other information to comply, or be prepared in accordance, with financial reporting standards:
aa: to prepare and, if it thinks fit, issue climate standards for the purposes of any enactment that requires climate statements or group climate statements, or a statement, report, or other information to comply, or be prepared in accordance, with the climate-related disclosure framework:
b: to prepare and, if it thinks fit, issue auditing and assurance standards for—
i: the purposes of the Auditor Regulation Act 2011
ii: the purposes of any rules or codes of ethics of an association of accountants where those rules or codes require the association's members to comply with those standards; or
iii: any other purpose approved by the Minister by notice in writing to the Board:
c: to prepare and, if it thinks fit, issue authoritative notices for the purposes of—
i: the definition of generally accepted accounting practice; or
ii: the definition of climate-related disclosure framework:
d: to develop and implement strategies for the issue of standards in order to provide a framework for the Board's overall direction in the setting of standards (including implementing a strategy for tiers of financial reporting in accordance with sections 29 to 33
e: to liaise with international or national organisations that perform functions that correspond with, or are similar to, those conferred on the Board:
f: to perform and exercise the functions, duties, and powers conferred or imposed on it by or under this Act and any other enactments. 1993 No 106 s 24(1) Section 12(aa) inserted 28 October 2021 section 37(1) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 12(c) replaced 28 October 2021 section 37(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
13: Board must act independently
Except as expressly provided otherwise in this or another Act, the Board must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—
a: this Act; and
b: any other Act that expressly provides for the functions, duties, or powers of the Board (other than the Crown Entities Act 2004 1993 No 106 s 25
14: Membership of Board
1: The Board consists of no fewer than 4 and no more than 9 members.
2: The Minister must not recommend a person for appointment as a member of the Board unless, in the opinion of the Minister, that person is qualified for appointment by reason of his or her knowledge of, or experience in, business, accounting, auditing, finance, economics, law, or sustainable development
3: Subsection (2) does not limit section 29
4: Members of the External Reporting Board are the board for the purposes of the Crown Entities Act 2004 1993 No 106 s 23 Section 14(2) amended 28 October 2021 section 38 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
2: Standards
Subpart 2 heading replaced 28 October 2021 section 39 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Financial reporting standards
15: Financial reporting standards
1: Financial reporting standards may—
a: have general or specific application:
b: differ according to differences in time or circumstance.
2: A financial reporting standard may be expressed to apply to all reporting entities or groups or to specified classes of reporting entities or groups.
3: A financial reporting standard may specify the accounting periods or interim accounting periods in relation to which the standard applies. 1993 No 106 s 27(1), (2)
16: Prospective, summary, or interim financial information
1: A financial reporting standard may relate to prospective, summary, or interim financial information.
2: This section does not limit section 15 1993 No 106 s 24(2)
17: Financial reporting standards may cover non-financial reporting
1: A financial reporting standard may relate to reporting on—
a: an entity's performance; or
b: an entity's related party transactions; or
c: any other non-financial matter that directly relates, or is incidental or ancillary, to an entity's financial reporting; or
d: other non-financial matters authorised by an Order in Council made under subsection (2).
2: The Governor-General may, on the recommendation of the Minister, by Order in Council,—
a: authorise the Board to issue financial reporting standards that relate to reporting on 1 or more of the following matters:
i: an entity's governance:
ii: an entity's strategic direction and targets:
iii: the social, environmental, and economic context in which an entity operates:
iv: any other matter relating to an entity's performance or position; and
b: specify conditions to which the authorisation is subject.
3: The Minister may make a recommendation only if he or she is satisfied that it is desirable for standards referred to in subsection (2)(a) to be issued in order to provide for the integrated reporting of an entity's performance or position in terms of both financial and non-financial information.
4: This section does not limit section 15
5: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 17(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
18: Non-GAAP standards
1: A financial reporting standard may state that it is a non-GAAP standard.
2: A non-GAAP standard may be expressed to apply to an entity even if the financial statements of the entity are not required to comply with generally accepted accounting practice.
3: A non-GAAP standard must specify the provisions of the enactments in relation to which the standard applies.
4: This section does not limit section 15
19: Financial reporting standards may classify entity as subsidiary
1: A financial reporting standard may classify an entity ( A B
2: A financial reporting standard may classify an entity as a subsidiary of another entity regardless of whether it is a subsidiary under, or taken to be controlled for the purposes of, section 5 1993 No 106 s 27(3)
19A: Guidance for purposes of non-financial reporting
1: The Board may issue non-binding guidance that relates to non-financial reporting on 1 or more of the matters in section 17(2)(a)(i) to (iv)
2: The purpose of the guidance is to facilitate best practice reporting on those matters.
3: The guidance—
a: must not be inconsistent with any financial reporting standard or authoritative notice; and
b: must state that it is non-binding.
4: Subsection (1)—
a: applies regardless of whether an Order in Council is made under section 17(2)
b: does not limit the general powers of the Board. Section 19A inserted 28 October 2021 section 40 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Climate standards Heading inserted 28 October 2021 section 40 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
19B: Purpose of climate standards and climate-related disclosures
The purpose of climate standards is to provide for, or promote, climate-related disclosures, in order to—
a: encourage entities to routinely consider the short-, medium-, and long-term risks and opportunities that climate change presents for the activities of the entity or the entity’s group; and
b: enable entities to show how they are considering those risks and opportunities; and
c: enable investors and other stakeholders to assess the merits of how entities are considering those risks and opportunities. Section 19B inserted 28 October 2021 section 40 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
19C: Climate standards
1: Climate standards may—
a: have general or specific application:
b: differ according to differences in time or circumstance.
2: A climate standard may be expressed to apply to all reporting entities or groups or to specified classes of reporting entities or groups.
3: A climate standard may specify the accounting periods or interim accounting periods in relation to which the standard applies. Section 19C inserted 28 October 2021 section 40 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Auditing and assurance standards
20: Auditing and assurance standards
1: Auditing and assurance standards may—
a: have general or specific application:
b: differ according to differences in time or circumstance.
2: Auditing and assurance standards may (without limitation) include—
a: professional and ethical standards that govern the professional conduct of audit or assurance practitioners:
b: standards for related services.
3: In this section,— audit or assurance practitioner related services
a: agreed-upon procedures; or
b: other non-assurance work that may ordinarily be carried out by an audit or assurance practitioner. 1993 No 106 s 29(1), (2) Section 20(2) replaced 13 January 2020 section 39 Regulatory Systems (Economic Development) Amendment Act 2019 Section 20(3) inserted 13 January 2020 section 39 Regulatory Systems (Economic Development) Amendment Act 2019 Provisions relating to making of and status of standards and authoritative notices
21: Interpretation in sections 22 to 26
In sections 22 to 26 amendment personal information section 7(1) Privacy Commissioner section 7(1) revocation Section 21 personal information amended 1 December 2020 section 217 Privacy Act 2020 Section 21 Privacy Commissioner amended 1 December 2020 section 217 Privacy Act 2020
22: Consultation
1: The Board must not issue a standard, an authoritative notice, an amendment, or a revocation unless the Board has taken reasonable steps to consult the persons or representatives of persons who, in the opinion of the Board, would be substantially affected by the issue of the standard, notice, amendment, or revocation.
2: The Board must not issue a standard, an authoritative notice, or an amendment that is likely to require the disclosure of personal information unless the Board has consulted the Privacy Commissioner.
3: Any failure to comply with subsection (1) or (2) does not affect the validity of the standard, authoritative notice, amendment, or revocation.
4: This section does not limit section 16 17 1993 No 106 s 26
23: Disclosure required to comply with standards does not breach information privacy principles
1: The disclosure of personal information is not a breach of information privacy principle 10, 11, or 12 set out in section 22
2: Subsection (1) does not apply to standards issued or approved before the commencement of the Financial Reporting Amendment Act 2001 Section 23 replaced 1 December 2020 section 217 Privacy Act 2020
24: Public notice
Section 24 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
25: Status of standards and authoritative notices
The following are secondary legislation ( see Part 3
a: a standard:
b: an authoritative notice:
c: an amendment or revocation of a standard or authoritative notice. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in this section. Legislation Act 2019 requirements for secondary legislation referred to in this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • publish it on a website maintained by, or on behalf of, the Board • make it available for sale The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
26: Certificates of Board
A certificate purporting to be signed by any member of the Board as to any of the following is, in the absence of evidence to the contrary, sufficient evidence of the matters stated in the certificate:
a: the issuing of a standard, an authoritative notice, an amendment, or a revocation; or
b: the accounting period or interim accounting period in relation to which a standard or an authoritative notice—
i: commences to apply; or
ii: ceases to apply; or
iii: is in force. 1993 No 106 s 33 Miscellaneous matters relating to application
27: When standards and authoritative notices take effect
1: A standard, an authoritative notice, an amendment, or a revocation takes effect on the 28th day after the date of the publication of the standard, notice, amendment, or revocation under the Legislation Act 2019
2: However, a standard, an authoritative notice, or an amendment must, in respect of a particular reporting entity, be treated as taking effect on the publication of the standard, notice, or amendment under the Legislation Act 2019
a: the Board is satisfied that it is desirable to allow this subsection to apply, because bringing the standard, notice, or amendment into effect earlier than is provided for in subsection (1) is necessary or desirable in order for 1 or more entities, or relevant persons in respect of those entities, to comply with the financial reporting, climate-related,
b: the notice under section 24
c: the relevant persons elect in writing that this subsection should apply in respect of the standard, notice, or amendment.
3: In subsection (2), relevant persons
a: the directors of the reporting entity:
b: the Minister of Finance and the Secretary to the Treasury, in relation to financial statements for the Crown required to be prepared under the Public Finance Act 1989
c: in the case of a department, an office of Parliament, or a local authority, the chief executive:
d: in the case of a Crown entity, the chairperson and the chief executive or, if no chairperson exists, the chief executive. 1993 No 106 ss 28(1), (2) 29(3) 30(2) Section 27(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27(2)(a) amended 28 October 2021 section 41 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
28: Accounting period to which standards and authoritative notices apply
1: A standard, an authoritative notice, an amendment, or a revocation commences to apply in relation to the accounting periods or interim accounting periods that the Board specifies in the standard, notice, amendment, or revocation.
2: Those periods—
a: may be accounting periods or interim accounting periods that have commenced or that commence before the date on which the standard, authoritative notice, amendment, or revocation takes effect; but
b: must not be accounting periods or interim accounting periods that have ended or that end before the standard, authoritative notice, amendment, or revocation takes effect. 1993 No 106 ss 28(3) 29(4) 30(3) Tiers of financial reporting
29: Tiers of financial reporting for different classes of reporting entities
1: The purpose of sections 30 to 33
2: In sections 30 to 33 strategy
a: the strategy for establishing different tiers of financial reporting approved under section 34C section 31
b: a replacement of that strategy as approved under section 31 1993 No 106 s 34
30: Board must implement strategy for tiers of financial reporting
The Board must take reasonable steps to implement the strategy. 1993 No 106 s 34A(2)
31: Minister may approve variation or replacement of strategy
1: The Minister may, after receiving a proposal for the variation or replacement of the strategy prepared by the Board under section 32
2: The Minister may decline to approve the variation or replacement only if, in his or her opinion,—
a: the Board has not had sufficient regard to the matters specified in section 32(1)(a)
b: the Board has not adequately consulted on the proposal under section 33 1993 No 106 s 34C(1), (2)
32: Process for preparing proposals to vary or replace strategy
1: In preparing a proposal for the variation or replacement of the strategy, the Board must—
a: have regard to—
i: the purpose referred to in section 29
ii: the advantages and disadvantages of placing different classes of reporting entities within different tiers of financial reporting; and
iii: which FMC reporting entities are considered to have a higher level of public accountability under section 461K
b: ensure that the strategy, after the variation or replacement takes effect,—
i: specifies the qualifying criteria for each tier of financial reporting; and
ii: describes the financial reporting requirements that will apply for each tier of financial reporting; and
iii: includes any other prescribed matters.
2: The description under subsection (1)(b)(ii) may refer to—
a: a set of standards (for example, International Financial Reporting Standards and International Public Sector Accounting Standards):
b: specific standards:
c: accounting policies, principles, concepts, or methods (for example, the principles of accrual accounting):
d: any combination of the matters in paragraphs (a) to (c).
3: A proposal for the variation or replacement of the strategy must specify the Board's reasons (including why the variation or replacement is considered to be appropriate). 1993 No 106 s 34B(1)–(3)
33: Consultation on proposals
1: The Board must, in preparing a proposal for the variation or replacement of the strategy, take reasonable steps to consult the persons or representatives of persons who, in the opinion of the Board, would be substantially affected by the variation or replacement.
2: However, the Board is not required to comply with subsection (1) in respect of a variation to the strategy if, in its opinion, the variation corrects a minor error or is otherwise of a minor nature.
3: Any failure to comply with subsection (1) does not affect the validity of the variation or replacement. 1993 No 106 s 34B(4), (5)
3: Standard provisions relating to auditor qualifications and access to information
34: Purpose and application
1: The purpose of this subpart is to provide for the following standard provisions to apply for the purposes of various enactments:
a: provisions relating to who may be appointed or act as the auditor of an entity:
b: provisions relating to access to information by an auditor:
c: offences for an unqualified person to act as an auditor or to hold himself, herself, or itself out as being a qualified auditor.
2: This subpart applies to an entity (a specified entity section 35 or of its financial statements Section 34(1)(c) inserted 1 July 2015 section 6(1) Financial Reporting Amendment Act 2014 Section 34(2) amended 1 July 2015 section 6(2) Financial Reporting Amendment Act 2014 Auditor qualifications
35: Meaning of qualified auditor
A person is a qualified auditor section 36
36: Qualifications of auditor
1: A person is not qualified to be appointed or to act as the auditor of a specified entity (or of its financial statements)
a: the person is—
i: a chartered accountant (within the meaning of section 19
ii: recognised by the Institute, in accordance with the rules of that body, as being eligible to act as an auditor in respect of entities of the same kind as the specified entity; or
ab: the person is—
i: a member of an accredited body; and
ii: recognised by the accredited body, in accordance with the rules of that body, as being eligible to act as an auditor in respect of entities of the same kind as the specified entity; or
b: the person is a licensed auditor; or
c: the person is a natural person who is a member, a fellow, or an associate of an association of accountants constituted outside New Zealand and—
i: the association is, by notice in the Gazette Registrar in accordance with section 36A(1)
ia: the person is recognised by the association, in accordance with the rules of that association, as being eligible to act as an auditor in respect of entities of the same kind as the specified entity; and
ii: the person is eligible to act as an auditor in the country, State, or territory in which the association is constituted; or
d: the person, not being a person to whom paragraph (c) applies, is a natural person who is—
i: eligible to act as an auditor in a country, State, or territory outside New Zealand; and
ii: approved for the time being for the purposes of this section by the Registrar by notice in the Gazette section 36A(2)
e: the person is a company, or an overseas company, that is a registered audit firm; or
f: the person is a company that is recognised, in accordance with section 36C
g: the person is an overseas company that—
i: is recognised, in accordance with section 36C
ii: is incorporated or constituted in a country, State, or territory that is approved for the time being under section 36D
iii: has a legal structure that is approved for the time being under section 36D
2: However, if the specified entity is—
a: an FMC reporting entity or a person to whom section 55 unless he, she, or it is a licensed auditor or a body corporate that is a registered audit firm
b: a public entity under the Public Audit Act 2001
3: Subsection (2)(a) is subject to subsection (2)(b).
4: None of the following persons is qualified to be appointed or to act as the auditor of a specified entity (or of its financial statements)
a: a director or an employee of the specified entity:
b: a person who is a partner, or in the employment, of a director or an employee of the specified entity:
c: a liquidator or a person who is a receiver in respect of the property of the specified entity:
d: a body corporate (unless the body corporate is a registered audit firm or recognised as referred to in subsection (1)(f) or (g)):
e: a person who, by virtue of paragraph (a) or (b), may not be appointed or act as auditor of a related body corporate (within the meaning of section 12(2)
5: This section is subject to section 37
6: Section 36(1) amended 1 July 2015 section 7(1) Financial Reporting Amendment Act 2014 Section 36(1)(a) replaced 1 July 2015 section 7(2) Financial Reporting Amendment Act 2014 Section 36(1)(ab) inserted 1 July 2015 section 7(2) Financial Reporting Amendment Act 2014 Section 36(1)(c)(i) amended 1 July 2015 section 7(3) Financial Reporting Amendment Act 2014 Section 36(1)(c)(ia) inserted 1 July 2015 section 7(4) Financial Reporting Amendment Act 2014 Section 36(1)(d)(ii) amended 1 July 2015 section 7(5) Financial Reporting Amendment Act 2014 Section 36(1)(e) inserted 1 July 2015 section 7(6) Financial Reporting Amendment Act 2014 Section 36(1)(f) inserted 1 July 2015 section 7(6) Financial Reporting Amendment Act 2014 Section 36(1)(g) inserted 1 July 2015 section 7(6) Financial Reporting Amendment Act 2014 Section 36(2)(a) amended 1 July 2015 section 7(7) Financial Reporting Amendment Act 2014 Section 36(4) amended 1 July 2015 section 7(8) Financial Reporting Amendment Act 2014 Section 36(4)(d) replaced 1 July 2015 section 7(9) Financial Reporting Amendment Act 2014 Section 36(6) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
36A: Power of Registrar of Companies to approve associations and auditors
1: The Registrar may, after receiving an application from an association of accountants, approve the association under section 36(1)(c)(i)
2: The Registrar may, after receiving an application from a natural person, approve the person under section 36(1)(d)(ii)
a: satisfies the requirements that are prescribed for the purposes of this paragraph; and
b: satisfies the minimum standards that are prescribed for the purposes of this paragraph.
3: An application under subsection (1) or (2) must be accompanied by the prescribed fee.
4: The Registrar may, by written notice given to an association or other person,—
a: impose conditions on the approval of that association or person under section 36(1)(c)(i) or (d)(ii)
b: vary, revoke, add to, or substitute any such conditions at any time.
5: The Registrar may impose any conditions that the Registrar thinks fit (for example, conditions that impose limits or restrictions on the ability of an approved association to recognise its members or conditions that impose limits or restrictions on the types of audits that a person approved under section 36(1)(d) Section 36A inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36B: Approved associations and persons must report to Registrar
1: Every approved association and every person who is approved under section 36(1)(d)
2: If an approved association ( A section 36A(1)
a: must, as soon as practicable, give written notice of that non-compliance to the Registrar; and
b: must cease to give recognition under section 36(1)(c)(ia)
3: If a person who is approved under section 36(1)(d) B section 36A(2)
a: must, as soon as practicable, give written notice of that non-compliance to the Registrar; and
b: must not act as the auditor of a specified entity or of its financial statements.
4: If an approved association or a person who is approved under section 36(1)(d)
a: a date specified in a notice given by the Registrar to the association or person; or
b: the approval is cancelled under section 36I Section 36B inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36C: Institute, accredited bodies, and approved associations may recognise body corporate as eligible to act as auditor
1: The Institute, any other accredited body, or an approved association may recognise a company or an overseas company for the purposes of section 36(1)(f) or (g)
a: satisfies the requirements that are prescribed for the purposes of this paragraph; and
b: satisfies the minimum standards that are prescribed for the purposes of this paragraph; and
c: has at least 1 director who is—
i: a member of the Institute, accredited body, or approved association; and
ii: a qualified auditor under any of paragraphs (a) to (d) of section 36(1)
2: Recognition may relate to all specified entities or to 1 or more kinds of specified entities. Section 36C inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36D: Registrar of Companies may approve overseas countries and legal structures
1: The Registrar may, by notice in the Gazette section 36(1)(g)
a: a country, State, or territory; and
b: a specified legal structure of that country, State, or territory (for example, a company incorporated under the law of a particular overseas country).
2: The Registrar must, before approving a country, State, or territory and a legal structure, be satisfied that—
a: the law or the regulatory requirements of that country, State, or territory impose requirements relating to auditor independence that are equivalent to, or as satisfactory as, the requirements that apply to New Zealand auditors; and
b: entities that have that legal structure are eligible to act as an auditor in that country, State, or territory.
3: The Registrar may not approve as a legal structure any kind of overseas limited partnership (within the meaning of section 4 Section 36D inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36E: Institute, accredited bodies, and approved associations must keep recognition under review
1: The Institute, any other accredited body, or an approved association that recognises any person for the purposes of section 36(1)
2: The purpose of the review is to provide reasonable assurance that the requirements and minimum standards for recognition continue to be satisfied.
3: The systems must include an annual review of each person who is recognised (for example, by requiring the person to verify that the requirements and any minimum standards for recognition continue to be satisfied). Section 36E inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36F: Body corporate must ensure that engagement director is qualified auditor
1: If a body corporate ( A section 36(1)(e), (f), or (g) section 36(1)
2: In this section, engagement director Section 36F inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36G: Recognised body corporate must not act if requirements no longer met
If a body corporate ( A section 36(1)(f) or (g) section 36C
a: must not act as the auditor of a specified entity or of its financial statements; and
b: must, as soon as practicable, give written notice of that non-compliance to the Institute, the accredited body, or the approved association that recognised A. Section 36G inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36H: Offence relating to section 36F or 36G
1: If a body corporate ( A section 36F 36G
a: A commits an offence and is liable on conviction to a fine not exceeding $150,000; and
b: every director of A also commits an offence and is liable on conviction to a fine not exceeding $50,000.
2: It is a defence to a director charged with an offence in relation to the duty imposed under section 36F 36G
a: A took all reasonable and proper steps to ensure that the duty would be complied with; or
b: he or she took all reasonable steps to ensure that A complied with the duty; or
c: in the circumstances, he or she could not reasonably have been expected to take steps to ensure that A complied with the duty. Section 36H inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36I: Cancellation or suspension of recognition or approval
1: The Institute, any other accredited body, or an approved association may, in accordance with its rules, cancel or suspend its recognition of a person for the purposes of section 36(1)(a) or (ab) or (c)(ia)
2: The Institute or any other accredited body may cancel or suspend the recognition of a person for the purposes of section 36(1)(a) or (ab)
a: the person is or was subject to an arrangement referred to in section 36T
b: the Institute or body is satisfied that—
i: the person has failed to comply with that arrangement in any material respect; or
ii: the term of the arrangement has ended.
3: The Registrar may—
a: cancel or suspend his or her approval of an association for the purposes of section 36(1)(c) section 36A(1)
b: cancel or suspend his or her approval of a person for the purposes of section 36(1)(d) section 36A(2)(a) or (b)
c: cancel or suspend his or her approval of an association or a person for the purposes of section 36(1)(c) or (d) section 36A(4)
d: cancel his or her approval of an association or a person for the purposes of section 36(1)(c) or (d)
4: The Institute, any other accredited body, or an approved association may—
a: cancel or suspend its recognition of a person for the purposes of section 36(1)(f) or (g) section 36C(1)(a) or (b)
b: cancel its recognition of a person for the purposes of section 36(1)
5: A suspension under—
a: subsection (1), (2), or (4) is for the period that the Institute, accredited body, or approved association thinks fit or until the person satisfies any requirements specified by the Institute, body, or association:
b: subsection (3) is for the period that the Registrar thinks fit or until the association or person satisfies any requirements specified by the Registrar.
6: If a person that has been recognised for the purposes of section 36(1)(f) or (g) section 36C(1)(c)
7: If the Institute, an accredited body, an approved association, or the Registrar cancels the recognition or approval of a person ( A Section 36I inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36J: Effect of cancellation or suspension of accreditation or approval on recognition under section 36
1: If the accreditation of the Institute or of an accredited body ( A
a: cancelled under section 59 section 36(1)
b: suspended under section 59 section 36(1)
2: If the approval of an association ( A
a: cancelled by the Registrar, any recognition given by A and referred to in section 36(1)(c), (f), or (g)
b: suspended by the Registrar, any recognition given by A and referred to in section 36(1)(c), (f), or (g)
3: Subsection (1) or (2) does not apply if the person who is recognised by A is also recognised by another accredited body or approved association for the purposes of section 36(1) Section 36J inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36K: Registrar of Companies may authorise person to continue to act in respect of audit despite cancellation or suspension under section 36J
1: This section applies if—
a: a person's recognition is cancelled or suspended under section 36J
b: the person is acting, or has been appointed to act, as the auditor in respect of an audit at the time that the recognition is cancelled or suspended.
2: The Registrar may authorise the person to act, or to continue to act, as the auditor in respect of the audit on the terms and conditions that the Registrar thinks fit.
3: The person may act, or continue to act, as the auditor in respect of the audit in accordance with the terms and conditions of the authorisation (and, for the purposes of that audit, the person's recognition must be treated as continuing). Section 36K inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36L: Notification of recognised and approved persons
1: The Institute, any other accredited body, or an approved association must,—
a: as soon as practicable after recognising a person ( A section 36(1)
b: as soon as practicable after cancelling or suspending such recognition, give A written notice of the cancellation or suspension.
2: The Registrar must,—
a: as soon as practicable after approving a person ( B section 36(1)(c) or (d)
b: as soon as practicable after cancelling or suspending such approval, give B written notice of the cancellation or suspension.
3: Every notice of suspension given under subsection (1)(b) or (2)(b) must specify the period of suspension or the requirements that must be satisfied before the suspension ends. Section 36L inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36M: Records of recognised persons
1: The Institute, any other accredited body, or an approved association must—
a: keep a record of all persons that the Institute, accredited body, or approved association (as the case may be) has recognised for the purposes of section 36(1)
b: keep available a record of the persons recognised by it, at all reasonable times, on an Internet site maintained by or on behalf of the Institute, body, or association.
2: The purpose of subsection (1)(b) is to enable any person to determine whether a person is recognised for the purposes of section 36
3: For the purposes of subsection (1)(b),—
a: the record must include the following information about each recognised person:
i: the full name of the person:
ii: the town or city in which the person's principal place of business in New Zealand is located (unless subparagraph (iii) applies):
iii: in the case of recognition under section 36(1)(c)(ia)
iv: the conditions or limitations on the recognition (if any); and
b: the record must be reasonably prominent on the Internet site or the Internet site must contain a reasonably prominent link to the record.
4: A record under subsection (1) is required to include information relating to a suspension under section 36I(6)
5: A person that fails to comply with subsection (1) or (3) commits an offence and is liable on conviction to a fine not exceeding $50,000. Section 36M inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36N: Register of approved persons
1: The Registrar must keep a register of all persons that the Registrar has approved for the purposes of section 36(1)(c) or (d)
2: The purpose of the register is to enable any person to determine whether a person is approved for the purposes of section 36(1)
3: The register may—
a: be an electronic register; or
b: be kept in any other manner that the Registrar thinks fit.
4: The register must contain the following information about each approved person:
a: the full name of the person:
b: the town or city in which the person's principal place of business is located:
c: the conditions or limitations on the approval (if any):
d: any other prescribed information. Section 36N inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36O: Search of register
1: A person may search the register kept under section 36N
2: The register may be searched only by reference to the contents of the register required by section 36N
3: A search of the register may be carried out only by the following persons for the following purposes:
a: a person, for a purpose referred to in section 36N(2)
b: a person, for the purpose of advising another person in connection with any of the purposes referred to in this subsection:
c: an individual, or a person with the consent of the individual, for the purpose of searching for information about that individual. Section 36O inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36P: Appeals in respect of recognition or approval matters
1: A person may appeal to the District Court
a: to decline to recognise the person for the purposes of section 36(1)
b: to decline to approve the person for the purposes of section 36(1)(d)
c: to cancel or suspend that recognition or approval.
2: An association may appeal to the District Court
a: to decline to approve the association for the purposes of section 36(1)(c)(i)
b: to cancel or suspend that approval.
3: Subsection (1) does not apply to a decision if the rules of the Institute, the accredited body, or the approved association provide for an appeal against the decision to a body established to hear appeals against the decision (for example, the Appeals Council referred to in section 6(1)(h)
4: Subsection (1) does not apply to a decision under sections 36R to 36T
5: An appeal to the District Court
a: in accordance with the rules of court; and
b: within 20 working days after notice of the decision is communicated to the appellant, or within any further time a District Court Judge allows on application made before or after the period expires. Section 36P inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014 Section 36P(1) amended 1 March 2017 section 261 District Court Act 2016 Section 36P(2) amended 1 March 2017 section 261 District Court Act 2016 Section 36P(5) amended 1 March 2017 section 261 District Court Act 2016
36Q: False declarations and representations
1: Every person commits an offence who, for the purpose of obtaining or maintaining recognition or approval for the purposes of section 36(1)
a: either orally or in writing, makes any declaration or representation to the Institute, another accredited body, an approved association, or the Registrar that, to the person's knowledge, is false or misleading in any material particular; or
b: provides to the Institute, another accredited body, an approved association, or the Registrar any document knowing that the document—
i: contains any declaration or representation that is false or misleading in any material particular; or
ii: is not genuine; or
c: makes use of any document knowing that the document—
i: contains any declaration or representation that is false or misleading in any material particular; or
ii: is not genuine.
2: A person who commits an offence under subsection (1) is liable on conviction to,—
a: in the case of an individual, a fine not exceeding $50,000:
b: in the case of a body corporate, a fine not exceeding $150,000. Section 36Q inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36R: Exemption from membership requirement for certain members of religious societies or orders
1: Section 36(1)(a)(i) or (ab)(i) A
a: the relevant body is satisfied that A is a practising member of a religious society or order whose doctrines or beliefs preclude membership of any organisation or body other than the religious society or order of which A is a member; and
b: the relevant body has entered into a written arrangement with A that complies with section 36T
2: The exemption under subsection (1) ceases if—
a: the relevant body ceases to be satisfied as referred to in subsection (1)(a) and gives written notice of that fact to A; or
b: the arrangement is terminated or otherwise comes to an end (unless a subsequent arrangement that complies with section 36T
3: See section 36I(2)
4: In this section, relevant body
a: in relation to section 36(1)(a)(i)
b: in relation to section 36(1)(ab)(i) Section 36R inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36S: Institute or other accredited body may recognise as qualified statutory accountants certain members of religious societies or orders
1: Subsection (2) applies if—
a: the Institute or another accredited body is satisfied that a person ( A
b: the Institute or other accredited body has entered into a written arrangement with A that complies with section 36T
c: the Institute or other accredited body is satisfied that A—
i: has satisfactory competence, qualifications, and experience to act as a qualified statutory accountant; and
ii: is otherwise a fit and proper person to be a qualified statutory accountant.
2: The Institute or other accredited body may recognise A as a qualified statutory accountant by including a statement of that recognition in or with the arrangement under section 36T
3: The recognition under subsection (2) ceases if—
a: the Institute or other accredited body ceases to be satisfied as referred to in subsection (1)(a) and gives written notice of that fact to A; or
b: the arrangement is terminated or otherwise comes to an end (unless a subsequent arrangement that complies with section 36T Section 36S inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
36T: Requirements for arrangement
1: For the purposes of section 36R 36S
a: state that the arrangement is entered into for the purposes of this section; and
b: include a binding agreement by A to be subject to the following:
i: the rules relating to the investigation of complaints against a member or former member of the Institute or other accredited body:
ii: the rules relating to the hearing of complaints and other matters by a disciplinary body:
iii: the rules relating to appeals from decisions of a disciplinary body:
iv: the rules relating to the kinds of conduct for which a member or former member of the Institute or other accredited body may be disciplined:
v: the rules relating to the actions that may be taken in respect of, and the penalties that may be imposed on, a member or former member of the Institute or other accredited body for such conduct:
vi: in the case of section 36R section 36(1)(a)(ii) or (ab)(ii)
vii: the code of ethics that governs the professional conduct of the members of the Institute or other accredited body.
2: The arrangement may provide for any other matters that the Institute or other accredited body thinks fit, including matters—
a: relating to practice reviews:
b: relating to continuing professional development:
c: relating to reports and access to information:
d: to promote compliance with the requirements imposed by or under any enactment that relate to the conduct of audits or other accounting engagements:
e: to promote compliance with auditing and assurance standards and financial reporting standards:
f: to otherwise promote reasonable care, diligence, and skill in the carrying out of audits or other accounting engagements:
g: relating to the payment of fees:
h: relating to the term of the arrangement.
3: Without limiting the means of enforcing the arrangement, the arrangement is binding on A as if A were a member of the Institute or other accredited body.
4: In this section,— disciplinary body section 6(1) rules Section 36T inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014 Appointment of partnership Heading inserted 1 July 2015 section 8 Financial Reporting Amendment Act 2014
37: Appointment of partnership
1: A partnership may be appointed by the firm name to be the auditor of a specified entity if,—
a: in the case of a specified entity that is an FMC reporting entity or a person to whom section 55
b: in any other case, all or some of the partners are persons who are qualified to be appointed as auditors of the specified entity.
2: The appointment of a partnership by the firm name to be the auditor of a specified entity is deemed, despite section 36
a: in the case of a specified entity that is an FMC reporting entity or a person to whom section 55
b: in any other case, all the partners in the firm from time to time.
3: If a partnership that includes persons who are not qualified to be appointed as auditors of a specified entity is appointed as auditor of a specified entity, the persons who are not qualified to be appointed as auditors must not act as auditors of the specified entity. Auditor access to information
38: Specified entity must give auditor access to information
1: A specified entity must ensure that an auditor of the specified entity has access at all times to the accounting records and other documents of the specified entity.
2: If a specified entity fails to comply with subsection (1), every director commits an offence and is liable on conviction to a fine not exceeding $50,000.
3: It is a defence to a director charged with an offence in relation to the duty imposed under subsection (1) if the director proves that—
a: the specified entity took all reasonable and proper steps to ensure that the duty would be complied with; or
b: he or she took all reasonable steps to ensure that the specified entity complied with the duty; or
c: in the circumstances, he or she could not reasonably have been expected to take steps to ensure that the specified entity complied with the duty. 1993 No 105 s 206(1), (3)
39: Auditor may require information and explanations from director or employee
1: An auditor of a specified entity is entitled to require from a director or an employee of the specified entity the information and explanations that he or she thinks necessary for the performance of his or her duties as auditor.
2: A director or an employee who fails to comply with a requirement to provide information or an explanation under subsection (1) commits an offence and is liable on conviction to a fine not exceeding $50,000.
3: It is a defence to an employee charged with an offence against subsection (2) if he or she proves that—
a: he or she did not have the information required in his or her possession or under his or her control; or
b: by reason of the position occupied by him or her or the duties assigned to him or her, he or she was unable to give the explanations required. 1993 No 105 s 206(2), (4), (5) Offences concerning unqualified persons Heading inserted 1 July 2015 section 9 Financial Reporting Amendment Act 2014
39A: Offence for unqualified auditor to act
1: A person who acts as the auditor of a specified entity or of its financial statements commits an offence if the person is not a qualified auditor in respect of the entity.
2: A person who commits an offence under subsection (1) is liable on conviction to,—
a: in the case of an individual, a fine not exceeding $50,000:
b: in the case of a body corporate, a fine not exceeding $150,000. Section 39A inserted 1 July 2015 section 9 Financial Reporting Amendment Act 2014
39B: Offence to hold out as qualified auditor or as approved person
1: A person must not hold out that the person is—
a: recognised for the purposes of section 36(1)(a), (ab), (c)(ia), (f), or (g)
b: approved for the purposes of section 36(1)(c) or (d)
c: qualified to act as the auditor of a specified entity or of its financial statements if the person is not a qualified auditor in respect of the entity.
2: A person who fails to comply with subsection (1) commits an offence and is liable on conviction to,—
a: in the case of an individual, a fine not exceeding $50,000:
b: in the case of a body corporate, a fine not exceeding $150,000. Section 39B inserted 1 July 2015 section 9 Financial Reporting Amendment Act 2014
4: Standard provisions relating to balance dates
40: Purpose and application
1: The purpose of this subpart is to provide for the balance dates of entities for the purposes of various enactments.
2: This subpart applies to an entity (a specified entity section 41
41: Meaning of balance date
1: The balance date
a: 31 March; or
b: any other date that the directors of the entity adopt as the entity's balance date with the approval of the Commissioner of Inland Revenue.
2: However, if, immediately before the commencement of this section, a specified entity has a balance date (or a last day of a financial year) other than 31 March (whether under the Financial Reporting Act 1993
3: If a specified entity is affected by an Act that defines the balance date or the financial year of the entity, the balance date of the entity is that balance date or the last day of that financial year (for example, the balance date of a Crown entity under the definition of financial year in section 136(1)
42: Entity must have balance date in each calendar year
1: A specified entity must have a balance date in each calendar year.
2: However, a specified entity need not have a balance date in the calendar year in which it is formed or incorporated if its first balance date is in the following calendar year and is not later than 15 months after the date of its formation or incorporation.
3: If a specified entity changes its balance date, it need not have a balance date in a calendar year if—
a: the period between any 2 balance dates does not exceed 15 months; and
b: the Commissioner of Inland Revenue approves the change of balance date before it is made.
43: Approval of Commissioner of Inland Revenue and other provisions relating to change of balance date
1: The Commissioner of Inland Revenue may approve a balance date, or a change of balance date, with or without conditions.
2: If a specified entity changes its balance date, the period between any 2 balance dates must not exceed 15 months.
5: Meaning of large and specified not-for-profit entity
44: Purpose
The purpose of this subpart is to—
a: define the terms large and specified not-for-profit entity for the purposes of various enactments that refer to section 45 46
b: Section 44(b) repealed 28 October 2021 section 42 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
45: Meaning of large
1: For the purposes of an enactment that refers to this section, an entity (other than an overseas company or a subsidiary of an overseas company) is large
a: as at the balance date of each of the 2 preceding accounting periods, the total assets of the entity and its subsidiaries (if any) exceed $66 million
b: in each of the 2 preceding accounting periods, the total revenue of the entity and its subsidiaries (if any) exceeds $33 million Example
ABC Limited has an accounting period of 1 April 2014 to 31 March 2015. The balance dates of the 2 preceding periods are 31 March 2013 and 31 March 2014. As at 31 March 2013, ABC Limited and its subsidiaries had total assets of $50 million. As at 31 March 2014, those total assets were $55 million. During the period 1 April 2012 to 31 March 2013, ABC Limited and its subsidiaries had total revenue of $25 million. During the period 1 April 2013 to 31 March 2014, that total revenue was $35 million. Given that the $33 million ABC Limited is not a large company in relation to the accounting period of 1 April 2014 to 31 March 2015.
2: For the purposes of an enactment that refers to this section, an overseas company or a subsidiary of an overseas company is large
a: as at the balance date of each of the 2 preceding accounting periods, the total assets of the entity and its subsidiaries (if any) exceed $22 million
b: in each of the 2 preceding accounting periods, the total revenue of the entity and its subsidiaries (if any) exceeds $11 million
3: Despite subsections (1) and (2), an entity is not large in respect of an accounting period ( period A
a: the entity was an inactive entity in respect of period A; and
b: the entity, within 5 months after the end of period A, delivers to the Registrar a declaration, in the prescribed form, stating that it was an inactive entity in respect of period A.
4: In subsection (3), an entity is an inactive entity
a: during that period, the entity—
i: has not derived, or been deemed to have derived, any income; and
ii: has no expenses; and
iii: has not disposed of, or been deemed to have disposed of, any assets; and
b: at the end of that period, the entity has no subsidiaries or all of its subsidiaries are inactive entities in respect of that period.
5: In determining whether an entity is an inactive entity, no account may be taken of any—
a: statutory company filing fees or associated accounting or other costs; or
b: bank charges or other minimal administration costs totalling not more than $50 in the accounting period; or
c: interest earned on any bank account during the accounting period, to the extent that the total interest does not exceed the total of any charges or costs incurred by the entity to which paragraph (b) Section 45(1)(a) amended 1 January 2022 regulation 4(1) Financial Reporting (Inflation Adjustments) Regulations 2021 Section 45(1)(b) amended 1 January 2022 regulation 4(2) Financial Reporting (Inflation Adjustments) Regulations 2021 Section 45(1) example amended 1 January 2022 regulation 4(3) Financial Reporting (Inflation Adjustments) Regulations 2021 Section 45(2)(a) amended 1 January 2022 regulation 4(4) Financial Reporting (Inflation Adjustments) Regulations 2021 Section 45(2)(b) amended 1 January 2022 regulation 4(5) Financial Reporting (Inflation Adjustments) Regulations 2021 Section 45(3) replaced 1 July 2015 section 10 Financial Reporting Amendment Act 2014
46: Meaning of specified not-for-profit entity
For the purposes of an enactment that refers to this section, an entity is a specified not-for-profit entity $140,000 Section 46 amended 1 January 2022 regulation 5 Financial Reporting (Inflation Adjustments) Regulations 2021
47: Financial reporting standards must be complied with
A financial reporting standard (or a part of a standard) that is expressed as applying for the purposes of section 45(1)(a) or (b) or (2)(a) or (b) 46 section 46
6: Monetary amounts adjusted for inflation
Subpart 6 heading inserted 28 October 2021 section 43 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
48: Minister must regularly review amounts to take into account inflation
1: The Minister—
a: must review the monetary amounts specified in sections 45 46 , section 42D section 204(3) section 64(2) sections 461Q 461S
b: may, after conducting a review, make a recommendation for the purposes of section 49
2: The first review under this section must be completed on or before the date that is 8 years after the date on which this section comes into force.
3: Subsequent reviews under this section must be completed on or before the date that is 6
4: The Minister may, in making a recommendation, make any rounding adjustments that he or she thinks fit.
5: In this section, CPI means the Consumers Price Index (all groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index. Section 48(1)(a) amended 27 October 2022 section 44(1) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 48(1)(a) amended 1 July 2015 section 11 Financial Reporting Amendment Act 2014 Section 48(3) amended 28 October 2021 section 44(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 48(5) replaced 1 September 2022 section 107(1) Data and Statistics Act 2022
49: Order may amend amounts
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: amending the amount specified in section 45(1)(a)
b: amending the amount specified in section 45(1)(b)
c: amending the amounts in the example in section 45(1)
ca: amending the amounts specified in section 42D
d: amending the amount specified in section 45(2)(a)
e: amending the amount specified in section 45(2)(b)
f: amending the amount specified in section 46
g: amending the amounts specified in section 204(3)
h: amending the amount in section 64(2)
i: amending the amounts specified in sections 461Q 461S
j: amending the amounts in the example in section 461S
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 49(1)(ca) inserted 1 July 2015 section 12 Financial Reporting Amendment Act 2014 Section 49(1)(i) inserted 27 October 2022 section 45 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 49(1)(j) inserted 27 October 2022 section 45 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 49(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Miscellaneous provisions
1: Regulations and levies
50: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing matters for the purposes of section 32(1)(b)(iii)
ab: prescribing matters that must be taken into account under section 36A(1) or (2) 36C
ac: prescribing requirements for the purposes of section 36A(1) or (2)(a)
ad: prescribing requirements for the purposes of section 36C(1)(a)
i: ownership, including requirements relating to who may be a shareholder or member and who may exercise voting rights (for example, requiring all or a majority of voting rights to be held by members of the Institute, an accredited body, or an approved association):
ii: governance, including requirements relating to who may be a director or senior manager (for example, requiring all or a majority of directors to be members of the Institute, an accredited body, or an approved association):
iii: systems, policies, and procedures that relate to any of the following:
A: promoting compliance with the requirements imposed by or under any enactment that relates to the conduct of audits:
B: promoting compliance with auditing and assurance standards:
C: promoting reasonable care, diligence, and skill in the carrying out of audits:
iv: professional indemnity insurance:
ae: prescribing minimum standards for the purposes of section 36A(2)(b) 36C(1)(b)
af: prescribing fees payable in respect of applications under section 36A section 36B(1)
ag: prescribing matters relating to reports under section 36B
ah: prescribing procedures, requirements, and other matters, not inconsistent with this Act, for the register kept under section 36N
i: the operation of the register:
ii: the form of the register:
iii: the information to be contained in the register:
iv: access to the register:
v: search criteria for the register:
vi: circumstances in which amendments must be made to the register:
ai: prescribing a form for the purposes of section 45(3)
b: prescribing classes of persons for the purposes of section 55(1)(b)(ii) section 55(3)
c: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Any regulations made under subsection (1)(ad) relating to professional indemnity insurance may, without limitation,—
a: specify the terms and conditions upon which insurance is to be available and any circumstances in which the insurance cover may be excluded or modified:
b: specify the minimum terms and conditions that an insurance policy must satisfy:
c: specify circumstances in which a body corporate or any class of bodies corporate are exempt from the requirements:
d: require a body corporate to have arrangements in place that ensure that an accredited body or approved association can ascertain whether the insurance is being maintained in accordance with the regulations.
3: For the purposes of subsection (1)(af),—
a: regulations may authorise the Registrar to refund or waive, in whole or in part and on any conditions that may be prescribed, payment of the fee in relation to any person or class of persons:
b: the Registrar may refuse to perform a function or exercise a power until the prescribed fee is paid:
c: any fee payable under the regulations is recoverable by the Registrar in any court of competent jurisdiction as a debt due to the Registrar.
4: Different requirements, dates, methods, or other matters may be prescribed under the regulations in respect of different classes of persons or different circumstances.
5: Regulations under this section are secondary legislation ( see Part 3
6: If regulations under subsection (3)(a) authorise the Registrar to refund or waive payment of a fee,—
a: the instrument by which the waiver or refund is granted is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (5) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 50(1)(ab) inserted 1 July 2015 section 13(1) Financial Reporting Amendment Act 2014 Section 50(1)(ac) inserted 1 July 2015 section 13(1) Financial Reporting Amendment Act 2014 Section 50(1)(ad) inserted 1 July 2015 section 13(1) Financial Reporting Amendment Act 2014 Section 50(1)(ae) inserted 1 July 2015 section 13(1) Financial Reporting Amendment Act 2014 Section 50(1)(af) inserted 1 July 2015 section 13(1) Financial Reporting Amendment Act 2014 Section 50(1)(ag) inserted 1 July 2015 section 13(1) Financial Reporting Amendment Act 2014 Section 50(1)(ah) inserted 1 July 2015 section 13(1) Financial Reporting Amendment Act 2014 Section 50(1)(ai) inserted 1 July 2015 section 13(1) Financial Reporting Amendment Act 2014 Section 50(2) replaced 1 July 2015 section 13(2) Financial Reporting Amendment Act 2014 Section 50(3) inserted 1 July 2015 section 13(2) Financial Reporting Amendment Act 2014 Section 50(4) inserted 1 July 2015 section 13(2) Financial Reporting Amendment Act 2014 Section 50(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 50(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
51: Levies
1: Every person that is included in a prescribed class of specified persons must pay to the Crown, or to a prescribed person who acts on behalf of the Crown, a levy prescribed by regulations made under section 52
2: If a person is in 2 or more classes of specified persons in respect of which different levies have been prescribed, the person must pay each of those levies (unless the regulations provide otherwise).
3: In this subpart, specified persons
a: qualified statutory accountants; and
b: licensed auditors; and
c: registered audit firms; and
d: every person who applies for a licence or registration under the Auditor Regulation Act 2011
e: the Auditor-General; and
f: FMC reporting entities and other entities whose financial statements or group financial statements are required to be registered or lodged under any enactment; and
fa: climate reporting entities; and
g: every person who is a member, a fellow, or an associate of an association of accountants that is specified in the regulations and that is in the business of offering accounting or auditing services to the public in New Zealand, or who applies to become such a member, fellow, or associate; and
h: public entities (within the meaning of section 5(1)
i: every other person that is registered or incorporated, or who makes an application for registration or incorporation of a person, under any of the following Acts:
i: Building Societies Act 1965
ii: Companies Act 1993
iii: Co-operative Companies Act 1996
iv: Friendly Societies and Credit Unions Act 1982
v: Industrial and Provident Societies Act 1908
vi: Limited Partnerships Act 2008 1993 No 106 s 42C(1), (2), (7) Section 51(3)(a) replaced 1 July 2015 section 14 Financial Reporting Amendment Act 2014 Section 51(3)(fa) inserted 28 October 2021 section 46 Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021
52: Levy regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the levies referred to in section 51
2: The levies must be prescribed on the basis that the following costs should be met fully out of the levies:
a: a portion of the costs of the Board performing its functions and duties and exercising its powers under this Act, where the size of the portion to be met by levies under this Act is determined by the Minister; and
b: the costs of collecting the levy money.
3: The levies may be prescribed on the basis that any actual cost that could have been, but has not been, recovered as a levy shortfall for a year may be recovered (along with any financing charge) over any period of up to 5 years.
4: The regulations may—
a: specify the class or classes of specified persons that are required to pay a levy:
b: provide for different levies for different classes of specified persons:
c: specify the amount of levies, or method of calculating or ascertaining the amount of levies:
d: include in levies, or provide for the inclusion in levies of, any shortfall in recovering the actual costs of performing or exercising the Board's functions, duties, and powers under this Act or the Financial Reporting Act 1993
e: refund, or provide for refunds of, those levies:
f: provide for the payment and collection of those levies:
g: specify the financial year or part financial year to which those levies apply, and apply those levies to that financial year or part financial year and each subsequent financial year until revoked or replaced:
h: for the first financial year to which a levy applies, include in the levy amount or method costs incurred by the Board, on or after 1 July 2012, in connection with preparing itself to perform and exercise, and performing and exercising, its functions, duties, and powers under this Act, irrespective of the fact that the regulations are made and come into effect after that year:
i: require payment of a levy for a financial year or part financial year, irrespective of the fact that the regulations may be made after that financial year has commenced:
j: exempt or provide for exemptions from, and provide for waivers of, the whole or any part of the levy for any case or class of cases.
5: The levies for a financial year that starts after the Board begins to carry out any additional function under this Act may cover the costs of performing that additional function, irrespective of the fact that the regulations may be made and come into effect after the start of the financial year.
6: Regulations under this section are secondary legislation ( see Part 3
7: If regulations authorise a person to grant exemptions or waivers referred to in subsection (4)(j),—
a: an instrument granting an exemption or a waiver is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 1993 No 106 s 42C(3)–(6), (8) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (6) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 52(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 52(7) inserted 28 October 2021 regulation 54 Legislation Act (Amendments to Legislation) Regulations 2021
53: Payment of levies
1: The person to whom the levy is payable must ensure that each levy payment is paid into a Crown Bank Account and is separately accounted for.
2: The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the Crown. 1993 No 106 s 42C(9), (10)
1A: Unqualified person must not hold out as qualified statutory accountant
Subpart 1A inserted 1 July 2015 section 15 Financial Reporting Amendment Act 2014
53A: Offence to hold out as qualified statutory accountant
1: If any enactment requires a qualified statutory accountant to act in respect of a matter, a person must not hold out that the person is qualified to act in respect of the matter if the person is not a qualified statutory accountant.
2: A person who fails to comply with subsection (1) commits an offence and is liable on conviction to,—
a: in the case of an individual, a fine not exceeding $50,000:
b: in the case of a body corporate, a fine not exceeding $150,000. Section 53A inserted 1 July 2015 section 15 Financial Reporting Amendment Act 2014
2: Repeal and revocations
54: Repeal and revocations
1: The Financial Reporting Act 1993
2: The Financial Reporting (Fees and Forms) Regulations 2007
3: The Financial Reporting Order 1994 OIC LI 2014/52 2014-04-01 Financial Reporting Act 1993 Financial Reporting (Fees and Forms) Regulations 2007 Financial Reporting Order 1994 Can be brought into force earlier by OIC (see s 2). Brought into force on 1 April 2014 by LI 2014/52/2
3: Transitional provisions
55: Financial Reporting Act 1993 continues to apply to issuers
2019-04-02 Financial Reporting Act 2013 This section is repealed on the close of the date that is 5 years after the date on which this section comes into force (1 April 2014 by LI 2014/52). Section 55 repealed 1 April 2019
56: Former law for FMC reporting entities generally continues to apply to accounting periods that commence before commencement of section
1: This section applies to an entity if—
a: any of the relevant transitional provisions or section 55(1) current period
b: the entity becomes an FMC reporting entity at any time during the current period.
2: The relevant transitional provision or section 55(1) to (4) Part 7
3: However, if the entity is an FMC reporting entity during the current period under section 451(a), (f), or (k) clause 20(2A) Part 7 section 55(1) to (4)
4: In this section, relevant transitional provision sections 17(2) 44(2) 86(2) 87(2) 103(2) 108(2) 111(2) 117(2) Example
XYZ Credit Union has a financial year of 1 January to 31 December. It is an issuer under the Financial Reporting Act 1993. If this section comes into force on 1 April 2014, the 1 January 2014 to 31 December 2014 financial year is its current period under this section. In addition, XYZ Credit Union becomes an FMC reporting entity on 1 April 2014 under section 451(i) FMC Act Under the transitional provision section 87(2) section 55 Part 7 However, if XYZ Credit Union makes a regulated offer under the FMC Act on (say) 1 December 2014, it will also be an FMC reporting entity under section 451(a) Part 7
57: FMC reporting entity that is issuer or trustee of scheme that is not yet registered
1: This section applies if—
a: an entity is an FMC reporting entity and is required to prepare financial statements under Part 7 relevant period
b: the entity is an issuer or a trustee of a scheme referred to in section 9A(1) or (2)
c: the scheme is not a registered scheme within the meaning of section 6(1)
2: Section 461A
3: Subsection (2) ceases to apply on the effective date (as defined in clause 16
58: Financial reporting standards and auditing and assurance standards continue in effect
Every financial reporting standard or auditing and assurance standard approved or issued under the Financial Reporting Act 1993
a: continues in effect as a financial reporting standard or an auditing and assurance standard (as the case may be) as if issued under section 12
b: may be amended or revoked under section 12
59: External Reporting Board may exercise power before commencement
1: The External Reporting Board (as continued under section 22 subparts 1 2
2: Subsection (1) applies as if subparts 1 2
3: This section does not limit section 11
60: Definitions of large and specified not-for-profit entity may take into account accounting periods that commence before commencement of section
In subpart 5
61: Approvals for auditors continue in effect
An approval in effect, immediately before the commencement of this section, under section 199(1)(c) or (d)
a: continues in effect as if given under section 36(1)(c) or (d)
b: may be revoked by the Registrar of Companies by notice in the Gazette |
DLM5621800 | 2013 | Electoral Amendment Act 2013 | 1: Title
This Act is the Electoral 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 Electoral Act 1993 principal Act 2013-12-05 Electoral Act 1993
4: Section 127A amended (Deposit by party secretary)
1: In section 127A(1) lodge with pay to
2: Replace section 127A(2)
2: The deposit must be paid by—
a: direct credit to a bank account nominated by the Electoral Commission; or
b: bank cheque; or
c: bank draft.
5: Section 146F amended (Deposit payable in respect of bulk nomination schedule)
1: In section 146F(1) lodge with pay to
2: Replace section 146F(2)
2: The deposit must be paid in 1 lump sum by—
a: direct credit to a bank account nominated by the Electoral Commission; or
b: bank cheque; or
c: bank draft. |
DLM5199100 | 2013 | Appropriation (2013/14 Estimates) Act 2013 | 1: Title
This Act is the Appropriation (2013/14 Estimates) Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 8 Schedule 3 Schedule 3
2: The rest of this Act relates to the financial year ending with 30 June 2014.
4: Purpose
The purpose of this Act is to—
a: authorise the Crown and Offices of Parliament to incur expenses and capital expenditure during the financial year ending with 30 June 2014 by appropriating expenses and capital expenditure for that financial year; and
b: authorise the Crown to incur expenses for more than 1 financial year for certain specified matters by appropriating expenses for more than 1 financial year for those matters; and
c: specify appropriations to which output expenses may be charged against third-party revenue in accordance with section 21
d: set out the net assets for each department (other than an intelligence and security department) and Office of Parliament for the purposes of section 22
e: list appropriations that are subject to the reporting requirements of section 32A
5: Interpretation
1: In this Act, unless the context otherwise requires,— Estimates The Estimates of Appropriations for the Government of New Zealand for the year ending 30 June 2014 scope shown in the Estimates
a: for each multi-class output expense appropriation under section 6 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
b: for each appropriation under section 6 7 Titles and Scopes of Appropriations by Appropriation Type Details of Annual and Permanent Appropriations
c: for each appropriation under section 8 Type, Title, Scope and Period of Appropriations this year
2: In this Act, unless the context otherwise requires, benefit capital expenditure class of outputs Crown department expenses financial year intelligence and security department multi-class output expense appropriation Office of Parliament other expenses output expenses Vote section 2(1)
6: Appropriations for expenses and for capital expenditure to be incurred
1: A separate appropriation, in accordance with which the Crown or an Office of Parliament is authorised to incur expenses or capital expenditure, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 1
b: the categories of benefits or other unrequited expenses set out in column 3 of Schedule 1
c: the categories of other expenses set out in column 3 of Schedule 1
d: the categories of capital expenditure set out in column 3 of Schedule 1
2: Each appropriation provided by subsection (1) is limited to—
a: the amount specified in column 4 of Schedule 1
b: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
7: Appropriations administered by intelligence and security departments
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses and capital expenditure, is made for the expenses and capital expenditure to be incurred by each intelligence and security department set out in column 3 of Schedule 2
2: Each appropriation provided by subsection (1) is limited to—
a: the amount specified in column 4 of Schedule 2
b: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
8: Appropriations applying to more than 1 financial year
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses, is made for—
a: each of the categories of output expenses set out in column 3 of Schedule 3
b: each of the categories of other expenses set out in column 3 of Schedule 3
2: Each appropriation provided by subsection (1) is limited to—
a: the period specified in column 4 of Schedule 3
b: the amount specified in column 5 of Schedule 3
c: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
9: Expenses incurred pursuant to section 21 of Public Finance Act 1989
The appropriations to which output expenses may be charged under section 21 Schedule 4
10: Confirmation of net assets
For the purposes of section 22 sections 23 26E(1)(b) Schedule 5
a: column 3 shows the most recently projected amount of net assets at the start of this year; and
b: column 8 shows the projected movements in net assets during this year; and
c: column 9 shows the projected balance of net assets at the end of this year.
11: Appropriations subject to section 32A of Public Finance Act 1989
The appropriations listed in Schedule 6
a: are appropriations for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and
b: are subject to section 32A
12: Repeals
The Acts specified in Schedule 7 2013-08-13 Appropriation (2011/12 Financial Review) Act 2013 Appropriation (2012/13 Estimates) Act 2012 Appropriation (2012/13 Supplementary Estimates) Act 2013 |
DLM5300604 | 2013 | Child Support Amendment Act (No 2) 2013 | 1: Title
This Act is the Child Support Amendment Act (No 2) 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.
3: Principal Act
This Act amends the Child Support Act 1991 principal Act 2014-07-15 Child Support Act 1991 see section 2(1) This Act or parts of this Act can come into force earlier by OIC.
4: Appointment of barrister or solicitor to assist court or represent children
Section 226(6)
5: New sections 226B to 226E inserted
The following sections are inserted after section 226
226B: Costs of court-appointed barrister or solicitor
1: Despite section 226(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 226(1)(a), the court may, if it thinks it is appropriate, order a party to the proceedings to refund to the Crown an amount the court specifies in respect of those fees and expenses.
2: Despite section 226(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 226(1)(b), the court must make an order under section 226C
3: However, no order under section 226C
226C: Order requiring refund of payments in respect of barrister or solicitor representing child
1: An order referred to in section 226B(2)
2: Each party must pay an equal share of the prescribed proportion.
3: Despite subsection (1)
4: Despite subsection (2)
5: In this section,— dependent child, prescribed proportion section 131A serious hardship
226D: Enforcement of orders to refund fees and expenses of court-appointed barristers or solicitors
1: The amount that a party is ordered to refund under section 226B(1) 226C
2: Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable—
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.
226E: Time for payment of orders to refund fees and expenses of court-appointed barristers or solicitors may be extended
1: If an amount that a party is ordered to refund under section 226B(1) 226C
a: a greater time for payment:
b: payment to be made by instalments.
2: No arrangement under subsection (1) may permit an amount to remain unpaid for more than 5 years after the date on which the arrangement is entered into.
3: No action to enforce an amount that is the subject of an arrangement under this section may be taken as long as the arrangement continues in force and is duly observed.
4: If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.
6: Costs
Section 232
2: This section is subject to section 226B
7: Transitional provisions relating to reimbursement of costs of court-appointed counsel
1: Section 226(6) section 4 section 4
2: Sections 226B to 226D(1) section 5 section 5
3: Sections 226D(2) and (3) and 226E section 5 section 5 |
DLM3365202 | 2013 | Social Assistance (Living Alone Payments) Amendment Act 2013 | 1: Title
This Act is the Social Assistance (Living Alone Payments) Amendment Act 2013.
2: Commencement
This Act comes into force on the earlier of—
a: a date appointed by the Governor-General by Order in Council:
b: 2 September 2013.
1: Amendments to New Zealand Superannuation and Retirement Income Act 2001
3: Principal Act amended
This Part New Zealand Superannuation and Retirement Income Act 2001 2013-09-02 New Zealand Superannuation and Retirement Income Act 2001 This Act comes into force on the earlier of—a date appointed by the Governor-General by Order in Council: OR 2 September 2013. Amendments to principal Act
4: Interpretation of Part 1 and Schedule 1
Section 4(1) living alone section 4A single living alone rate single sharing accommodation rate .
5: New section 4A inserted
The following section is inserted after section 4
4A: Meaning of living alone
1: A single person ( person A living alone subsections (2) and (3)
2: The first condition is that person A occupies a principal place of residence of a kind described in subsection (6)
3: The second condition is that person A does not share that residence with any person 18 years old or older, except a person to whom subsection (4) or (5)
4: This subsection applies to person A's dependent child—
a: who—
i: is 18 years old (despite the definition of child in section 3(1) of the Social Security Act 1964); and
ii: is not financially independent; and
iii: is attending a school or a tertiary educational establishment; but
b: only until the close of 31 December in the year in which the child turns 18 years old.
5: This subsection applies to a temporary visitor to person A's residence who stays there less than 13 weeks in any period of 26 weeks.
6: The place of residence referred to in subsection (2)
a: a house or flat; or
b: a boat or craft moored within any of the following sea or waters, whether or not it is from time to time travelling within that sea or any of those waters:
i: the territorial sea of New Zealand or any internal waters of New Zealand; or
ii: any waters within New Zealand, being any lake, estuary, lagoon, river, stream, creek, or other waters; or
c: a hotel room, motel unit, a room in a boarding house, or a unit of accommodation in a caravan park.
7: In this section,— boarding house territorial sea of New Zealand internal waters
6: Heading above section 13 and sections 13 and 14 repealed
The heading above section 13 sections 13 14
7: Annual adjustment of New Zealand superannuation: relationship to net average wage
1: Section 16(1)(b) has been granted a living alone payment is living alone
2: Section 16(1)(c) has not been granted a living alone payment is not living alone
8: Living alone rate of payment for spouses or partners of persons in long-term residential care in hospital or rest home
1: The heading to section 18 Living alone rate of payment Single living alone rate
2: Section 18 appropriate rate stated in clause 1(a) of Schedule 1 if the person has been granted a living alone payment under section 13 single living alone rate if the person is living alone
9: Relationship with other benefit provisions
Section 29(2) living alone payment,
10: Effect on other benefits
1: Section 34(a) ; or
2: Section 34(b)
11: Schedule 1 amended
1: Clause 1(a) of Schedule 1 single person who has been granted a living alone payment under section 13 person at the single living alone rate
2: Clause 1(b) of Schedule 1 single person who has not been granted a living alone payment under section 13 person at the single sharing accommodation rate Transitional and savings provisions
12: Transitional provision for living alone payment
1: This section applies to a person who is receiving a living alone payment under section 13
2: On or after the commencement of this Act, the person is entitled to receive the single living alone rate of New Zealand superannuation specified in clause 1(a) of Schedule 1
13: Transitional provision for living alone payment on basis of Social Security Appeal Authority's decision
1: This section applies to a person who is receiving a living alone payment under section 13
2: On or after the commencement of this Act, the person is entitled to receive the single living alone rate of New Zealand superannuation specified in clause 1(a) of Schedule 1 section 13
3: This section overrides section 12
14: References to living alone payment
1: A reference to a living alone payment under the principal Act in any agreement, deed, instrument, application, notice, or other document must, unless the context otherwise requires, be read as a reference to either of the following, as the context requires:
a: the single living alone rate of New Zealand superannuation; or
b: the difference between the single living alone rate and single sharing accommodation rate of New Zealand superannuation.
2: In this section,— living alone section 4A single living alone rate Schedule 1 single sharing accommodation rate Schedule 1
15: Savings provision for person whose spouse or partner dies before commencement of this Act
1: This section applies if—
a: a person's spouse or partner dies before the commencement of this Act; and
b: the person does not apply for a living alone payment under the principal Act before that commencement; and
c: the department receives information about the death of the person's spouse or partner (whether the information is received before or after the commencement of this Act).
2: If the person applies for a living alone payment, the person's entitlement to receive the payment under the principal Act must be determined under that Act (as it read immediately before the commencement of this Act) and, despite sections 6 11(1) sections 13 14 Schedule 1
3: If the person is granted a living alone payment,—
a: the payment—
i: commences on—
A: the date on which it would have commenced under section 14
B: any earlier date determined under section 80AA
ii: continues until the commencement of this Act if, and so long as, there is no change in the person's circumstances affecting the person's entitlement to the living alone payment under section 13
b: on or after the commencement of this Act, the person is entitled to receive the single living alone rate of New Zealand superannuation specified in clause 1(a) of Schedule 1 section 13
4: If the person does not apply for a living alone payment, then on or after the commencement of this Act, the person is entitled to receive the single living alone rate of New Zealand superannuation specified in clause 1(a) of Schedule 1 section 4A Consequential amendments
16: Consequential amendments
1: The Acts listed in the Schedule
2: The amendments to the Income Tax Act 2007 Schedule 2013-09-02 Accident Compensation Act 2001 Income Tax Act 2007 Social Security Act 1964 This Act comes into force on the earlier of—a date appointed by the Governor-General by Order in Council: OR 2 September 2013.
2: Amendments to War Pensions Act 1954
17: Principal Act amended
This Part War Pensions Act 1954 2013-09-02 War Pensions Act 1954 This Act comes into force on the earlier of—a date appointed by the Governor-General by Order in Council: OR 2 September 2013. Amendments to principal Act
18: Interpretation
Section 67(1) living alone section 67A single living alone rate single sharing accommodation rate .
19: New section 67A inserted
The following section is inserted after section 67
67A: Meaning of living alone
1: A single person ( person A living alone subsections (2) and (3)
2: The first condition is that person A occupies a principal place of residence of a kind described in subsection (6)
3: The second condition is that person A does not share that residence with any person 18 years old or older, except a person to whom subsection (4) or (5)
4: This subsection applies to person A's dependent child—
a: who—
i: is 18 years old (despite the definition of child in section 3(1) of the Social Security Act 1964); and
ii: is not financially independent; and
iii: is attending a school or a tertiary educational establishment; but
b: only until the close of 31 December in the year in which the child turns 18 years old.
5: This subsection applies to a temporary visitor to person A's residence who stays there less than 13 weeks in any period of 26 weeks.
6: The place of residence referred to in subsection (2)
a: a house or flat; or
b: a boat or craft moored within any of the following sea or waters, whether or not it is from time to time travelling within that sea or any of those waters:
i: the territorial sea of New Zealand or any internal waters of New Zealand; or
ii: any waters within New Zealand, being any lake, estuary, lagoon, river, stream, creek, or other waters; or
c: a hotel room, motel unit, a room in a boarding house, or a unit of accommodation in a caravan park.
7: In this section,— boarding house territorial sea of New Zealand internal waters
20: Entitlement to veteran's pension for spouses or partners of persons in long-term residential care in hospital or rest home
1: Section 74BA(2)(a) has been granted a living alone payment under section 74U is living alone
2: Section 74BA(2)(b has not been granted a living alone payment under section 74U is not living alone
21: Annual adjustment of rates of veterans' pensions
1: Section 74C(3)(b) has been granted a living alone payment is living alone
2: Section 74C(3)(c) has not been granted a living alone payment is not living alone
22: Relationship with other benefit provisions
Section 74M(3) living alone payment,
23: Effect on other benefits
1: Section 74R(a) is amended by omitting ; or
2: Section 74R(b) is repealed.
24: Sections 74U and 74V repealed
Sections 74U and 74V
25: Schedule 11 amended
1: The heading to Schedule 11 ss 74, 74U s 74
2: Clause 1(a) of Schedule 11 single person who has been granted a living alone payment under section 74U person at the single living alone rate
3: Clause 1(b) of Schedule 11 single person who has not been granted a living alone payment under section 74U person at the single sharing accommodation rate Transitional and savings provisions
26: Transitional provision for living alone payment
1: This section applies to a person who is receiving a living alone payment under section 74U of the principal Act immediately before the commencement of this Act.
2: On or after the commencement of this Act, the person is entitled to receive the single living alone rate of the veteran's pension specified in clause 1(a) of Schedule 11
27: References to living alone payment
1: A reference to a living alone payment under the principal Act in any agreement, deed, instrument, application, notice, or other document must, unless the context otherwise requires, be read as a reference to either of the following, as the context requires:
a: the single living alone rate of a veteran's pension; or
b: the difference between the single living alone rate and single sharing accommodation rate of a veteran's pension.
2: In this section,— living alone section 67A single living alone rate Schedule 11 single sharing accommodation rate Schedule 11
28: Savings provision for person whose spouse or partner dies before commencement of this Act
1: This section applies if—
a: a person's spouse or partner dies before the commencement of this Act; and
b: the person does not apply for a living alone payment under the principal Act before that commencement; and
c: the department receives information about the death of the person's spouse or partner (whether the information is received before or after the commencement of this Act).
2: If the person applies for a living alone payment, the person's entitlement to receive the payment under the principal Act must be determined under that Act (as it read immediately before the commencement of this Act) and, despite sections 24 25(2) 74V Schedule 11
3: If the person is granted a living alone payment,—
a: the payment—
i: commences on—
A: the date on which it would have commenced under section 74V
B: any earlier date determined under section 80AA
ii: continues until the commencement of this Act if, and so long as, there is no change in the person's circumstances affecting the person's entitlement to the living alone payment under section 74U of the principal Act (as it read immediately before the commencement of this Act); and
b: on or after the commencement of this Act, the person is entitled to receive the single living alone rate of the veteran's pension specified in clause 1(a) of Schedule 11
4: If the person does not apply for a living alone payment, then on or after the commencement of this Act, the person is entitled to receive the single living alone rate of the veteran's pension specified in clause 1(a) of Schedule 11 section 67A |
DLM5627900 | 2013 | Tariff Amendment Act 2013 | 1: Title
This Act is the Tariff 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 Tariff Act 1988 principal Act 2013-12-05 Tariff Act 1988
4: Section 9C amended (Application of Legislation Act 2012)
In section 9C section 77(3) 1 July 2011 the date on which section 77(3) of the Legislation Act 2012 comes into force |
DLM5025800 | 2013 | Royal Succession Act 2013 | 1: Title
This Act is the Royal Succession Act 2013.
2: Commencement
1: Parts 1 2
2: One or more orders may be made appointing different times and days for different provisions.
3: Before the time and day appointed for a provision by an order under subsection (1) (in this Act called the changeover
4: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 26 March 2015 Royal Succession Act Commencement Order 2015 Section 2(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Formal and substantive provisions
Formal provisions
3: Purpose
The purpose of this Act is—
a: to implement in New Zealand law changes to the rules of Royal succession approved in principle at a meeting on 28 October 2011, coinciding with the Commonwealth Heads of Government Meeting in Perth, Australia, or agreed through later discussions among the Sovereign's Realms:
b: to provide for the succession to the Crown to be determined without regard to the sex of people born after 12 noon on 29 October 2011 (New Zealand daylight time):
c: to abolish the exclusions from the succession to and possession of the Crown of people who marry a person of the Roman Catholic faith:
d: to provide for the Royal Marriages Act 1772
e: to validate (for purposes other than succession to the Crown purposes) certain marriages solemnised without awareness of, and compliance with, the requirements of the Royal Marriages Act 1772
4: Act binds the Crown
This Act binds the Crown. Substantive provisions
5: Precedence of younger brothers over older sisters in relation to succession to the Crown abolished
1: In the determination of the succession to the Crown, no regard is to be had to the sex of any person born after 12 noon on 29 October 2011 (New Zealand daylight time).
2: The rule of law by which a younger brother or a descendant of his has, in relation to succession to the Crown, precedence over an older sister or a descendant of hers is abolished to the extent that it conflicts with subsection (1).
6: Exclusions from succession to and possession of the Crown of people who marry Roman Catholic abolished
No person is excluded from succeeding to or possessing the Crown by virtue only of marrying, after the changeover, a person of the Roman Catholic faith.
7: Restoration to succession to and possession of the Crown of certain people who have married Roman Catholic
No person alive immediately before the changeover is excluded from succeeding to or possessing the Crown by virtue only of having married, before the changeover, a person of the Roman Catholic faith.
8: Certain people excluded from succession to the Crown on marrying without consent of Sovereign
1: A person who, after the changeover, proposes to marry, and who immediately before marrying is one of the 6 people next in the line of succession to the Crown, must obtain before marrying the consent to the marriage concerned of the Sovereign in right of the United Kingdom of Great Britain and Northern Ireland.
2: The effect of a person's failure to comply with subsection (1) is that the person and the person's descendants from the marriage concerned are excluded from succeeding to the Crown.
9: Certain marriages of descendants of George II validated
1: The Royal Marriages Act 1772
a: at the time the marriage was solemnised, neither party was one of the 6 people next in the line of succession to the Crown; and
b: at the time the marriage was solemnised, the (or each) party descended from His late Majesty King George the Second was unaware, and it was reasonable in all the circumstances for that (or for each such) party not to be aware, that that Act applied to it; and
c: before the changeover, no person has acted on the basis that the marriage was void.
2: A party to the marriage is, for the purposes of this section, aware that that Act applied to it if consent under section 1 section 2
3: Subsection (2) does not limit subsection (1)(b).
2: Application in New Zealand of Imperial Acts
10: Application of Bill of Rights 1688
The Bill of Rights 1688 section 1
a: or by any King or Queene marrying a Papist
b: or shall marry a Papist
c: or marrying OIC LI 2015/54 2015-03-26 Bill of Rights 1688 Parts 1 & 2 come in force at 1 pm on 26 March 2015
11: Application of Act of Settlement 1700
The Act of Settlement 1700
a: deleting from the Preamble or marry a Papist or marrying
b: deleting from section 2 or shall marry a Papist OIC LI 2015/54 2015-03-26 Act of Settlement 1700 Parts 1 & 2 come in force at 1 pm on 26 March 2015
12: Application of Royal Marriages Act 1772
1: On the changeover, the Royal Marriages Act 1772
2: Sections 32 to 35 Royal Marriages Act 1772 OIC LI 2015/54 2015-03-26 Royal Marriages Act 1772 Talked to Michelle about this one. She said to put it down as OIC and if or when it does get OIC, we will find out what to do with it. (Doreen 19/12/2013) | Parts 1 & 2 come in force at 1 pm on 26 March 2015 (MF) Section 12(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
13: Imperial Laws Application Act 1988 amended
1: This section consequentially amends the Imperial Laws Application Act 1988
2: In Schedule 1
a: in the item relating to the Bill of Rights 1688, after (6 Geo 4, c 50) and section 10
b: in the item relating to the Act of Settlement 1700,—
i: after Preamble (as amended by section 11(a)
ii: after (10 Edw 7 and 1 Geo 5, c 29) (and section 11(b)
c: repeal the item relating to the Royal Marriages Act 1772 OIC LI 2015/54 2015-03-26 Imperial Laws Application Act 1988 Parts 1 & 2 come in force at 1 pm on 26 March 2015 |
DLM5627301 | 2013 | Sale and Supply of Alcohol Amendment Act 2013 | 1: Title
This Act is the Sale and Supply of Alcohol 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 Sale and Supply of Alcohol Act 2012 principal Act 2013-12-05 Sale and Supply of Alcohol Act 2012
4: Section 46 amended (No sale or supply outside permitted trading hours: all licences)
After section 46(2)
3: Subsection (1) does not apply where any alcohol previously placed in an area or unit (commonly known as a mini-bar) of a hotel room is, in that room, sold or supplied to—
a: a person (a guest
b: a person whom that guest permits, consistently with that agreement, to be in that room.
5: Section 350 amended (Monopoly provisions continue to apply)
1: After section 350(b)(i)
ia: for premises for which a licence to which subsection (4) applies is held; or .
2: In section 350
2: Every off-licence issued under subsection (1)(b)(ia) must be issued subject to a condition that alcohol must not be sold or delivered on or from the premises for which the licence is held unless it is alcohol of a kind that, immediately before the commencement of the Sale of Liquor Act 1989, could have been sold or delivered under a wine reseller's licence granted under the Sale of Liquor Act 1962.
3: A licence must, if renewed, be renewed subject to a condition that alcohol must not be sold or delivered on or from the premises for which the licence is held unless it is alcohol of a kind that, immediately before the commencement of the Sale of Liquor Act 1989, could have been sold or delivered under a wine reseller's licence granted under the Sale of Liquor Act 1962, if it is—
a: an off-licence issued under subsection (1)(b)(ia) of this section or section 216(b)(iii) of the Sale of Liquor Act 1989; or
b: a licence to which subsection (4) applies.
4: This subsection applies to a licence if—
a: it was granted as a wine reseller's licence under the Sale of Liquor Act 1962; or
b: it is an off-licence granted in substitution for a wine reseller's licence granted under the Sale of Liquor Act 1962.
6: Section 409 amended (Existing licences continue in force)
After section 409(2)
2A: The trading hours permitted for premises to which an off-licence endorsed to indicate that section 51 of the Sale of Liquor Act 1989 applies to it—
a: are the default maximum national trading hours stated by section 43 for an on-licence, in any case where, immediately before the commencement of this section, the same or longer trading hours were permitted for those premises; and
b: are the shorter trading hours permitted under the licence, in every other case.
2B: Subsection (2A) overrides subsection (2). |
DLM5189106 | 2013 | Misuse of Drugs Amendment Act 2013 | 1: Title
This Act is the Misuse of Drugs Amendment Act 2013.
2: Commencement
This Act comes into force on 1 July 2013.
3: Principal Act
This Act amends the Misuse of Drugs Act 1975 principal Act 2013-07-01 Misuse of Drugs Act 1975
4: Section 11 amended (Theft, etc, of controlled drugs)
1: In section 11(1)(c)
a: replace any crime any offence
b: replace a crime an offence
2: In section 11(3)
a: The definition of crime in section 2, and sections Sections
b: 1961, 1961 |
DLM4071702 | 2013 | Child Support Amendment Act 2013 | 1: Title
This Act is the Child Support Amendment Act 2013.
2: Commencement
1: Sections 6 31 32
2: Sections 18 19
3: Sections in Part 1
4: Sections 40(1) 41 42 44 45 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016
5: The rest of Part 2 Section 2(2) replaced 27 February 2014 section 151 Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 2(3) replaced 27 February 2014 section 151 Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 2(4) replaced 24 February 2016 section 57 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 2(5) inserted 24 February 2016 section 57 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016
3: Principal Act amended
This Act amends the Child Support Act 1991 2013-04-17 Child Support Act 1991 Sections 6, 31 & 32 2014-04-01 Child Support Act 1991 Sections 18, 19 & 19A 2015-04-01 Child Support Act 1991 Part 1 (except sections 6, 18, 19, 19A, 31, 32) 2016-02-25 Child Support Act 1991 Sections 40(1), 41, 42, 44, and 45 come into force on the day after the date on which the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 receives the Royal assent 2016-04-01 Child Support Act 1991 rest of Part 2
1: Formula assessment of child support
4: Long Title repealed
The Long Title is repealed.
5: Interpretation
1: Section 2(1) child support percentage eligible applicant eligible custodian income amount order last relevant tax year liable parent principal provider of ongoing daily care qualifying custodian relevant average weekly earnings amount shared custody child substantially equal sharing of ongoing daily care taxable income
2: Section 2(1) adjusted taxable income section 35 annual amount of child support annual rate of child support care cost percentage Schedule 2 section 14 care order or agreement
a: a parenting order made under section 48(1)
b: an overseas parenting order as defined in section 8
c: any agreement (not being an order referred to in paragraph (a) or (b))—
i: that the parents and carers of a child agree to treat as binding on them; and
ii: that identifies the proportion of care that each parent and carer of the child will provide to the child carer child expenditure amount section 30(2) child expenditure table section 36D child support group income amount order
a: child support income amount; or
b: amount of taxable income or adjusted taxable income; or
c: annual amount of child support income percentage section 33 last relevant tax year
a: in a case where a parent's taxable income for the most recent tax year was derived solely from withholding income, and has no adjustments of the sort referred to in section 35(1), the calendar year ending in that tax year:
b: in any other case, the tax year immediately preceding the most recent tax year liable parent
a: in relation to a parent subject to a formula assessment, a parent of a qualifying child who the Commissioner determines under section 17
b: in relation to any other parent, a parent who is liable to pay child support under section 58(1) 68(1) receiving carer section 17 tax year section YA 1 taxable income section YA 1 Section 5(1) amended 17 July 2013 section 166(1) Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 Section 5(1) amended 17 July 2013 section 166(2) Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 Section 5(2) income amount order inserted 17 July 2013 section 166(3) Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 Section 5(2) last relevant tax year inserted 17 July 2013 section 166(3) Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013
6: New section 3A inserted
The following section is inserted after section 3
3A: Transitional and savings provisions relating to amendments to this Act
Schedule 1 see section 276
7: Objects
1: Section 4
2: Section 4(d) according to their capacity to provide financial support according to their relative capacity to provide financial support and their relative levels of provision of care
3: Section 4
fa: to affirm the right of carers who provide significant care to children to receive financial support in respect of those children from a parent or parents of the children:
4: Section 4(g) caregivers carers
5: Section 4(h) between custodial and non-custodial parents between parents and, where applicable, carers
6: Section 4(j)
a: omitting custodians carers
b: omitting non-custodial liable
8: New section 4A inserted
The following section is inserted after section 4
4A: Overview of child support payable under formula assessment
1: A parent or non-parent carer of a qualifying child
2: The Commissioner will then determine the proportion of care that each carer of the child provides, and the income of each parent of the child, and, using that information, will identify the parent or parents who are liable to pay child support, and the carer or carers who are entitled to receive child support, in respect of the child.
3: A person will be a liable parent in respect of a child if his or her income percentage (which is a percentage of the combined child support income amounts of both the child's parents) is greater than the person's care cost percentage (which is a cost percentage directly related to the proportion of care that the parent provides to the child).
4: If annual child support is payable by a liable parent for a qualifying child, the amount is determined under Part 2. It is worked out by deducting the liable parent's care cost percentage from their income percentage, and then multiplying the result by the appropriate amount set out in the relevant child expenditure table (which identifies, amongst other things, the average annual expenditure on children in New Zealand, by reference to average weekly earnings).
5: This section is by way of explanation only. If it is inconsistent with any other provision of this Act, the other provision prevails. Section 8 amended 17 July 2013 section 167 Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 Amendments to Part 1 (liability to pay)
9: Children who qualify for child support
1: Section 5
a: is under the age of 18, or is aged 18 and enrolled at and attending a school; and
2: Section 5
2: In subsection (1)(a), school
a: a registered school (as defined in section 2(1) of the Education Act 1989); or
b: an overseas school.
3: A child who is enrolled at a registered school and attends it until the end of the school's academic year is deemed to be enrolled at and attending the school until 31 December in that year.
4: In relation to the child support year commencing on 1 April 2015 Section 9(2) amended 27 February 2014 section 152 Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014
10: New headings and sections 7B to 19 substituted
Sections 8 to 24 sections 8 11 14 18 21
7B: Assumptions about parents of child
1: The Commissioner is entitled to assume, for the purposes of a formula assessment, that a qualifying child has 2 parents, and that those parents are living apart.
2: However, if the Commissioner believes on reasonable grounds that either of those assumptions is incorrect, the Commissioner must apply the provisions of this Act, with any necessary modifications, to reflect the true position as determined by the Commissioner. Application for formula assessment
8: Who may apply for formula assessment
1: Any parent or carer of a qualifying child may apply to the Commissioner for a formula assessment of child support payable by a liable parent in respect of the child, if the applicant is not living with that parent
2: However, if a qualifying child is a child in respect of whom payments are being made under section 363 of the Children, Young Persons, and Their Families Act 1989, then, despite subsection (1), the only person who may apply for a formula assessment in relation to the child is either of the following:
a: the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989; or
b: a body or organisation approved under section 396 of that Act.
9: Social security beneficiaries must apply for formula assessment
1: This section applies to a person who is a carer of a qualifying child (other than a child to whom section 8(2)
a: is a social security beneficiary; and
b: provides, or considers that he or she provides, at least 35% of ongoing daily care to the child; and
c: is not a receiving carer in respect of the child (but see
2: A person to whom this section applies must apply for a formula assessment of child support in relation to every parent of the child.
3: An application for a formula assessment must be made at the same time as an application for social security benefit is made, and at any other time when the Commissioner notifies the beneficiary that an application for a formula assessment is required in relation to a qualifying child.
4: If a person who is or becomes a social security beneficiary receives child support pursuant to an order under Part 4 that relates to an overseas order (as referred to in section 67(b)),—
a: the person is deemed not to be a receiving carer for the purpose of this section; and
b: the person is deemed to have made, on the date on which he or she becomes a social security beneficiary, an election under section 70 that the order be one to which Part 4 does not apply; and
c: if the person ceases to be a social security beneficiary, or ceases to provide at least 35% of ongoing daily care to the child,—
i: any formula assessment applying at that time ceases to apply; and
ii: the election under section 70 is deemed to be revoked (despite section 70(4)) on the following day.
5: If the person is in receipt of an unsupported child's benefit in respect of 1 or more children, but is not in receipt of any other social security benefit, subsection (2) applies only in relation to the child or children in respect of whom the unsupported child's benefit is paid.
6: Any social security beneficiary who fails to comply with their obligations under this section is liable under section 70A of the Social Security Act 1964 to have their rate of benefit reduced.
7: In order to ensure the enforcement of section 70A of the Social Security Act 1964, the Commissioner may notify the chief executive of the department responsible for the administration of that Act if any social security beneficiary fails to comply with his or her obligations under this section, or if his or her application for a formula assessment is not properly completed.
10: Form of application
1: An application for formula assessment must be in an approved form and be accompanied by the documents (if any) specified in the form.
2: Every application must—
a: identify at least 1 qualifying child to whom the application relates; and
b: identify, in relation to each qualifying child, at least 1 person who provides at least 35% of ongoing daily care to the child; and
c: identify at least 1 person as a liable, or potentially liable, parent of each qualifying child identified; and
d: include the tax file number (as defined in section YA 1 of the Income Tax Act 2007) of each qualifying child (except to the extent that the application form permits otherwise).
3: The application, and every document accompanying it, must be verified as specified in the application form.
4: An application for a formula assessment is properly completed if—
a: it contains all the information required by the application form to be supplied; and
b: it is accompanied by all the documents required by the application form to accompany the application; and
c: the application and documents are verified as required by the application form.
11: Multiple applications in single form
1: If an application for a formula assessment is made on a single form in respect of 2 or more children, the form may be treated as if it contained separate applications for formula assessment of child support for each child.
2: Subsection (3) applies if—
a: an application is made on a single form for child support in respect of 1 child or 2 or more children; and
b: payment of child support is sought from both parents of the child or any of the children.
3: When this subsection applies, the form may be treated as if it contained separate applications for a formula assessment of child support in respect of the child or each of the children from a parent from whom payment of child support is sought.
12: Deemed application by beneficiary
1: This section applies if a social security beneficiary is entitled to child support payments under a voluntary agreement but child support payments then cease to be payable under the agreement because—
a: the agreement expires; or
b: the amount payable by the liable parent is less than the amount that would be payable by the liable parent under a formula assessment; or
c: an election under section 64 (to terminate liability under the voluntary agreement) takes effect.
2: If this section applies, on the day after the date on which the child support payments cease to be payable under the agreement, the Commissioner is deemed to have received from the beneficiary a properly completed application for a formula assessment for child support, as required by section 9
13: Notification by Commissioner of application
1: On receiving a properly completed application for a formula assessment in respect of 1 or more qualifying children, the Commissioner must notify the applicant, and every parent and carer identified in the application, that the Commissioner has received an application for a formula assessment and will therefore ascertain—
a: who the liable parent or parents, and who the receiving carer or carers, of the qualifying child are; and
b: the annual amount of child support payable by any liable parent in respect of each qualifying child identified in the application; and
c: the annual rate of child support payable by any liable parent in respect of all the liable parent's qualifying children; and
d: the amount payable in respect of each receiving carer; and
e: the date on which the liability of a liable parent to pay child support began or begins.
2: If, in order to ascertain the matters listed in subsection (1), the Commissioner needs further information from the applicant (such as the name of the other parent), the Commissioner may require the applicant to provide that information and need not take further action with respect to the application until the information is provided.
3: If the Commissioner has already ascertained some or all of the matters listed in subsection (1), the notice under this section may include that information. Determining care cost percentages
14: Commissioner to establish proportions of care
1: The Commissioner must establish, for each qualifying child to whom a properly completed application relates, the proportion of ongoing daily care that each parent and non-parent carer identified in the application, or in other information provided following a request under section 13(2)
2: If 2 or more people who live together each provide ongoing daily care to a child,—
a: only 1 of those people may be treated as a carer, and the care provided by the other persons must be treated as part of the care provided by the first person; and
b: if 1 of the people is a parent of the child, that person must be treated as the carer.
3: The parents of a qualifying child in respect of whom payments are being made under section 363 of the Children, Young Persons, and Their Families Act 1989 are deemed to provide no ongoing daily care to the child.
15: How Commissioner establishes proportions of care
1: For the purpose of section 14
2: If a care order or agreement specifies the proportion of nights that a child is to spend with a carer, that proportion of nights is taken to be the proportion of ongoing daily care provided to the child by that carer.
3: A parent or carer of a qualifying child may challenge the application of subsection (1) or (2) by providing evidence of—
a: why a care order or agreement should not be relied on; or
b: why the proportion of nights that a child spends with a carer should not be taken to be the proportion of ongoing daily care provided to that child by that carer.
4: If there is no care order or agreement relating to the child, or if the Commissioner is satisfied, on the basis of evidence provided, that a care order or agreement does not accurately reflect the proportion of ongoing daily care provided by a carer to a child, the Commissioner must establish the proportion of care provided by a carer primarily on the basis of the number of nights that the child spends with the carer.
5: If the Commissioner is satisfied, on the basis of evidence provided, that the number of nights spent with a carer is not a true reflection of the proportion of care actually provided by a carer to the child, the Commissioner must establish the proportion of care provided on the basis of the amount of time that the carer is the person responsible for the daily care of the child.
6: When establishing proportions of care, the Commissioner—
a: must use only whole percentage figures and, for that purpose, must round figures over 50% upwards to the next whole percentage figure, and figures under 50% downwards to the next whole percentage figure; and
b: must assume that every year has 365 days.
16: Determining care cost percentages
1: The Commissioner must determine the care cost percentage of each parent and carer of a qualifying child on the basis of the proportion of care that the Commissioner has established, under section 14
2: The care cost percentage that applies is the relevant percentage set out in, or determined in accordance with, column 2 of the table in Schedule 2 Liable parents and receiving carers
17: Determining who are liable parents and receiving carers
1: The Commissioner must determine the liable parents and receiving carers of each qualifying child, in accordance with this section.
2: A parent of a qualifying child is a liable parent of that child if the parent's income percentage (as determined under section 33 section 16
3: A parent of a qualifying child is a receiving carer of the child if the parent's income percentage is less than their care cost percentage for the child.
3A: Despite subsections (2) and (3), a parent whose income percentage is 100% and whose care cost percentage is also 100% is a receiving carer.
4: A non-parent carer of a qualifying child is a receiving carer of the child if the carer provides at least 35% of ongoing daily care to the child.
18: Effect of being liable parent or receiving carer
1: A person who the Commissioner determines is a liable parent of a child is liable to make payments of child support in respect of that child, unless the parent's liability is assessed as nil in accordance with section 31(1)
2: A person who the Commissioner determines is a receiving carer of a child is a person in relation to whom child support payments in respect of the child are payable, unless no child support is payable in accordance with section 36A(3) or 36C(4) Beginning of liability to pay child support under formula assessment
19: When liability to pay child support starts
1: The liability of a liable parent to pay child support under a formula assessment starts—
a: from the day on which the properly completed application for that formula assessment is received by the Commissioner; or
b: if a reassessment results in a person being identified as a liable parent, from the date specified in the reassessment as the effective date.
2: If a parent becomes liable to pay child support to a person in relation to a child under a formula assessment, any existing liability of that parent to pay child support to the person in relation to that child under any voluntary agreement is suspended between the commencement of liability to pay under the formula assessment and the end of that liability.
3: If the Commissioner receives an application for a formula assessment that names a person as a parent of a qualifying child ( person P
a: a court later declares person P to be the parent of the child, or person P is later declared to be a parent of the child by an order made by a court or a public authority in an overseas jurisdiction; and
b: the Commissioner determines under this Part that person P is a liable parent of the child. Section 10 amended 17 July 2013 section 168 Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013
11: New section 25 substituted
Section 25
25: When liability to pay child support ceases
1: A liable parent ceases to be liable to pay child support in respect of a qualifying child under a formula assessment on the day before the date on which the child—
a: ceases to be a qualifying child; or
b: is adopted; or
c: dies.
2: A liable parent ceases to be liable to pay child support under a formula assessment on the day the parent ceases to be a liable parent under section 17
a: becomes a person who is none of the following:
i: a New Zealand citizen:
ii: a person who is ordinarily resident in New Zealand:
iii: a person who is ordinarily resident in a country with which New Zealand has entered into a reciprocal agreement for the enforcement of child support; or
b: becomes a person from whom child support may not be sought in respect of the child by reason of section 6(2); or
c: dies.
3: A liable parent ceases to be liable to pay child support in respect of a particular receiving carer of a qualifying child under a formula assessment on the earliest of the following:
a: if the receiving carer dies, on the earlier of the following:
i: the 28th day after the date of death:
ii: the day before the date on which a properly completed application for formula assessment is received by the Commissioner from a carer in place of the carer who has died:
b: the day before the date on which the receiving carer ceases to provide at least 35% of ongoing daily care to the child:
c: the day before the date on which the receiving carer starts to live, or resumes living, with the liable parent of the child in a marriage, civil union, or de facto relationship:
d: in any case to which section 8(2)
e: the day specified in a notice of election, given under section 27, to end the liability of the liable parent to the carer (except that this paragraph does not apply in respect of any carer who is in receipt of a social security benefit):
f: in a case where a voluntary agreement made in relation to the child between the liable parent and the carer is accepted by the Commissioner, the day before the date on which that voluntary agreement first applies, in accordance with section 59. Amendments to Part 2 (assessment of amounts)
12: New headings and sections 29 to 36D substituted
Sections 29 to 36 section 32
29: Commissioner to assess child support payable under formula assessment
1: As soon as practicable after identifying a liable parent under Part 1, the Commissioner must—
a: assess the annual amount of child support payable by the liable parent in that child support year in respect of each of his or her qualifying children; and
b: assess the annual rate of child support payable by the liable parent in that child support year in respect of all of his or her qualifying children; and
c: where the application for a formula assessment was made in the previous child support year, make such assessments in relation to the previous child support year.
2: Before, or as soon as practicable after, the start of each later child support year in which child support continues, or appears likely to continue, to be payable in respect of any qualifying child of the parent, the Commissioner must make the assessments referred to in subsection (1)(a) and (b) in relation to that later child support year.
3: Every assessment must be done in accordance with this Part and Part 5.
30: Formula for assessing annual amount of child support
1: The formula for assessing the annual amount of child support payable under a formula assessment by a liable parent in a child support year in respect of a qualifying child is the parent's income percentage minus the parent's care cost percentage, multiplied by the child expenditure amount for the child. This formula can be expressed as— (i% − c%) × p where— i% is the liable parent's income percentage determined under section 33 c% is the liable parent's care cost percentage determined under section 16 p is the child expenditure amount for a qualifying child.
2: The child expenditure amount e ÷ n where— e is the amount, determined in accordance with the child expenditure table applying to that child support year, that applies to the parent in respect of the child on the basis of—
a: the combined child support income amounts of both parents of the child; and
b: the number of children in the child's child support group; and
c: the age group of those children n is the number of children in the same child support group as the child.
31: Annual amount of child support payable by liable parent
1: The annual amount of child support payable under a formula assessment by a liable parent in respect of a qualifying child is nil, and section 32
a: the liable parent provides more than 65% of ongoing daily care to the child; or
b: the liable parent provides at least 28% of ongoing daily care to the child and the liable parent's income percentage is equal to their care cost percentage; or
c: no receiving carer provides at least 35% of ongoing daily care to the child.
2: Where subsection (1) does not apply, the annual amount of child support payable under a formula assessment by a liable parent in a child support year in respect of a qualifying child is as follows:
a: the amount determined in accordance with the formula set out in section 30(1)
b: for a liable parent to whom section 36 section 36A
i: the amount determined in accordance with the formula set out in section 30(1)
ii: the amount determined under the multi-group cap (referred to in subsection (3)) applying to the child, but only if it is less than the amount referred to in subparagraph (i):
c: for a parent to whom section 36A section 36
i: the amount determined in accordance with the formula set out in section 30(1)
ii: if the multi-group cap applies, the amount determined under the multi-group cap applying to the child, but only if it is less than the amount referred to in subparagraph (i); or
iii: the amount payable in respect of a receiving carer under section 36A each of the amounts
3: The multi-group cap (100% − c%) × m where— c% is the parent's care cost percentage in relation to the child m is the multi-group cost of the child, as determined under section 36(4)
4: The purpose of the multi-group cap is to avoid liable parents paying more in child support than they would pay if all the children for whom they are liable to pay child support were living together.
32: Minimum annual rate of child support
If, after assessing the annual amount of child support payable by a liable parent in respect of each of his or her qualifying children, the Commissioner determines that the total amount payable by the parent is less than the minimum annual rate referred to in section 72(1)(a) sections 30 31(2)
a: assess the parent's annual rate of child support as the minimum annual rate referred to in section 72(1)(a)
b: determine the proportion of that minimum annual rate of child support that is payable in respect of each receiving carer, on the basis of the number of qualifying children of the liable parent that each carer provides care for. Determining income percentages
33: Income percentage
A parent's income percentage section 34
34: Child support income amount
1: A parent's child support income amount section 35
a: the person's living allowance (as determined under section 35A
b: the sum of any dependent child allowances to which the person is entitled under section 35B
c: any multi-group allowance that relates to the child and to which the person is entitled under section 36
2: If the result of the calculation in subsection (1) is zero or less, the parent's child support income amount must be treated as being nil.
3: If the adjusted taxable income of a parent of a qualifying child cannot reasonably be ascertained, or cannot be applied by the Commissioner, the parent's child support income amount is to be treated as being,—
a: if there is 1 parent whose adjusted taxable income is known, the same as that parent's child support income amount; and
b: if there is more than 1 parent whose adjusted taxable income is known, the average of those parents' child support income amounts.
35: Adjusted taxable income
1: A person's adjusted taxable income
a: income that is exempt income under section CW 32 of the Income Tax Act 2007 (child support and spousal maintenance):
b: income referred to in section MB 11 of the Income Tax Act 2007 (income derived by dependent children):
c: income referred to in section MB 12 of the Income Tax Act 2007 (non-residents' foreign-sourced income of the person's spouse or partner).
2: However, for the purposes of an assessment of child support for the child support year commencing 1 April 2015
3: A person's taxable income must be taken to be their income from employment for the calendar year immediately preceding the start of the child support year if , in the most recent tax year,
a: the person's taxable income
b: no adjustments of the sort referred to in subsection (1) are made.
4: If subsection (3) does not apply, a person's taxable income for a child support year must be taken to be their taxable income in the tax year immediately preceding the most recent tax year, inflated by the inflation percentage for the child support year.
5: The adjustments under subsection (1) that must be applied are those that applied in the tax year immediately preceding the most recent tax year.
6: If a person's taxable income for a tax year has not been assessed, the Commissioner must determine the person's taxable income,—
a: if an income statement has been issued, on that basis; and
b: in any other case, on the basis of the income and any other particulars known to the Commissioner.
7: Subsections (3) to (6) are subject to sections 38 to 39A.
35A: Living allowance
1: A parent's living allowance
a: increased by the total amount of income tax deductions that would be required to make the rate a gross, rather than a net, rate (as determined in accordance with section RD 11(3) of the Income Tax Act 2007); and
b: annualised.
2: The amount of living allowance is as follows:
a: for every person other than a person identified in paragraph (b) or (c), the amount specified in Schedule 16 of the Social Security Act 1964 as the amount of domestic purposes benefit payable to a beneficiary with 1 or more dependent children:
b: for a person who has been granted a domestic purposes benefit at the rate payable to a single beneficiary with 1 or more dependent children, under section 27G of the Social Security Act 1964 (domestic purposes benefit for care at home of the sick or infirm), the amount specified in Schedule 17 of that Act for that benefit type:
c: for a person who has been granted an invalid's benefit at the rate payable to a single beneficiary with 1 or more dependent children, under section 40 of the Social Security Act 1964, the amount specified in Schedule 6 of that Act for that benefit type.
3: The version of the appropriate schedule of the Social Security Act 1964 that applies in a child support year is the version in force on 1 January in the immediately preceding child support year.
4: The Commissioner must ensure that notice of the applicable living allowances under this section that apply to the current and (if applicable) the previous child support year is available at all reasonable times on an Internet site maintained by or on behalf of the Inland Revenue Department.
35B: Dependent child allowance
1: For the purpose of calculating a parent's child support income amount under section 34
2: The amount of a parent's dependent child allowance, in relation to each dependent child, is— c% × (e ÷ n) where— c% is the care cost percentage of the parent in relation to the dependent child (being the percentage that would be determined under section 16 e is the amount, determined in accordance with the child expenditure table applying to that child support year, that applies to the parent in respect of the dependent child on the basis of—
a: the child support income amount of the parent alone, with that amount being treated as the adjusted taxable income of the parent, minus the parent's living allowance; and
b: the total number of the parent's dependent children; and
c: the age group of those children n is the total number of the parent's dependent children.
3: In this section, a person's dependent child
a: is maintained as a member of the parent's family and for whom the parent provides at least 28% of the ongoing daily care; and
b: is not a child in relation to whom any person is a liable parent or receiving carer, or for whom, under the law of another country, any person is required to make payments that are of the same nature as child support; and
c: meets the requirements of section 5(1)(a) to (c)
36: Multi-group allowance
1: This section applies to a parent who has more than 1 child support group.
2: For the purpose of calculating a parent's child support income amount in relation to a particular child ( child C
3: The multi-group allowance in relation to child C is the sum of the multi-group costs of each child ( child D
4: The multi-group cost of child D is— e ÷ n where— e is the amount, determined in accordance with the child expenditure table applying to the relevant child support year, that applies to the parent in respect of child D—
a: on the basis of the child support income amount of that parent alone, with that amount being treated as the adjusted taxable income of the parent, minus the parent's living allowance and the sum of any dependent child allowances to which the parent is entitled; and
b: as if—
i: child D were one of n children; and
ii: all those children were the same age as child D n is the total number of children of the parent in all the parent's child support groups. Amounts payable in respect of receiving carers
36A: Where parent is sole receiving carer
1: This section applies where, in respect of a qualifying child, there is only 1 receiving carer, and that carer ( person P
2: When this section applies, the amount of child support payable in respect of person P is—
a: the amount of annual child support that person P would pay if the difference between person P's income percentage and care cost percentage (which, under the formula in section 30
b: if the multi-group cap applies, the amount payable under the multi-group cap, but only if it is less than the amount payable under paragraph (a).
3: However, no child support is payable under subsection (2) in respect of a receiving carer of a qualifying child if the receiving carer provides less than 35% of ongoing daily care to the child.
36B: Where no receiving carers are parents
1: This section applies if, in respect of a qualifying child, there are 1 or 2 receiving carers, and neither of them is a parent of the child.
2: If the liable parent is liable to pay child support in respect of just 1 non-parent receiving carer, the amount of child support payable in respect of that carer is the annual amount of child support payable by the liable parent for the child.
3: If the liable parent is liable to pay child support in respect of 2 non-parent receiving carers, the amount of child support payable in respect of each carer is— f × c% ÷ g% where— f is the annual amount of child support payable by the liable parent for the child c% is the care cost percentage of the receiving carer in relation to the child g% is the combined care cost percentages of both the receiving carers of the child, in relation to the child.
36C: Where 1 receiving carer is parent and other is non-parent
1: This section applies if, in respect of a qualifying child, there are 2 receiving carers, where 1 of them is a parent of the child and the other is a non-parent carer of the child.
2: The amount of child support payable in respect of the receiving parent ( person P
a: the amount of annual child support that person P would pay if the difference between person P's income percentage and care cost percentage (which, under the formula in section 30
b: if the multi-group cap applies, the amount determined by multiplying—
i: the amount payable in respect of the qualifying child, as determined by the liable parent's multi-group cap; by
ii: the difference between person P's income percentage and care cost percentage, as if it were a positive percentage.
3: The amount of child support payable in respect of the non-parent receiving carer is the annual amount of child support payable by the liable parent for the child, minus the amount payable under subsection (2) to person P.
4: However, no child support is payable under subsection (2) in respect of a receiving carer who is a parent of a qualifying child if the parent provides less than 35% of ongoing daily care to the child. Expenditure on children
36D: Child expenditure tables
1: Before the start of a child support year, the Commissioner must approve a child expenditure table for that child support year, based on the expenditure on children table in Schedule 3
a: the amount of the average weekly earnings that applies; and
b: the amount of child support income that is taken to be expended on children, with that amount corresponding to the percentages set out in the expenditure on children table within each income band in the table.
2: The Commissioner must ensure that the child expenditure table for the current and (if applicable) the previous child support year is available—
a: on request to the Inland Revenue Department, in hard copy; and
b: at all reasonable times, on an Internet site maintained by or on behalf of the Inland Revenue Department.
3: Whenever an income amount is used in relation to the child expenditure table, the income amount must be truncated to whole dollars. Section 12 amended 27 February 2014 section 153 Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 12 amended 17 July 2013 section 169 Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013
13: New heading and sections 40AA to 45 substituted
Sections 40 to 45 section 40 Estimate of taxable income
40AA: Interpretation for purposes of sections 40 to 45
In sections 40 to 45 annualised estimated taxable income (a ÷ b) × 365 where— a is the person’s estimated taxable income for the election period b is the number of days in the election period election section 40 election period
a: if notice of the election is given under section 40
b: if notice of the election is given during the child support year, the period in the child support year that starts on the first day of the month in which the notice is given under section 40 estimated taxable income section 40 original adjusted taxable income original taxable income year-to-date income section 40
40: Estimated taxable income
1: Any person may, by notice to the Commissioner, elect that the taxable income to be used to assess their adjusted taxable income for an election period must be the estimated taxable income specified in the notice of election.
2: The Commissioner, subject to subsections (4) and (6), must accept an election if the sum of the person's year-to-date income (if any) and the person's estimated taxable income is 85% or less than the person's original taxable income.
3: A notice of election must,—
a: if notice of the election is given before the start of the child support year to which it relates, state the person's estimated taxable income for the full child support year; or
b: if notice of the election is given during the child support year to which it relates, state—
i: the person's year-to-date income; and
ii: the person's estimated taxable income for the election period.
4: The Commissioner may not accept an election if—
a: an income amount order is in force in relation to the person, and to any months in the child support year in respect of which the election is to apply; or
b: the person is subject to an order of the court under section 187; or
c: the person has made an election within the previous 3 months, and the proposed new election would change the person’s annualised estimated taxable income by $500 or less; or
d: the person made an election in relation to an earlier child support year and was required to provide a return of income under the Income Tax Act 2007 or the Tax Administration Act 1994 in relation to that year, but, at the time the notice is given under this section, the person is in breach of the requirement to furnish a return of income in respect of that year; or
e: the person's annualised estimated taxable income is more than their original taxable income.
5: A notice under this section may be given in any form acceptable to the Commissioner, and is to be treated by the Commissioner as having been given in the month in which it was sent or provided by the person making the election, even if it is received by the Commissioner in the following month.
6: The Commissioner may decline to accept an election if the person making the election does not, on request by the Commissioner, provide the information and evidence that the Commissioner requires in order to support the making of the estimate.
41: Effect of election
1: If the Commissioner accepts an election made by a person, the Commissioner must determine the person's adjusted taxable income by—
a: calculating the person’s annualised estimated taxable income; and
b: adjusting the annualised estimated taxable income by the adjustments referred to in section 35
2: The Commissioner must then adjust any formula assessment applying to the person during the election period and take whatever steps are necessary to ensure that the amount of child support payable per day during the election period reflects the adjusted assessment.
3: The making of an election does not prevent the Commissioner making a determination under Part 5A, 6A, or 6B, or the court making an order under Part 7.
42: Revocation of election and subsequent elections
1: A person who has made an election in relation to a child support year may revoke the election, before or during the child support year, by giving notice to the Commissioner; and the revocation takes effect from the start of the election period to which any election applied.
2: If an election is in effect but the person then makes a later election,—
a: if the Commissioner accepts the later election,—
i: the later election takes effect from the start of the month in which the notice of election is given, and section 41
ii: the earlier election ceases to have effect on the last day of the previous month:
b: if the Commissioner does not accept the later election because the amount of year-to-date taxable income plus the new estimated taxable income is more than 85% of the person's original taxable income, then the earlier estimate is deemed to be revoked:
c: if the Commissioner does not accept the election for any other reason, the earlier estimate remains in effect.
3: A revocation is of no effect to the extent that it is inconsistent with an income amount order.
43: Effect of revocation of election
1: When an election is revoked, or deemed to be revoked, the Commissioner must—
a: adjust any formula assessment applying to the person on the basis of the person's original adjusted taxable income; and
b: take whatever steps are necessary to ensure that the amount of child support payable per day, during the election period to which the revoked election relates, reflects that adjusted assessment.
2: The revocation of an election does not prevent the Commissioner making a determination under Part 5A, 6A, or 6B, or the court making an order under Part 7, or a person making a further election.
44: End-of-year reconciliation
1: For the purpose of determining whether a person has, or has been, underpaid or overpaid child support in an election period, after the end of the child support year to which an election relates, the Commissioner must complete an assessment for the person based on the income amount determined under subsection (2).
2: The income amount to be used for the assessment is the least of the following:
a: the person's actual taxable income earned in the election period (which is the actual taxable income earned in the full year less the year-to-date income specified in a notice of election), annualised in accordance with the formula in subsection (3) (which gives the annualised actual taxable income in the election period section 41(1)(b)
b: the person's original adjusted taxable income:
c: the value of any adjustments made under section 41(1)(b)
3: The formula for annualising a person's actual taxable income in an election period is— (a ÷ b) × 365 where— a is the actual taxable income earned during the election period b is the number of days in the election period.
4: After comparing the result of the assessment done under subsection (1) with the results obtained under section 41
5: A reconciliation under this section is subject to any income amount order that applies during all or any part of an election period.
44A: Determining income amount if no tax return filed
1: This section applies if the Commissioner cannot determine the person's actual taxable income during a child support year because the person, having been required to provide a return of income in respect of the tax year that corresponds to the child support year, has failed to provide it within 28 days of the requirement to provide it.
2: Where this section applies, the Commissioner must determine that the amount to be used for the purpose of the assessment under section 44(2)
3: A determination under subsection (2) is final unless, within 28 days after the person receives notification from the Commissioner of the determination, the person—
a: makes an objection under section 90; or
b: provides a return of income in respect of the relevant tax year to the Commissioner.
4: In subsection (2), reasonable cause
45: Penalty if estimated income less than 80% of actual income
1: A person is liable to a penalty under this section if their year-to-date income (if any) specified in the notice of election plus the estimated taxable income for the election period is less than 80% of—
a: their actual taxable income for the child support year; or
b: the amount determined under section 44A(2)
2: The penalty is 10% of the difference between—
a: the annual amount of child support that was assessed under section 41
b: the reconciled annual amount of child support payable in the election period, as determined under section 44
3: However, no penalty is payable by a receiving parent if the amount that the liable parent pays has been determined under the multi-group cap referred to in section 31(3)
4: The Commissioner must write off a penalty to which a person is liable under this section, or any part of the penalty, if the Commissioner is satisfied that the person, in relation to an election period in a child support year, has become liable to pay a penalty under this section as the result of the taxable income derived by the person in the child support year being higher than it would otherwise have been by reason of—
a: the enactment of any Act amending the Income Tax Act 2007, or the making of any regulation or Order in Council relating to income tax, during the period commencing on the first day of the last month in that child support year and ending with the due date for payments in respect of that month; or
b: the Commissioner making public, during that period, any ruling in relation to any provision of the Income Tax Act 2007, and that ruling is different from a ruling previously made public by the Commissioner in relation to that provision; or
c: the adoption by the person of an incorrect interpretation of any provision of this Act or of the Income Tax Act 2007, being an interpretation which, although incorrect, is reasonable having regard to the circumstances of the case.
5: Subject to the other provisions of this Part, the other Parts of this Act apply with respect to any penalty payable under this section as if it were a penalty payable under section 134 Amendments to Part 5 (procedures)
14: Minimum rate of child support or domestic maintenance
1: Section 72(1) is amended by repealing paragraph (a) and substituting the following paragraph:
a: child support payable under a formula assessment by a liable parent in respect of all of his or her children is,—
i: for the child support year commencing on 1 April 2013
ii: for each later child support year, the minimum annual rate of child support under this paragraph for the immediately preceding child support year, adjusted by the applicable inflation percentage:
2: Section 72(1)(b) qualifying custodian receiving carer
15: New section 82 substituted
Section 82
82: Parents and receiving carers to advise Commissioner of changes
1: For the purpose of enabling the Commissioner to make or amend a calculation of child support payable in respect of a child in any child support year under a formula assessment, every parent and every receiving carer of the child must advise the Commissioner of any change in the parent's or carer's living circumstances occurring during the child support year that affects, or may affect, any of the following:
a: in relation to parents and non-parent carers, the determination of the person's care cost percentage:
b: in relation only to parents, the following:
i: the person's appropriate living allowance:
ii: the application or calculation of any dependent child allowance (if any):
iii: the application or calculation of any person's multi-group allowance (if any):
iv: the application or calculation of any person's multi-group cap (if applicable).
2: If the Commissioner is satisfied that a relevant change of living circumstances has occurred, the change is to be treated as having occurred—
a: on the date on which the change occurred, in any of the following cases:
i: in relation to a liable parent, where the change has the effect of increasing the amount of the parent's child support liability:
ii: in relation to a receiving carer, where the change has the effect of decreasing the amount of child support payable in respect of that carer:
iii: where notice of the change is received by the Commissioner within 28 days after the date on which the change occurred; or
b: on the date on which the Commissioner receives notice of the change, in either of the following cases (unless paragraph (a)(iii) applies):
i: in relation to a liable parent, where the change has the effect of decreasing the amount of the parent's child support liability:
ii: in relation to a receiving carer, where the change has the effect of increasing the amount of child support payable in respect of that carer.
3: Every notification of a change must be accompanied by such documentation as the Commissioner requires.
4: The Commissioner may disregard subsection (2), and may determine the date on which a particular change in living circumstances is to be treated as having occurred, in any case where 2 or more people give notice under this section relating to the same change, and the application of subsection (2) would result in the same change having to be treated as having occurred on different days in relation to different people.
16: Commissioner to give effect to changed circumstances
Section 86(1)
a: that the liability of a liable parent to pay child support to a carer in respect of the child has ceased in accordance with section 25
b: that an event or change of circumstances has occurred that alters the respective liability or entitlement of any parent or carer of the qualifying child,—
17: New sections 88 to 89 substituted
Sections 88 and 89
88: Notice of assessment of formula assessment of child support
1: The Commissioner must give written notice (a notice of assessment
a: as soon as practicable after making an assessment under section 29
b: after making any assessment that changes—
i: the amount of child support payable by a liable parent in respect of the child; or
ii: the respective amounts payable in respect of different receiving carers; and
c: at the beginning of each later child support year.
2: The notice of assessment must set out, as a minimum, the relevant matters identified in section 88A
3: Without limiting subsection (2), the notice of assessment must contain sufficient information to enable the recipient to exercise his or her rights to object under section 90 or 91.
4: The notice must also include, or be accompanied by, statements that specifically draw to the attention of the recipient the recipient's right to—
a: object under section 90 or 91 if he or she is aggrieved by any of the particulars of the assessment; and
b: apply to the Commissioner under Part 6A; and
c: apply to a Family Court under Part 7.
5: Despite anything in this section, the Commissioner may omit from a notice of assessment or any related communication the name of any parent or carer if—
a: he or she is satisfied that revealing the name to the recipient of the notice would be prejudicial to the safety of any parent, carer, or child; or
b: the parent is deceased, or is a parent in respect of whom an assessment has not been made.
88A: Details in notices of assessments
1: A notice of assessment given to a liable parent must set out all of the following that are applicable in relation to each qualifying child to whom the notice relates:
a: the child's first names and date of birth:
b: the names of the child's other parent (subject to section 88(5)
c: the names of any non-parent receiving carers of the child (subject to section 88(5)
d: the proportion of ongoing daily care that the Commissioner has established (under section 14
e: the care cost percentage of the liable parent in relation to the child, as determined under section 16
f: the liable parent's adjusted taxable income:
g: the first names and date of birth of every dependent child (as defined in section 35B(3)
h: the amount of any multi-group allowance to which the liable parent is entitled:
i: the liable parent's child support income amount in relation to the child:
j: the combined child support income amounts of the liable parent and the child's other parent, in relation to the child:
k: the liable parent's income percentage in relation to the child.
2: A notice of assessment given to a parent of a child who is a receiving carer must set out all of the following that are applicable in relation to each qualifying child to whom the notice relates:
a: the child's first names and date of birth:
b: the names of the child's liable parent or parents, and of any other parents (subject to section 88(5)
c: the names of any non-parent receiving carers of the child (subject to section 88(5)
d: the proportion of ongoing daily care that the Commissioner has established (under section 14
e: the care cost percentage of the parent in relation to the child, as determined under section 16
f: the parent's adjusted taxable income:
g: the first names and date of birth of every dependent child (as defined in section 35B(3)
h: the amount of any multi-group allowance to which the parent is entitled:
i: the parent's child support income amount in relation to the child:
j: the combined child support income amounts of the parent and all the child's other parents in relation to the child:
k: the parent's income percentage in relation to the child.
3: A notice of assessment given under this section to a non-parent receiving carer of a child must set out all of the following that are applicable in relation to each qualifying child to whom the notice relates:
a: the child's first names and date of birth:
b: the names of the child's liable parent or parents, and any other parent (subject to section 88(5)
c: the names of any other non-parent receiving carers of the child (subject to section 88(5)
d: the proportion of ongoing daily care that the Commissioner has established (under section 14
e: the care cost percentage of the carer in relation to the child, as determined under section 16
f: the expenditure on each child for whom the carer provides care, as determined by the relevant child expenditure table:
g: the amount of child support payable by the child's liable parents in respect of the carer.
89: Notification by Commissioner to other payers and payees
1: The Commissioner must give written notice under this section to every person who is required under this Act to make payments, and every person entitled under this Act to receive payments, of—
a: domestic maintenance; or
b: child support under a voluntary agreement; or
c: child support under a court order.
2: The notice must set out—
a: the amount of domestic maintenance or child support payable; and
b: the name of the payer and the payee; and
c: in the case only of a notice relating to child support, the name of each child in respect of whom payment is to be made.
3: The notice must be given—
a: as soon as practicable after determining the amount payable in respect of a child support year; and
b: after making any assessment that changes the amount payable.
4: The notice must contain sufficient information to enable the recipient to exercise his or her rights to object under section 90 or 91.
5: The notice must also include, or be accompanied by, statements that specifically draw to the attention of the recipient his or her right to—
a: object under section 90 or 91 if he or she is aggrieved by any of the particulars of the assessment; and
b: apply to a Family Court under Part 7. Amendment to Part 5A (exemptions)
18: Exemption for long-term hospital patients
Section 89C
1A: For the purposes of subsection (1)(a), a liable person's income during a period of long-term hospitalisation does not include any amounts received by the person during that hospitalisation for, or in respect of, any time up to and including the day on which the period of hospitalisation began.
19: Exemption for long-term prisoners
Section 89D
1A: For the purposes of subsection (1)(a), a liable person's income during a period of long-term imprisonment does not include any amounts received by the person during that imprisonment for, or in respect of, any time up to and including the day on which the period of imprisonment began.
19A: Section 89F amended (Exemption does not apply at any time during child support year if income criteria not met at any time during relevant period)
1: In section 89F(1)(a)(i) income (subject to section 89C(1A))
2: In section 89F(1)(a)(ii) income (subject to sections 89C(1A) and 89D(1A)) Section 19A inserted 27 February 2014 section 154 Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Amendments to Part 6 (objections)
20: Objections to appealable decisions
1: Section 90(1)
a: a decision to make, or refuse to make, a formula assessment of child support:
b: a decision under section 14
ba: a decision as to whether a particular child is or is not a dependent child of a person:
2: Section 90(1)
d: a decision that a penalty has been imposed by operation of section 45 134
3: Section 90(1)
ha: a decision made under section 82(4)
21: Objections to assessments
1: Section 91(1)
2: Section 91
2: An objection under this section may be made by any person who is affected by the assessment.
22: Requirements in relation to objections
Section 92
3A: An objection against a decision referred to in section 90(1)(b) Amendments to Part 6A Heading inserted 17 July 2013 section 170 Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013
22A: Application for determination
1: Section 96B(1) A qualifying custodian or a liable parent Any liable parent or receiving carer of a qualifying child
2: Section 96B(2)(a) , the qualifying custodian, and the liable parent concerned
3: Section 96B
3: The parties to the application are—
a: the applicant; and
b: every other liable parent or receiving carer of the qualifying child. Section 22A inserted 17 July 2013 section 170 Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 Amendment to Part 6B (Commissioner-initiated administrative reviews)
23: Commissioner may make determination under this Part
Section 96Q
2: The parties to proceedings under this Part are—
a: the parent (who may, but need not, be a liable parent) who is the subject of a review under this Part (the subject parent
b: any receiving carer, whether a parent or non-parent, of the child who elects, under section 96Y, to become a party; and
c: a liable parent who is not the subject parent, but who elects, under section 96Y, to become a party. Amendments to Part 7 (appeals and departure orders)
24: Sections 100 and 101 repealed
Sections 100 101
25: Matters as to which court must be satisfied before making order
1: Section 105(2)(b)
i: of high costs incurred by a parent or a receiving carer in enabling a parent or receiving carer to have contact with the child; or
2: Section 105
3: For the purposes of subsection (2)(b)(i), costs incurred in enabling a parent or receiving carer to have contact with the child are not to be taken to be high unless the total of those costs during a child support year is more than 5% of the adjusted taxable income for the year of the person incurring the costs.
26: Orders that may be made
Section 106
1: In determining an application made under section 104, a court may make any of the following orders:
a: an order departing from some or all of the provisions of this Act by substituting a different amount for any of the following amounts as they relate to a formula assessment, or prescribing an amount or a percentage by which any of those amounts must be varied:
i: a person's adjusted taxable income:
ii: a person's living allowance:
iii: a person's dependent child allowance:
iv: a person's child support income amount:
v: the child expenditure amount applying in respect of a qualifying child:
b: an order departing from some or all of the provisions of this Act relating to the formula assessment of child support in relation to the child and, as a result,—
i: substituting a different annual amount of child support payable by a liable parent in place of the amount determined under a formula assessment; or
ii: prescribing an amount or a percentage by which the annual amount of child support payable by a liable parent must vary from the amount determined under a formula assessment:
c: an order that the provisions of this Act relating to a formula assessment of child support must not be departed from in relation to a particular child. Amendments to Part 8 (collection of financial support)
27: Discretionary relief if debt uplifted
1: The heading to section 135F waived or uplifted
2: Section 135F
a: the payee has—
i: waived under section 179A
ii: uplifted under section 180 the debt to which the penalty relates; and Amendment to Part 9 (payment)
28: New section 152B inserted
The following section is inserted after section 152A
152B: Offsetting child support payments
1: If 2 parents are each to be liable to pay the other an amount of child support, the Commissioner may at any time before both of the amounts of child support concerned become due and payable offset one liability against the other.
2: However, the Commissioner cannot exercise this power in respect of any liability of a parent in respect of a period if during that period the parent is expected to be a social security beneficiary (as defined in section 2(1)). Amendment to Part 11 (enforcement provisions)
29: New section 179A inserted
The following section is inserted after section 179
179A: Waiver of right to payment
1: A payee who is a non-parent receiving carer of a qualifying child (other than a payee who is in receipt of an unsupported child's benefit for that child) may, by notice to the Commissioner, waive their right to receive the child support payments yet to be paid by a liable parent.
2: The notice takes effect as a waiver on the date specified in the notice; but if no date is specified, it takes effect on the date on which the notice is received by the Commissioner.
3: On and from the date on which a waiver takes effect, no unpaid child support payments constitute a debt payable by the liable parent to the Crown, whether the payments were due before, on, or after the date on which the waiver takes effect.
4: A waiver under this section is revocable at any time, by notice to the Commissioner, and the revocation takes effect on the later of the following:
a: the date specified in the notice:
b: the date on which the notice is received by the Commissioner.
5: A waiver under this section is deemed to be revoked if, and on the date that, the payee begins to receive an unsupported child's benefit for the child to whom the waiver relates.
6: If a waiver is revoked, the liable parent must pay the child support due in relation to the child from the date the revocation takes effect, and must pay it within 30 days after the date on which the notice of revocation is given to the liable parent. Amendments to Part 14 (general provisions)
30: Section 237 substituted
Section 237
237: Rounding of amounts
1: The following amounts must be rounded to whole dollars:
a: late payment penalties:
b: the amounts identified in the child expenditure table approved under section 36D
c: the living allowances as identified in section 35A(2)
d: the minimum annual rate of child support referred to in section 72(1)(a)
2: Except as provided elsewhere in this Act, the Commissioner may round any other amount referred to in, or arrived at in accordance with, this Act to a whole dollar or to any amount less than a whole dollar.
3: If an amount that is rounded to a whole dollar consists of a number of whole dollars and 50 cents, the amount must be rounded down to the nearest whole dollar. Amendment to Part 16 (transitional and savings provisions)
31: New section 276 added
The following section is added after section 275
276: Transitional and savings provisions relating to amendments to Act
The transitional and savings provisions set out in Schedule 1 New schedules inserted
32: New Schedule 1 inserted
The principal Act is amended by inserting after section 276 Schedule 1 Schedule 1
33: New Schedules 2 and 3 inserted
The principal Act is amended by inserting after Schedule 1 Schedules 2 3 Schedule 2 Consequential amendments
34: Consequential amendments to principal Act
The principal Act is consequentially amended in the manner set out in Schedule 3
35: Consequential amendment to Adoption Act 1955
Section 16(6) section 25(1)(b)(iii) section 25(2)(b) 2015-04-01 Adoption Act 1955
36: Consequential amendment to Births, Deaths, Marriages, and Relationships Registration Act 1995
1: This section amends the Births, Deaths, Marriages, and Relationships Registration Act 1995
2: In Schedule 1A The following table is small in size and has 3 columns. This table is an amendment to the table in Schedule 1A of the Births, Deaths, Marriages, and Relationships Registration Act 1995 and should be read with that table to provide understanding of the context.
c: for child support purposes, details of the parentage, birth, and death of qualifying children or dependent children 2015-04-01 Births, Deaths, Marriages, and Relationships Registration Act 1995
2: Departures from formula assessment, collection, penalties, and relief
Amendments to Part 7 (grounds for departure from formula assessment) Heading repealed 25 February 2016 section 58 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016
37: Matters as to which court must be satisfied before making order
Section 37 repealed 25 February 2016 section 58 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Amendments to Part 8 (automatic deduction) Heading repealed 25 February 2016 section 59 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016
38: New heading and sections 129 to 131B substituted
Section 38 repealed 25 February 2016 section 59 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Amendments to Part 8 (penalties)
39: New sections 134 to 134B substituted
Section 134
134: Penalties for late payment of financial support debts
Late payment penalties (initial and incremental)
1: A person liable to pay a financial support debt (whether that debt is incurred before, on, or after 1 April 2016
a: the time stated in that subsection (which is a time after the time at which all of the debt became due and payable) occurs on or after 1 April 2016
b: at the time stated in that subsection, some or all of the debt remains unpaid. Initial late payment penalty: due date
2: At the expiry of the due date, the penalty is the greater of the following amounts:
a: the amount of $5; and
b: an amount equal to 2% of the amount of financial support remaining unpaid at the expiry of the due date. Initial late payment penalty: seventh day after due date
3: At the expiry of the seventh day after the due date, the penalty is an amount equal to 8% of so much (if any) of the amount of financial support (excluding the penalty imposed under subsection (2)) remaining unpaid at that expiry. Incremental late payment penalty: first month after due date
4: At the expiry of the period of 1 month that starts on the day after the due date, the penalty is an amount equal to 2% of so much (if any) of the sum of the following as remains unpaid at that expiry:
a: the amount of financial support remaining unpaid at the expiry of the due date:
b: all penalties, if any, imposed under either of subsections (2) and (3). Incremental late payment penalty: first 11 later months
5: At the expiry of each of the first 11 periods of 1 month (if any) that, consecutively, follow the 1-month period referred to in subsection (4), the penalty is an amount equal to 2% of so much (if any) of the sum of the following as remains unpaid at that expiry:
a: the amount of financial support remaining unpaid at the expiry of the due date:
b: all penalties, if any, imposed under any of subsections (2) to (4):
c: all penalties, if any, earlier imposed under this subsection. Incremental late payment penalty: months after 1 year
6: At the expiry of each of the periods of 1 month (if any) that, consecutively, follow the last of the 11 periods of 1 month referred to in subsection (5), the penalty is an amount equal to 1% of so much (if any) of the sum of the following as remains unpaid at that expiry:
a: the amount of financial support remaining unpaid at the expiry of the due date:
b: all penalties, if any, imposed under any of subsections (2) to (5):
c: all penalties, if any, earlier imposed under this subsection. 1976 No 65 s 398; 1985 No 141 s 41
134A: Status of penalties under section 134
A penalty payable under section 134
a: is a debt due to the Crown; and
b: must for all purposes (except the purposes of Part 9) be treated as, and is accordingly recoverable as if it were, of the same nature as the amount in respect of which it was imposed. 1976 No 65 s 398; 1985 No 141 s 41
134B: Act's provisions on liable person's financial support debt also apply to payees' debts arising from overpayments
This Act's provisions on a liable person's financial support debt (including, without limitation, sections 134 151AA(5) and (6) Section 39 amended 27 February 2014 section 156 Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Amendments to Part 8 (relief from penalties)
40: Interpretation for purposes of sections 135A to 135O
1: The heading to section 135 135A 135AA
2: Section 135 incremental penalty initial late payment penalty incremental penalty
a: before 1 April 2016 Child Support Amendment Act 2013
b: on or after 1 April 2016 section 134(4), (5), or (6) Child Support Amendment Act 2013 initial late payment penalty
a: before 1 April 2016 Child Support Amendment Act 2013
b: on or after 1 April 2016 section 134(2) or (3) Child Support Amendment Act 2013 Section 40(2) amended 27 February 2014 section 157 Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Amendment to Part 8 (payment agreements)
41: New heading and section 135AA inserted
The following heading and section are inserted after section 135 Sufficient reason for declining to enter into or make payment agreement
135AA: Non-compliance without reasonable cause with previous payment agreements
1: The Commissioner may decline to enter into a payment agreement with a liable person solely for the reason that the Commissioner is satisfied on the basis of information available to the Commissioner of both of the following matters:
a: that the liable person has not complied with 1 or more earlier payment agreements; and
b: that no reasonable cause existed for the liable person's non-compliance with all or any of those agreements.
2: This section does not prevent the Commissioner from—
a: declining to enter into the agreement for any other reason; or
b: ceasing, because of further information available to the Commissioner, to be satisfied of either or both of those matters.
3: For the purposes of section 96 (which identifies matters with respect to which Part 6 does not confer any right of objection), the Commissioner's decision whether to enter into or make a payment agreement is a matter left by this section to the discretion of the Commissioner. Amendments to Part 8 (discretionary relief from penalties)
42: Application of sections 135B to 135G
1: The heading to section 135A 135G 135GA
2: Section 135A(1) and (2) are amended by omitting 135G 135GA
43: New section 135FA inserted
The following section is inserted after section 135F
135FA: Discretionary relief from incremental penalties unpaid before agreement entered into on or after
1 April 2016
1: For the purposes of this section,— initial debt payment agreement 1 April 2016
a: the amount of the initial debt; and
b: the amount of financial support (if any) that the person will become liable to pay during the term of the payment agreement.
2: The Commissioner may grant relief to the liable person in the manner prescribed by section 135A in respect of the incremental penalties of the liable person that were unpaid at the time a payment agreement was entered into if the Commissioner is satisfied—
a: that recovery of those incremental penalties would place the liable person in serious hardship (as defined in section 135G(3)); or
b: that it would be fair and reasonable to grant relief.
3: Before making a decision under subsection (2)(a) Section 43 amended 25 February 2016 section 60(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 43 amended 25 February 2016 section 60(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 43 amended 27 February 2014 section 158(1) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 43 amended 27 February 2014 section 158(2) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014
44: Discretionary relief for residual incremental penalty debt
1: The heading to section 135G for residual incremental penalty debt from payment of incremental penalties
2: Section 135G(1)(a) some or all of the financial support debt and initial late payment penalties to which the incremental penalties relate
3: Section 135G(3) and sections 135GA In this section Section 44(3) amended 24 February 2016 section 61 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016
45: New section 135GA inserted
The following section is inserted after section 135G
135GA: Discretionary relief for residual penalty-only debt
1: The Commissioner may grant relief to a liable person from the payment of initial late payment penalties or incremental penalties or both in the manner prescribed by section 135A if—
a: the liable person has paid, or had written off in accordance with this Act, all of the liable person's financial support debt; and
b: the Commissioner is satisfied that recovery of those penalties would do either or both of the following:
i: place the liable person in serious hardship (as defined in section 135G(3)
ii: involve an inefficient use of the Commissioner’s resources.
2: The Commissioner may grant relief to a liable person from the payment of initial late payment penalties or incremental penalties or both in the manner prescribed by section 135A if—
a: the Commissioner has under section 180A some or section 180A(2)
b: the Commissioner is satisfied that those penalties relate to, or arise from, some or
i: place the liable person
ii: involve an inefficient use of the Commissioner's resources.
3: Before making a decision under subsection (1)(b) or (2)(b), the Commissioner must have regard to the matters referred to in sections 6 and 6A of the Tax Administration Act 1994. Section 45 amended 24 February 2016 section 62(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 45 amended 24 February 2016 section 62(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 45 amended 24 February 2016 section 62(3) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Amendment to Part 8 (mandatory relief from initial late payment penalties)
46: New sections 135GB and 135H inserted
Section 135H
135GB: Relief from initial late payment penalty if full or substantial compliance with payment arrangement entered into or made on or after
1 April 2016
1: The Commissioner must write off an initial late payment penalty if satisfied that—
a: that penalty was imposed in respect of a debt that is or includes the first payment of financial support payable by the liable person under a formula assessment, voluntary agreement, or order of the court issued or made before, on, or after 1 April 2016
b: a payment arrangement was entered into or made on or after 1 April 2016
2: The payment arrangement referred to in subsection (1)(b) must be a payment agreement specified in subsection (3) or a deduction notice specified in subsection (4).
3: The payment agreement is one that the liable person entered into with the Commissioner to pay, in 1 sum or 2 or more instalments of specified amounts,—
a: the first payment mentioned in subsection (1)(a); and
b: other payments of financial support that were or would become payable (under the assessment, agreement, or order mentioned in subsection (1)(a), or any other assessment, voluntary agreement, or order of the court) by the liable person.
4: The deduction notice is one that the Commissioner gave a person under section 154 in relation to the liable person in order to collect, in 1 sum or 2 or more deductions and payments,—
a: the first payment mentioned in subsection (1)(a); and
b: other payments of financial support that were or would become payable (under the assessment, agreement, or order mentioned in subsection (1)(a) or any other assessment, voluntary agreement, or order of the court) by the liable person.
5: The payment arrangement referred to in subsection (1)(b) has been fully or substantially complied with in accordance with this subsection if the arrangement has operated for a period that the Commissioner considers reasonable and—
a: it is a payment agreement, and to date there has been either no default in the payment in accordance with that agreement of the 1 sum, or every one of the 2 or more instalments, specified in subsection (3), or only default of that kind to an extent, or arising from a cause, that the Commissioner considers reasonable; or
b: it is a deduction notice, and to date there has been either no default in the making in accordance with that notice of every one of the 2 or more deductions and payments specified in subsection (4), or only default of that kind to an extent, or arising from a cause, that the Commissioner considers reasonable.
6: If an initial late payment penalty written off under subsection (1) has been paid in whole or in part, the Commissioner must refund to the liable person the whole or part of the penalty paid.
135H: Relief from initial late payment penalty if full compliance with payment arrangement entered into or made before
1 April 2016
1: The Commissioner must write off an initial late payment penalty if satisfied that—
a: that penalty was imposed in respect of a debt that is or includes the first payment of financial support payable by the liable person under a formula assessment, voluntary agreement, or order of the court issued or made before, on, or after 1 April 2016
b: a payment arrangement was entered into or made on or after 26 September 2006 and before 1 April 2016
2: The payment arrangement referred to in subsection (1)(b) must be a payment agreement specified in subsection (3) or a deduction notice specified in subsection (4).
3: The payment agreement is one that the liable person entered into with the Commissioner to pay, in 1 sum or 2 or more instalments of specified amounts,—
a: the first payment mentioned in subsection (1)(a); and
b: other payments of financial support that were or would become payable (under the assessment, agreement, or order mentioned in subsection (1)(a), or any other assessment, voluntary agreement, or order of the court) by the liable person.
4: The deduction notice is one that the Commissioner gave a person under section 154 in relation to the liable person in order to collect, in 1 sum or 2 or more deductions and payments,—
a: the first payment mentioned in subsection (1)(a); and
b: other payments of financial support that were or would become payable (under the assessment, agreement, or order mentioned in subsection (1)(a) or any other assessment, voluntary agreement, or order of the court) by the liable person.
5: The payment arrangement referred to in subsection (1)(b) has been fully complied with in accordance with this subsection if—
a: it is a payment agreement, and the 1 sum, or every one of the 2 or more instalments, specified in subsection (3) is paid in full in accordance with that agreement; or
b: it is a deduction notice, and every one of the 2 or more deductions and payments specified in subsection (4) is made in accordance with that notice.
6: If an initial late payment penalty written off under subsection (1) has been paid in whole or in part, the Commissioner must refund to the liable person the whole or part of the penalty paid. Section 46 amended 27 February 2014 section 159(1) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 46 amended 27 February 2014 section 159(2) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 46 amended 27 February 2014 section 159(3) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 46 amended 27 February 2014 section 159(4) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Amendments to Part 8 (mandatory relief from incremental penalties)
47: Relief from incremental penalties unpaid before agreement entered into
1: The heading to section 135J on or after 26 September 2006
2: The definition of payment agreement section 135J(1) after the commencement of this section on or after 26 September 2006
48: Relief from incremental penalties in relation to arrangements entered into or made before commencement
1: The heading to section 135K before commencement before 26 September 2006
2: The definition of payment agreement section 135K(1) before the commencement of this section before 26 September 2006
3: The definition of specified deduction notice section 135K(1)
a: by omitting before the commencement of this section before 26 September 2006
b: by omitting before this section comes into force before 26 September 2006
49: Relief from ongoing incremental penalties if payment agreement in force
Section 135M
1: This section applies if—
a: an incremental penalty is by operation of law imposed on a person at the expiry of a 1-month period; and
b: during that 1-month period, the person is liable to pay financial support, initial late payment penalties, or incremental penalties that are payable in 1 sum, or in 2 or more instalments, under a payment agreement entered into between the person and the Commissioner; and
c: every sum or instalment payable under the payment agreement during that 1-month period has during that 1-month period been paid in full in accordance with the payment agreement.
50: Relief from ongoing incremental penalties if deduction notice in force
Section 135N
1: This section applies if—
a: an incremental penalty is by operation of law imposed on a person at the expiry of a 1-month period; and
b: during that 1-month period, the person is liable to pay financial support, initial late payment penalties, or incremental penalties by way of deductions required to be made, and paid to the Commissioner, under a deduction notice given under section 154; and
c: each deduction required during that 1-month period to be made, and paid to the Commissioner, under the deduction notice has during that 1-month period been made (even if it has not also been paid to the Commissioner) in accordance with the deduction notice. Amendments to Part 9 (payment)
51: Method in which payments to be made
The heading to section 148 in by
52: Overpayments to payees
1: The heading to section 151 before 1 April 2016
2: Section 151(1) before 1 April 2016 paid an amount under any provision of this Part Section 52(1) amended 27 February 2014 section 160(1) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 52(2) amended 27 February 2014 section 160(2) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014
53: New section 151AA inserted
The following section is inserted after section 151
151AA: Overpayments to payees on or after
1 April 2016
1: This subsection applies to an amount that on or after 1 April 2016
a: the payee was not entitled to be paid the amount; or
b: the amount is, because of a subsequent variation in the liability of the liable person, repayable by the Commissioner to the liable person; or
c: the amount is, because of a subsequent variation in the entitlement of the payee, in excess of the amount properly payable to the payee under this Act.
2: An amount to which subsection (1) applies is, if that amount is assessed by the Commissioner in the exercise of the Commissioner's discretion under subsection (3),—
a: repayable by the payee to the Commissioner; and
b: a debt due by the payee to the Crown.
3: The Commissioner may assess an amount to which subsection (1) applies.
4: The Commissioner must notify the payee in writing of the assessment under subsection (3).
5: This Act (subject to subsection (6)) applies to the amount assessed, and to the payee, as if—
a: that amount was financial support; and
b: the payee was a liable person.
6: Sections 134 134A
7: The Commissioner must notify the payee in writing of a determination under subsection (6), and the determination may be combined with an assessment under subsection (3).
8: If the payee is entitled to receive further payments under any provision of this Part, the amount of the debt due to the Crown by the payee may be recovered by reducing such of those payments by such amount as is determined in writing by the Commissioner. Section 53 amended 27 February 2014 section 161(1) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 53 amended 27 February 2014 section 161(2) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014
54: Section 151A repealed
Section 151A
55: Relief in cases of serious hardship
1: Section 152(a)
a: by inserting or 151AA section 151
b: by inserting or 151AA(8) section 151(3)
2: Section 152(b) or 151AA(8) section 151(3)
56: Relief in case of exemption granted to liable person
Section 152A(1)(a) or 151AA section 151
57: New section 152B inserted
Section 57 repealed 25 February 2016 section 63 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Amendment to Part 10 (automatic deductions) Heading repealed 25 February 2016 section 64 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016
58: Deduction notice
Section 58 repealed 25 February 2016 section 64 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Amendments to Part 11 (discretion to write off certain child support debt and recognition of qualifying payments for child's direct benefit)
59: Payee may uplift financial support debt
Section 180
2: This section does not entitle an election to be made in relation to an amount of child support payable to a payee, other than pursuant to a lump sum order made under section 109,—
a: under subsection (1)(a), if the amount of child support was payable in respect of a period during which the payee was a social security beneficiary (as defined in section 2(1)); or
b: under subsection (1)(b), if the payee is a social security beneficiary (as so defined) at the time of the making of the election; or
c: under subsection (1)(b), if the payee is not a social security beneficiary (as so defined) at the time of the making of the election, unless, at that time,—
i: the Commissioner has accepted an election under section 27
ii: the payee elects that the liability of the liable parent to pay child support is to end under section 64 or 70. Section 59 amended 25 February 2016 section 65 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016
60: New sections 180A to
180D The following sections are inserted after section 180
180A: Commissioner may write off benefit component of child support debt if receiving carer was social security beneficiary and recovery would cause serious hardship or be inefficient use of Commissioner's resources
1: The Commissioner may write off some or all of the benefit component of an amount of child support that is payable by the liable person to the Crown under this Act, and that is unpaid and in arrear, if—
a: the amount of child support was payable in respect of a period during which the receiving carer was a social security beneficiary (as defined in section 2(1)); and
b: the Commissioner is satisfied that recovery of that part or, as the case requires, all, of the benefit component of the amount of child support would do either or both of the following:
i: place the liable person in serious hardship (as defined in section 135G(3)):
ii: involve an inefficient use of the Commissioner's resources.
2: The benefit component
180B: Commissioner may write off child support debt if liable person has died and his or her estate is insufficient
1: The Commissioner may write off some or all of an amount of child support debt that is payable by the estate of a liable person to the Crown under this Act, and that is unpaid and in arrear, if—
a: the liable person has died; and
b: the Commissioner is satisfied that the liable person's estate is insufficient to pay the part, or all, of the amount.
2: Subsection (1) applies even if no order has been made that the liable person's estate be administered under Part 6 (insolvent deceased estates) of the Insolvency Act 2006.
180C: Commissioner may write off child support debt if receiving carer has died and debt is likely to be unable to be recovered
The Commissioner may write off some or all of an amount of child support debt that is payable by a liable person to the Crown under this Act, and that is unpaid and in arrear, if—
a: the receiving carer has died; and
b: the Commissioner is satisfied that the part, or all, of the amount is for any reason likely to be unable to be recovered.
180D: Sections 180B and 180C to cover child support penalties
In sections 180B and 180C, child support debt
a: an initial late payment penalty (as defined in section 135) imposed in relation to child support:
b: an incremental penalty (as defined in section 135) imposed in relation to child support:
c: a penalty imposed under section 45 as in force before 1 April 2015 (including as applied on and after that date by clauses 1A and 2A Section 60 heading amended 25 February 2016 section 66(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 60 amended 25 February 2016 section 66(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 60 amended 25 February 2016 section 66(3) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016
61: Direct payment to payee
Section 61 repealed 25 February 2016 section 67 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Amendment to Part 16 (transitional and savings provisions)
62: Section 276 amended
In section 276(2) section 54(3) Child Support Amendment Act 2013: Provisions relating to amendments effective on 1 April 2016 2 Section 62 replaced 25 February 2016 section 68 Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Amendments to Schedule 1
63: Schedule 1 amended
1:
2: Schedule 1 section 32 and amended by section 55
2: Child Support Amendment Act 2013: Provisions relating to amendments effective on
1 April 2016
9: Amendments to Part 7 (grounds for departure from formula assessment)
10: Amendments to Part 8 (penalties imposed under section 134 before
1 April 2016
1: Section 134 1 April 2016 Child Support Amendment Act 2013 1 April 2016
2: The reference in section 134(1) 1 April 2016 1 April 2016 1 April 2016 1 April 2016
3: An initial late payment penalty (seventh day after due date) under section 134(3) 1 April 2016 1 April 2016 25 March 2016
4: Section 134(4) 1 April 2016 1 April 2016 1 March 2016
5: Section 134(5) or (6) 1 April 2016 1 April 2016 1 March 2016
6: The Commissioner may, in the Commissioner's discretion, grant relief from initial late payment penalties, incremental penalties, or both, imposed on a person under section 134 1 April 2016 1 April 2016
11: Insertion of sections 180A and 180C (Writing off of child support debt)
1: In relation to child support in respect of a child support year ending before 1 April 2015, section 180A(1)(a) applies as if the reference to the receiving carer were to the qualifying custodian.
2: In relation to child support in respect of a child support year ending before 1 April 2015 (including any penalty referred to in section 180D(a) to (c) Section 63(1) repealed 25 February 2016 section 69(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 63(2) amended 25 February 2016 section 69(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 63(2) amended 25 February 2016 section 69(3) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 63(2) amended 25 February 2016 section 69(4) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 63(2) amended 27 February 2014 section 163(2) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 63(2) amended 27 February 2014 section 163(4) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 63(2) amended 27 February 2014 section 163(5) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 63(2) amended 27 February 2014 section 163(6) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 63(2) amended 27 February 2014 section 163(7)(a) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 63(2) amended 27 February 2014 section 163(7)(b) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 63(2) amended 27 February 2014 section 163(8)(a) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 63(2) amended 27 February 2014 section 163(8)(b) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 63(2) amended 27 February 2014 section 163(9)(a) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 63(2) amended 27 February 2014 section 163(9)(b) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 Section 63(2) amended 27 February 2014 section 163(10) Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 |
DLM5189013 | 2013 | Crimes Amendment Act 2013 | 1: Title
This Act is the Crimes Amendment Act 2013.
2: Commencement
This Act comes into force on 1 July 2013
3: Principal Act
This Act amends the Crimes Act 1961 principal Act 2013-07-01 Crimes Act 1961
4: Section 8 amended (Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand)
1: Replace section 8(2)
2: If a person does or omits to do any act to which this section applies, and that act or omission would, if it occurred within New Zealand, be an offence, under this Act or any other enactment (whether that enactment was passed before or after the commencement of this Act), punishable by imprisonment for life or by 2 or more years' imprisonment, then, subject to the provisions of this Act and that other enactment, the person is liable on conviction as if the act or omission had occurred in New Zealand.
2A: If any proceedings are taken by virtue of the jurisdiction conferred by this section, it is a defence to prove that the act or omission would not have been an offence under the law of the country of which the person charged was a national or citizen at the time of the act or omission, if it had occurred in that country.
2: In section 8(3) a crime an offence punishable by imprisonment for life or by 2 or more years' imprisonment
3: In section 8(7) crime offence
5: Section 411 amended (Consequential amendments)
Repeal section 411(2)
6: Consequential amendment to Crimes Amendment Act (No 4) 2011
1: This section amends the Crimes Amendment Act (No 4) 2011
2: In the Schedule
a: repeal the item relating to section 8
b: repeal the item relating to section 411(2) 2013-07-01 Crimes Amendment Act (No 4) 2011 section 6
7: Further amendments to principal Act
Amend the principal Act as set out in the Schedule |
DLM5619802 | 2013 | Armed Forces Discipline Amendment Act 2013 | 1: Title
This Act is the Armed Forces Discipline 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 Armed Forces Discipline Act 1971 principal Act 2013-12-05 Armed Forces Discipline Act 1971
4: Section 101A amended (Judge Advocate General may grant bail pending trial)
In section 101A(4) section 8(1) and (3) section 8(1) and (4)
5: Armed Forces Discipline Rules of Procedure 2008 consequentially amended
1: This section amends the Armed Forces Discipline Rules of Procedure 2008
2: In the Schedule, form 8 section 8(1) and (3) section 8(1) and (4) 2013-12-05 Armed Forces Discipline Rules of Procedure 2008 |
DLM5138203 | 2013 | Wildlife Amendment Act 2013 | 1: Title
This Act is the Wildlife 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 Wildlife Amendment Act 2013 Commencement Order 2013
3: Principal Act
This Act amends the Wildlife Act 1953 principal Act OIC SR 2013/125 2013-05-24 Wildlife Act 1953 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.
4: Section 9 amended (Wildlife sanctuaries)
1: In section 9(1) by Proclamation by Order in Council made on the recommendation of the Minister
2: In section 9(1) no Proclamation no Order
3: In section 9(1) and (4) such Proclamation such Order
4: In section 9(1)(aa) within the meaning of the Harbours Act 1950
5: In section 9(2) by Proclamation by Order in Council
6: In section 9(3) and (4) a Proclamation an Order in Council
7: In section 9 the Proclamation the Order
5: Section 10 amended (All wildlife in sanctuaries absolutely protected)
In section 10 Proclamation Order in Council
6: Section 64 amended (Offences in relation to wildlife sanctuaries)
In section 64 Proclamation Order in Council
7: Section 67F amended (Penalties for other offences)
In section 67F(4)(d) a Proclamation an Order in Council |
DLM5495903 | 2013 | Inspector-General of Intelligence and Security Amendment Act 2013 | 1: Title
This Act is the Inspector-General of Intelligence and Security 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 Inspector-General of Intelligence and Security Act 1996 principal Act 2013-09-26 Inspector-General of Intelligence and Security Act 1996
4: Section 2 amended (Interpretation)
In section 2(1) advisory panel section 15A Deputy Inspector-General section 5 Intelligence and Security Committee .
5: Section 5 and cross-heading replaced
Replace section 5 Inspector-General and Deputy Inspector-General of Intelligence and Security
5: Inspector-General and Deputy Inspector-General of Intelligence and Security
1: There must be—
a: an Inspector-General of Intelligence and Security; and
b: a Deputy Inspector-General of Intelligence and Security.
2: The Inspector-General and Deputy Inspector-General must be appointed by the Governor-General on the recommendation of the Prime Minister following consultation with the Intelligence and Security Committee.
3: The Deputy Inspector-General has and may exercise and perform the powers and functions of the Inspector-General (whether under this Act or any other enactment), but subject to—
a: the control and direction of the Inspector-General; and
b: to avoid doubt, the same duties, obligations, restrictions, and terms under which the Inspector-General exercises and performs his or her powers and functions.
4: Sections 7 to 9 and 18 apply to the Deputy Inspector-General as if references in those sections to the Inspector-General were references to the Deputy Inspector-General.
5: If there is a vacancy in the office of the Inspector-General, or if the Inspector-General is absent from duty for any reason, the Deputy Inspector-General has and may exercise and perform all the powers, functions, and duties of the Inspector-General for as long as the vacancy or absence continues.
6: The fact that the Deputy Inspector-General exercises or performs any power, function, or duty of the Inspector-General is, in the absence of proof to the contrary, conclusive evidence of the Deputy Inspector-General's authority to do so.
6: Section 6 amended (Term of office)
1: Replace section 6(1)
1: Every person appointed as the Inspector-General or Deputy Inspector-General—
a: is to be appointed for a term not exceeding 3 years; and
b: may be reappointed, but in the case of the Inspector-General only once.
2: In section 6(2) and (3) Inspector-General or Deputy Inspector-General
7: Section 11 amended (Functions of Inspector-General)
1: After section 11(1)(b)
ba: to inquire into any complaint made by the Speaker of the House of Representatives on behalf of 1 or more members of Parliament: .
2: Replace section 11(1)(c), (d), and (da)
c: to inquire at the request of the Minister or the Prime Minister or of the Inspector-General's own motion into any matter where it appears that a New Zealand person has been or may be adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency:
ca: to inquire at the request of the Minister or the Prime Minister or of the Inspector-General's own motion into the propriety of particular activities of an intelligence and security agency:
d: without limiting paragraph (a), to review at intervals of not more than 12 months—
i: the effectiveness and appropriateness of the procedures adopted by each intelligence and security agency to ensure compliance with its governing legislation in relation to the issue and execution of warrants and authorisations; and
ii: the effectiveness and appropriateness of compliance systems concerning operational activity, including all supporting policies and practices of an intelligence and security agency relating to—
A: administration; and
B: information management; and
C: risk management; and
D: legal compliance generally:
da: to conduct unscheduled audits of the procedures and compliance systems described in paragraph (d) .
3: Repeal section 11(2)
4: In section 11(3) (1)(c)(ii) (1)(ca)
8: Section 12 amended (Consultation)
Replace section 12(2)
2: The Inspector-General may—
a: consult any of the persons specified in subsection (3)
b: despite section 26(1), disclose to any of the persons consulted any information that the Inspector-General considers necessary for the purpose of the consultation.
3: The persons are—
a: the Controller and Auditor-General:
b: an Ombudsman:
c: the Privacy Commissioner:
d: a Human Rights Commissioner:
e: the Independent Police Conduct Authority.
9: Section 15 amended (Jurisdiction of courts and other agencies not affected)
In section 15(3) or of the Privacy Commissioner , the Privacy Commissioner, a Human Rights Commissioner, or the Independent Police Conduct Authority
10: New sections 15A to 15F and cross-heading inserted
After section 15 Advisory panel
15A: Advisory panel established
This section establishes an advisory panel.
15B: Function of advisory panel
1: The function of the advisory panel is to provide advice to the Inspector-General.
2: The advisory panel may provide advice—
a: on request from the Inspector-General; or
b: on its own initiative.
3: To assist the advisory panel to perform its function,—
a: the advisory panel may ask the Inspector-General to provide information; and
b: the Inspector-General may provide information to the advisory panel, whether in response to a request under paragraph (a)
4: The advisory panel may make a report to the Prime Minister on any matter relating to intelligence and security, if the advisory panel considers that the matter should be drawn to the attention of the Prime Minister.
15C: Membership of advisory panel
1: The advisory panel consists of—
a: 2 members appointed under subsection (2)
b: the Inspector-General.
2: The members and chairperson appointed under this subsection are appointed by the Governor-General on the recommendation of the Prime Minister after consulting the Intelligence and Security Committee.
3: One of the members appointed under subsection (2)
4: Both of the members appointed under subsection (2)
5: A member appointed under subsection (2)
a: holds office for a term not exceeding 5 years; and
b: may from time to time be reappointed; and
c: may at any time resign office by notice in writing to the Prime Minister; and
d: may be removed from office by notice in writing from the Prime Minister for misconduct, inability to perform the functions of office, or neglect of duty.
15D: Remuneration of appointed members of advisory panel
1: A member of the advisory panel appointed under section 15C(1)(a)
a: to receive remuneration not within paragraph (b)
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
2: For the purposes of subsection (1) fees framework
15E: Clerical and secretarial services
1: The Department of the Prime Minister and Cabinet is responsible for providing to the advisory panel the clerical and secretarial services necessary for the advisory panel to perform its function effectively and efficiently.
2: A person providing clerical and secretarial services under subsection (1)
15F: Advisory panel to determine own procedure
The advisory panel may determine its own procedure.
11: Section 24 amended (Proceedings privileged)
Replace section 24(1)
1: Subject to subsection (2),—
a: no proceedings, civil or criminal, may be brought against the Inspector-General, an appointed member of the advisory panel, or against any employee of the Inspector-General, for anything done or reported or said by the Inspector-General, appointed member, or employee in the course of the exercise or intended exercise of their functions under this Act, unless it is shown that the Inspector-General, appointed member, or employee acted in bad faith:
b: neither the Inspector-General nor an appointed member of the advisory panel nor any employee of the Inspector-General nor any person who has held the appointment of Inspector-General or who has been an appointed member of the advisory panel or who has been an employee of the Inspector-General is to be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Act.
12: Section 25 amended (Reports in relation to inquiries)
After section 25(5)
6: As soon as practicable after receiving a report from the Inspector-General, the Minister—
a: must provide his or her response to the Inspector-General and the chief executive of the intelligence and security agency concerned; and
b: may provide his or her response to the Intelligence and Security Committee.
7: Subsection (6)
8: For the purposes of this section,—
a: the Inspector-General may, after consulting the chief executive of the intelligence and security agency concerned, determine the security classification of a report prepared under this section; and
b: any matter quoted or summarised in the report must be given a security classification not less than the security classification of the matter quoted or summarised.
13: New section 25A inserted (Publication of Inspector-General's reports under section 25)
After section 25
25A: Publication of Inspector-General's reports under section 25
1: As soon as practicable after forwarding a report as required by section 25(1), the Inspector-General must make a copy of the report publicly available on an Internet site maintained by or on behalf of the Inspector-General.
2: However, the Inspector-General must not, in the copy of a report made publicly available under subsection (1)
a: information the public disclosure of which would be likely to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence—
i: by the government of any other country or any agency of such a government; or
ii: by any international organisation; or
b: information the public disclosure of which would be likely to endanger the safety of any person; or
c: the identity of any person who is or has been an officer, employee, or agent of an intelligence and security agency other than the chief executive, or any information from which the identity of such a person could reasonably be inferred; or
d: information the public disclosure of which would be likely to prejudice—
i: the continued discharge of the functions of an intelligence and security agency; or
ii: the security or defence of New Zealand or the international relations of the Government of New Zealand; or
e: any information about employment matters or security clearance issues.
14: Section 26 amended (Disclosure)
In section 26(1) Act, the Inspector-General and an appointed member of the advisory panel
15: Section 27 amended (Reports by Inspector-General)
1: After section 27(2)(b)
ba: certify the extent to which each intelligence and security agency's compliance systems are sound; and .
2: In section 27(3) lay a copy of the report before present a copy of the report to
3: In section 27(4) and (6) laid before presented to
4: After section 27(6)
6A: As soon as practicable after a copy of the report is presented to the House of Representatives under subsection (3), the Inspector-General must make a copy of the report (as presented to the House of Representatives) publicly available on an Internet site maintained by or on behalf of the Inspector-General.
16: Section 28 amended (Secrecy)
In section 28(1) been, the Inspector-General or an appointed member of the advisory panel |
DLM5623600 | 2013 | Parental Leave and Employment Protection Amendment Act 2013 | 1: Title
This Act is the Parental Leave and Employment Protection 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 Parental Leave and Employment Protection Act 1987 principal Act 2013-12-05 Parental Leave and Employment Protection Act 1987
4: Section 71C amended (Interpretation of this Part)
In section 71C self-employed person's average weekly earnings section 71CB(1A) section 71CB(2) |
DLM3224800 | 2013 | Gambling (Gambling Harm Reduction) Amendment Act 2013 | 1: Title
This Act is the Gambling (Gambling Harm Reduction) 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 Gambling Act 2003 principal Act 2013-09-14 Gambling Act 2003
4: Purpose
The purpose of this Act is to provide additional measures to implement the following purposes of the Gambling Act 2003
a: to prevent and minimise the harm caused by gambling, including problem gambling ( section 3(b)
b: to ensure that money from gambling benefits the community ( section 3(g)
c: to facilitate community involvement in decisions about the provision of gambling ( section 3(h)
5: Section 90 amended (Register of class 4 venue licences must be maintained)
In section 90(1) 17 October 2001 , and, if a new place is substituted for such a place in accordance with a relocation policy, must amend the register accordingly
6: Section 91 amended (No compensation)
In section 91 89 to 101 or section 102(5A)
7: New clause 97A inserted (Effect of relocation)
After section 97
97A: Effect of relocation
1: This section applies when—
a: a territorial authority has adopted a relocation policy (as defined in section 101(5)
b: in accordance with that policy, the territorial authority grants consent in respect of a venue (the new venue old venue
c: a new class 4 venue licence is granted in respect of the new venue.
2: When this section applies,—
a: the Secretary must cancel the class 4 venue licence that relates to the old venue, in which case—
i: the cancellation takes effect on the date on which the new class 4 venue licence takes effect; and
ii: there is no right of appeal against the cancellation; and
b: despite section 100(1)(b)(i), the maximum number of gaming machines permitted to operate at the new venue at the time when the new class 4 venue licence takes effect is the same as the maximum number of gaming machines permitted to operate at the old venue immediately before the licence relating to the old venue is cancelled; and
c: for the purposes of this Act,—
i: if the old venue was a venue to which section 92 applied, the new venue must be treated as a venue to which section 92 applies; and
ii: the old venue must be treated as if no class 4 venue licence had ever been held by any society for that venue (which means that, under section 98, consent will be required for that venue if a class 4 venue licence is subsequently applied for in relation to it).
8: Section 98 amended (When territorial authority consent is required)
After section 98(d)
e: a 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.
9: Section 99 amended (Application for territorial authority consent)
After section 99(2)
3: An application for consent in accordance with a relocation policy may be made only with the agreement of the venue operator of the existing venue.
10: Section 101 amended (Territorial authority must adopt class 4 venue policy)
1: In section 101(3)(b) venue ; and
2: After section 101(3)(b)
c: may include a relocation policy.
3: After section 101(4)
5: A relocation policy section 97A
11: Section 102 amended (Adoption and review of class 4 venue policy)
After section 102(5)
5A: The first time that a territorial authority commences a review of a policy after the Gambling (Gambling Harm Reduction) Amendment Act 2013 section 101(5)
5B: Whenever a territorial authority is considering whether to include a relocation policy in its class 4 venue policy, it must consider the social impact of gambling in high-deprivation communities within its district.
12: Section 114 amended (Regulations regarding application or distribution of net proceeds from class 4 gambling)
After section 114(2)
3: Regulations may also be made under subsection (1) for the following purposes:
a: requiring that a specified portion of the net proceeds of class 4 gambling be applied or distributed to or for authorised purposes in, or operating in, the geographical area from which those net proceeds were derived:
b: limiting the amount of the 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:
c: 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:
d: 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.
13: Section 314 amended (Regulations relating to gaming machines in class 4 venue)
After section 314(1)(g)
ga: prescribing the use of pre-commitment, player tracking, or other harm-minimisation devices, technology, or systems in or associated with gaming machines: . |
DLM5622300 | 2013 | Gambling Amendment Act 2013 | 1: Title
This Act is the Gambling 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 Gambling Act 2003 principal Act 2013-12-05 Gambling Act 2003
4: Section 286 amended (Bank accounts)
1: In section 286(2) only by cheque signed
2: After section 286(2)
3: Cash may not be withdrawn from an account referred to in subsections (1) and (2). |
DLM1566100 | 2013 | Inquiries Act 2013 | 1: Title
This Act is the Inquiries 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
3: Purpose
1: The purpose of this Act is to reform and modernise the law relating to inquiries, by—
a: providing for the establishment of both public and government inquiries to inquire into matters of public importance; and
b: recognising and providing for Royal commissions established under the Royal prerogative; and
c: enabling those inquiries to be carried out effectively, efficiently, and fairly.
2: The Act therefore sets out, in relation to any inquiry to which this Act applies,—
a: how an inquiry is set up and its members are to be appointed; and
b: the powers, duties, and privileges of an inquiry and the immunities that apply to the inquiry and its members; and
c: the protection available for witnesses and counsel appearing before an inquiry; and
d: the principles governing the procedure of an inquiry, including those relating to evidential matters; and
e: provision for recourse to the court by, or in relation to, an inquiry; and
f: sanctions that may be applied by or on behalf of an inquiry.
3: The Act also makes provision for—
a: the repeal of sections 2 15
b: the continuing application of the remaining provisions of the Commissions of Inquiry Act 1908
4: Interpretation
In this Act, unless the context otherwise requires,— appointing Minister section 6(3) appropriate Minister core participant section 17 document section 4(1) establishment instrument
a: an Order in Council made under section 6(2)
b: a Gazette section 6(3) expert opinion government inquiry section 6(3) information inquiry section 6 member section 6 officer of an inquiry public inquiry
a: means an inquiry established under section 6(2)
b: includes a Royal commission relevant department
a: the Department of Internal Affairs; or
b: another department of State, if the other department is appointed, under the terms of reference for the inquiry, to be responsible for administrative matters relating to the inquiry.
5: Act binds the Crown
This Act binds the Crown.
2: Establishment and membership of inquiry
6: Types of inquiry
1: This Act applies to the following kinds of inquiry:
a: Royal commissions established under the authority of the Letters Patent constituting the office of the Governor-General, and this Act applies to Royal commissions as if they were public inquiries:
b: public inquiries, which are established in accordance with subsection (2):
c: government inquiries, which are established in accordance with subsection (3).
2: The Governor-General may, by Order in Council, establish a public inquiry for the purpose of inquiring into, and reporting on, any matter of public importance.
3: One or more Ministers may, by notice in the Gazette
4: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Establishment instrument to establish inquiry
1: The establishment instrument to establish an inquiry must—
a: specify the matter of public importance that is the subject of the inquiry; and
b: name the person or persons appointed to be members of the inquiry; and
c: if more than 1 person is appointed to the inquiry, name the person who is to be the chairperson of the inquiry; and
d: specify the date when the inquiry may begin considering evidence.
2: However, an inquiry must not begin considering evidence before the terms of reference are notified under subsection (3).
3: The terms of reference for an inquiry must be notified—
a: in the establishment instrument; or
b: by the appointing Minister or appropriate Minister, as the case may be, by notice in the Gazette
4: The terms of reference may set out any matters relevant to the inquiry, including matters such as—
a: any matters relevant to the scope and purpose of the inquiry; and
b: any administrative or procedural matters; and
c: a reporting date, provisional reporting date, or process for determining a reporting date.
5: The appointing Minister or appropriate Minister, as the case may be, may amend the terms of reference by notice in the Gazette
6: Before terms of reference may be notified under subsection (3) or amended under subsection (5), the appointing Minister or appropriate Minister, as relevant, may consult the person appointed to the inquiry or appointed to be the chairperson of the inquiry.
8: Removal from office
1: The Governor-General may, by Order in Council, remove any member of a public inquiry from office.
2: The appointing Minister may, by notice in the Gazette
3: A member of an inquiry may be removed under subsection (1) or (2), as the case may be, but only—
a: due to the misconduct of the member; or
b: if the member is unable to perform the functions of office; or
c: if the member has neglected his or her duty.
9: Vacancy in membership of inquiry
1: If 1 or more members of an inquiry are, for any reason, unable to continue in office, the appropriate Minister or appointing Minister, as the case may be, must consult with any remaining members of the inquiry as to how the inquiry should proceed.
2: After consultation has been undertaken, as required by subsection (1),—
a: the appropriate Minister or appointing Minister, as the case may be, may require the inquiry to continue to perform its functions, despite the vacancy in its membership; or
b: a person may be appointed to be a replacement member, in accordance with section 6
c: the inquiry may be terminated,—
i: in the case of a public inquiry, by the Governor-General by Order in Council; or
ii: in the case of a government inquiry, by the appointing Minister, by notice in the Gazette
3: The power under subsection (2)(a) or (b) must not be exercised if to do so would be contrary to the principles of natural justice.
4: An order under subsection (2)(c)(i) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Duties, powers, immunities, and privileges
Duties and powers of inquiry generally
10: Inquiry must act independently, impartially, and fairly
In exercising its powers and performing its duties under this Act, an inquiry and each of its members must act independently, impartially, and fairly.
11: Limits to scope of power of inquiry
1: An inquiry has no power to determine the civil, criminal, or disciplinary liability of any person.
2: Subsection (1) does not prevent an inquiry, in exercising its powers and performing its duties under this Act, from making—
a: findings of fault; or
b: recommendations that further steps be taken to determine liability. Reporting obligation
12: Reporting by inquiry
1: Every inquiry must, in accordance with any requirements of the terms of reference for the inquiry, prepare a final report and present it,—
a: in the case of a public inquiry, to the Governor-General; and
b: in the case of a government inquiry, to the appointing Minister.
2: The final report of an inquiry must set out—
a: the findings of the inquiry; and
b: any recommendations of the inquiry.
3: The final report of a public inquiry must be presented by the appropriate Minister to the House of Representatives as soon as practicable after the inquiry has reported under subsection (1). Counsel assisting
13: Counsel to assist inquiry
1: An inquiry may request the appointment of counsel to assist the inquiry, but before making a request, must consider and have regard to—
a: the purpose of this Act and, in particular, the purpose of the Act to enable an inquiry to be carried out effectively, efficiently, and fairly; and
b: the nature of the subject matter of the inquiry; and
c: the procedures most appropriate for carrying out the terms of reference.
2: The Solicitor-General must, if requested to do so, appoint counsel to assist an inquiry, but in doing so must—
a: have regard to the matters specified in subsection (1); and
b: consult the inquiry on—
i: the proposed appointee; and
ii: the terms and conditions to apply to the appointment. Powers and duties of inquiry relating to procedure
14: Regulation of inquiry procedure
1: An inquiry may conduct its inquiry as it considers appropriate, unless otherwise specified—
a: by this Act; or
b: in the terms of reference of the inquiry.
2: In making a decision as to the procedure or conduct of an inquiry, or in making a finding that is adverse to any person, an inquiry must—
a: comply with the principles of natural justice; and
b: have regard to the need to avoid unnecessary delay or cost in relation to public funds, witnesses, or other persons participating in the inquiry.
3: If an inquiry proposes to make a finding that is adverse to any person, the inquiry must, using whatever procedure it may determine, be satisfied that the person—
a: is aware of the matters on which the proposed finding is based; and
b: has had an opportunity, at any time during the course of the inquiry, to respond on those matters.
4: Without limiting subsections (1) to (3), an inquiry may determine matters such as—
a: whether to conduct interviews, and if so, who to interview:
b: whether to call witnesses, and if so, who to call:
c: whether to hold hearings in the course of its inquiry, and if so, when and where hearings are to be held:
d: whether to receive evidence or submissions from or on behalf of any person participating in the inquiry:
e: whether to receive oral or written evidence or submissions and the manner and form of the evidence or submissions:
f: whether to allow or restrict cross-examination of witnesses.
15: Power to impose restrictions on access to inquiry
1: An inquiry may, at any time, make orders to—
a: forbid publication of—
i: the whole or any part of any evidence or submissions presented to the inquiry:
ii: any report or account of the evidence or submissions:
iii: the name or other particulars likely to lead to the identification of a witness or other person participating in the inquiry (other than counsel):
iv: any rulings of the inquiry:
b: restrict public access to any part or aspect of the inquiry:
c: hold the inquiry, or any part of it, in private.
2: Before making an order under subsection (1), an inquiry must take into account the following criteria:
a: the benefits of observing the principle of open justice; and
b: the risk of prejudice to public confidence in the proceedings of the inquiry; and
c: the need for the inquiry to ascertain the facts properly; and
d: the extent to which public proceedings may prejudice the security, defence, or economic interests of New Zealand; and
e: the privacy interests of any individual; and
f: whether it would interfere with the administration of justice, including any person's right to a fair trial, if an order were not made under subsection (1); and
g: any other countervailing interests.
3: If the instrument that establishes an inquiry restricts any part or aspect of the inquiry from public access, the inquiry must make such orders under subsection (1) as are necessary to give effect to the restrictions.
16: Power to postpone or temporarily suspend inquiry
1: An inquiry may, after consultation with the appropriate Minister or appointing Minister, as the case may be, postpone or temporarily suspend the inquiry if—
a: another investigation is being, or is likely to be, carried out into matters relating to the inquiry; and
b: the inquiry is satisfied that to commence or continue the inquiry would be likely to prejudice—
i: the investigation referred to in paragraph (a)
ii: any person interested in that investigation.
2: The inquiry must commence or continue when it is satisfied that to do so would no longer prejudice the other investigation or any person interested in it. Persons participating in inquiry
17: Designation of core participants
1: At any time an inquiry may, by written notice, designate any person to be a core participant in the inquiry.
2: In determining whether to designate a person as a core participant, an inquiry must consider whether that person—
a: played, or may have played, a direct and significant role in relation to the matters to which the inquiry relates:
b: has a significant interest in a substantial aspect of the matters to which the inquiry relates:
c: may be subject to explicit or serious criticism during the inquiry or in the report.
3: Every person designated as a core participant has the right to give evidence and make submissions to the inquiry, subject to any directions of that inquiry as to the manner in which evidence is to be given and submissions made. Legal assistance
18: Recommendation as to legal assistance
1: An inquiry may, at any time, make a recommendation to the chief executive of the relevant department that funding be granted for the purpose of providing legal assistance to 1 or more specified persons—
a: who wish, or who are required, to appear before the inquiry; or
b: who have an interest in the inquiry.
2: In determining whether to make a recommendation under subsection (1), the inquiry must consider—
a: the likelihood of hardship to a person if legal assistance is declined; and
b: the nature and significance of the contribution that the person will, or is likely to, make to the inquiry; and
c: the extent to which legal assistance is, or is likely to be, required to enable the inquiry to fulfil its purpose; and
d: any other matters relating to the public interest.
3: If a recommendation is made under subsection (1), the chief executive may—
a: grant funding for the legal assistance recommended under that subsection; and
b: impose any conditions that he or she considers appropriate.
4: In this section, legal assistance
a: legal representation; or
b: legal advice or help (for example, help with drafting submissions to an inquiry); or
c: both. Evidential matters
19: Evidence
An inquiry may, for the purposes of its inquiry,—
a: receive any evidence that, in its opinion, may assist it to deal effectively with the subject of the inquiry, whether or not the evidence would be admissible in a court of law; and
b: take evidence on oath or affirmation, and for that purpose an oath or affirmation may be administered by any member of the inquiry; and
c: permit a witness to give evidence by any means, including by written or electronic means, and require the witness to verify the evidence by oath or affirmation.
20: Powers to obtain information
An inquiry may, as it thinks appropriate for the purposes of the inquiry,—
a: require any person to—
i: produce any documents or things in that person's possession or control or copies of those documents or things:
ii: allow copies or representations of those documents or things to be made:
iii: provide information to the inquiry, in a form approved by the inquiry:
iv: verify by statutory declaration any written information, copies of documents, or representations of things provided to the inquiry:
b: examine any document or thing that is produced by a witness:
c: examine any document or thing for which privilege or confidentiality is claimed, or refer the document or thing to an independent person or body, to determine whether—
i: the person claiming privilege or confidentiality has a justifiable reason in maintaining the privilege or confidentiality; or
ii: the document or thing should be disclosed.
21: Delegation
An inquiry may delegate in writing to an officer of the inquiry the powers of the inquiry under sections 19(b) 20(b)
22: Disclosure of evidence
1: An inquiry—
a: may, on its own initiative or on the application of another person, order any person to disclose to any person participating in the inquiry any specified document, information, or thing that the person has produced before the inquiry; but
b: must not make orders for general discovery.
2: An order given under subsection (1)(a) may impose appropriate terms and conditions in relation to—
a: any disclosure required under that subsection; and
b: the use that may be made of the information, documents, or things required to be disclosed.
23: Power to summon witnesses
1: An inquiry may issue a witness summons in writing to any person, requiring that person to attend and give evidence before the inquiry.
2: The witness summons must state—
a: the place where, and the date and time when, the person is to attend; and
b: the documents or things in that person's possession or control that he or she is required to produce to the inquiry; and
c: the person's entitlement to be paid costs and travelling expenses, in accordance with section 25
d: the penalty for failing to attend.
24: Service of summons to witnesses
1: Unless a witness has consented to service by another means, a summons must be served personally on that witness by delivering a sealed copy of the summons to the witness not later than 24 hours before the witness must attend the inquiry.
2: Despite subsection (1), an inquiry may direct substituted service in accordance with the High Court Rules 2016 Section 24(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016
25: Expenses of witnesses and other participants
1: Persons summoned to attend an inquiry as witnesses are entitled to be paid for their reasonable costs and travelling expenses, at the level determined by the inquiry.
2: An inquiry may reimburse other persons who participate in an inquiry for their reasonable costs and travelling expenses at the level the inquiry determines.
3: The payment required by subsection (1) must be made, if the witness is summoned,—
a: by an inquiry on its own initiative, by that inquiry; or
b: by an inquiry on the application of any person participating in the inquiry, by that person, unless the inquiry itself agrees to do so. Immunities and privileges
26: Immunity of inquiry
1: This section applies to an inquiry, each member of the inquiry, and an officer of an inquiry acting under a delegation made under section 21
2: Neither an inquiry nor any person to whom this section applies—
a: is liable for anything done, reported, stated, or omitted in the exercise or intended exercise of the powers and performance or intended performance of the duties of the inquiry, unless the inquiry or person acted in bad faith; or
b: may be compelled to give evidence in court or in any proceedings of a judicial nature in relation to the inquiry, unless leave of the court is granted to bring proceedings relating to an allegation of bad faith against the inquiry or any person to whom this section applies.
27: Other immunities and privileges of participants
1: Witnesses and other persons participating in an inquiry (other than counsel) have the same immunities and privileges as if they were appearing in civil proceedings and the provisions of subpart 8
a: the inquiry were a civil proceeding; and
b: every reference to a Judge were a reference to an inquiry.
2: Counsel appearing before an inquiry have the same immunities and privileges as they would have if appearing before a court.
4: Sanctions and miscellaneous matters
1: Sanctions able to be imposed by or on behalf of inquiry
Orders for award of costs
28: Award of costs
1: An inquiry may, on its own initiative or on the application of any person, by order make an award of costs against any person participating in, or summoned to appear before, the inquiry if it is satisfied that the conduct of the person against whom the order is made has unduly lengthened or obstructed the inquiry or has added undue cost to the inquiry.
2: Subsection (1) applies whether or not an inquiry holds any hearings.
3: An inquiry may—
a: set the award of costs at any level it thinks reasonable, having regard to all the circumstances; and
b: require the costs to be paid, in whole or in part,—
i: to the inquiry; or
ii: to 1 or more persons who participated in the inquiry; or
iii: to the parties referred to in both subparagraphs (i) and (ii)
4: An order for an award of costs made under this section, if filed in the registry of any court of competent jurisdiction, becomes enforceable as a judgment of that court in its civil jurisdiction.
5: A person who is dissatisfied with an order made under subsection (1) may appeal the order to the High Court on a question of fact or law.
6: A decision of the High Court on appeal under this section is final. Offences and penalties
29: Offences
1: Every person commits an offence who intentionally—
a: fails to attend the inquiry in accordance with the notice of summons:
b: refuses to be sworn or to affirm and give evidence:
c: fails to produce any document or thing required by order of the inquiry:
d: destroys evidence or obstructs or hinders any person authorised to examine, copy, or make a representation of a document or thing required by order of an inquiry:
e: fails to comply with a procedural order or direction of an inquiry, including an order made under section 15(1)
f: disrupts the proceedings of an inquiry:
g: prevents a witness from giving evidence or threatens or seeks to influence a witness before an inquiry:
h: provides false or misleading information to an inquiry:
i: threatens or intimidates an inquiry, a member of an inquiry, or an officer of an inquiry.
2: However, a person does not commit an offence under subsection (1)(a) to (e) if—
a: compliance would be prevented by a privilege or immunity that the person would have as a witness or counsel, were that person giving evidence or acting as counsel in civil proceedings before a court; or
b: compliance is prevented by an enactment, rule of law, or order of a court prohibiting or restricting disclosure, or the manner of disclosure, of any document, information, or thing; or
c: compliance would be likely to prejudice the maintenance of the law, including the prevention, detection, investigation, prosecution, or punishment of offences, including the right to a fair trial.
30: Penalties
Every person who commits an offence against section 29(1) Contempt against inquiry
31: Application of Contempt of Court Act 2019
1: The Solicitor-General, on the Solicitor-General’s own initiative or at the request of an inquiry, may commence proceedings in the High Court—
a: under subpart 4
b: under the inherent jurisdiction of the High Court to punish any contempt of an inquiry or enforce its processes, as described in section 26(3)
2: In determining any proceedings commenced under subsection (1), the court may make any orders that it considers necessary and just to enable the inquiry to fulfil its purpose. Section 31 replaced 26 August 2020 section 29 Contempt of Court Act 2019
2: Miscellaneous matters
Official Information Act 1982 and Public Records Act 2005
32: Application of Official Information Act 1982
1: When an inquiry has reported in accordance with section 12 Official Information Act 1982
2: However, the following are not official information for the purposes of the Official Information Act 1982
a: any matter subject to an order under section 15(1)(a)
b: any documents that relate to the internal deliberations of the inquiry and are—
i: created by a member of an inquiry in the course of the inquiry; or
ii: provided to the inquiry by an officer of the inquiry.
33: Application of Public Records Act 2005
1: An inquiry is a public office for the purposes of the Public Records Act 2005
2: As soon as is reasonably practicable after an inquiry has reported under section 12,
a: the Chief Archivist must authorise the disposal of the public records of the inquiry under section 20
b: the relevant department must dispose of the public records of that inquiry in accordance with the authority issued by the Chief Archivist.
3: The Chief Archivist may accept the transfer of any things from an inquiry to the control of the Chief Archivist, even though that thing is not a public record.
4: In determining, for the purposes of Part 3 section 15(1)
5: In this section, public record section 4 Court proceedings
34: Reference of questions of law to High Court
1: An inquiry may, at any time, state a case to the High Court on any question of law arising in any matter before the inquiry.
2: If an inquiry exercises the power under subsection (1), it may either—
a: continue the inquiry, pending the decision of the High Court; or
b: adjourn the inquiry until that court has delivered its decision.
3: A question referred to the High Court under this section must be in the form of a case stated—
a: as consulted on and agreed by the core participants and the members of the inquiry; or
b: if there is no agreement or there are no core participants, as settled by the inquiry.
4: The decision of the High Court is final and binding on an inquiry and on all persons participating in the inquiry.
35: Inquiry to be cited in judicial review proceedings
In any application for judicial review of an inquiry under this Act, the inquiry, and not the chairperson or members of that inquiry, must be cited as the respondent. Review required
36: Review of continuing application of Commissions of Inquiry Act 1908
1: Not later than 5 years after the commencement of this Act, the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act must ensure that a review is commenced, in relation to the entities referred to in section 38(2)(b)
a: what powers each entity requires to carry out its functions and duties; and
b: what changes to the law are necessary to replace any powers an entity derives from the Commissions of Inquiry Act 1908
2: The purpose of the review required by this section is to consider whether the remaining provisions of the Commissions of Inquiry Act 1908 Repeal, transitional provisions, and consequential amendments
37: Commissions of Inquiry Act 1908
Sections 2 15 2013-08-27 Commissions of Inquiry Act 1908
38: Transitional provision
1: This Act does not apply to a Royal commission that has not completed its functions and obligations before the commencement of this Act.
2: The Commissions of Inquiry Act 1908
a: any commission of inquiry or Royal commission appointed under that Act that has not completed its functions and obligations before the commencement of this Act; and
b: any entity that is or may be established under an enactment that is, or that (with or without modification) corresponds to or replaces, Schedule 1 Commissions of Inquiry Act 1908 Section 38(2)(b) amended 26 November 2018 section 459 Social Security Act 2018
39: Consequential amendments to other Acts
The Acts specified in Schedule 2 2013-08-27 Commissions of Inquiry Act 1908 Copyright Act 1994 Coroners Act 2006 Health Practitioners Competence Assurance Act 2003 Maori Language Act 1987 New Zealand Public Health and Disability Act 2000 New Zealand Sign Language Act 2006 Official Information Act 1982 Privacy Act 1993 Transport Accident Investigation Commission Act 1990 |
DLM4681500 | 2013 | Public Finance (Fiscal Responsibility) Amendment Act 2013 | 1: Title
This Act is the Public Finance (Fiscal Responsibility) 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 Public Finance Act 1989 principal Act 2013-09-04 Public Finance Act 1989
1: Amendments relating to responsible fiscal management and reporting requirements
4: Section 26G amended (Principles of responsible fiscal management)
Replace section 26G(1)(e)
e: when formulating revenue strategy, having regard to efficiency and fairness, including the predictability and stability of tax rates; and
f: when formulating fiscal strategy, having regard to the interaction between fiscal policy and monetary policy; and
g: when formulating fiscal strategy, having regard to its likely impact on present and future generations; and
h: ensuring that the Crown's resources are managed effectively and efficiently.
5: New section 26KA inserted (Contents of fiscal strategy report: management of the Crown's resources)
After section 26K
26KA: Contents of fiscal strategy report: management of the Crown's resources
1: The fiscal strategy report must include details of the Government's strategy for managing expenditure, assets, and liabilities in the period of at least 3 financial years commencing with the financial year to which the report relates.
2: Details of the Government's strategy for managing expenditure, assets, and liabilities may include—
a: the outcomes sought from new or reallocated expenditure, assets, and liabilities; and
b: any expected change over time in the major components of expenditure, assets, and liabilities.
6: Section 26L amended (Contents of fiscal strategy report: other matters)
1: In section 26L(1)(b) the departure ; and
2: After section 26L(1)(b)
c: an assessment of the extent to which the fiscal performance of the Government, in the period since the most recent substantial change in the political party composition of the administration, is consistent with the Government's fiscal strategy report (if any) for that period; and
d: details of the Government's revenue strategy, including the Government's objectives for the tax system and tax policy.
3: After section 26L(3)
4: In subsection (1)(c) administration
7: Section 26M amended (Budget policy statement)
1: In section 26M(3)(b) paragraph (a) ; and
2: After section 26M(3)(b)
c: if the details of the Government's strategy for managing expenditure, assets, and liabilities ( see section 26KA
8: New section 26NA and cross-heading inserted
After section 26N Investment statement
26NA: Investment statement
1: The Minister must, before the end of 2017 and then at intervals not exceeding 4 years, present to the House of Representatives an investment statement prepared by the Treasury.
2: The investment statement must—
a: describe and state the value of the Crown's significant assets and liabilities; and
b: state how those assets and liabilities have changed in value over time; and
c: forecast how those assets and liabilities are expected to change in value in each of at least the next 2 financial years after the financial year in which the investment statement is presented; and
d: identify any significant differences between the information specified in paragraphs (a) to (c)
9: Section 26X amended (Certain statements and updates may be published in advance of presentation to House of Representatives)
After section 26X(a)
aa: an investment statement under section 26NA(1) .
10: Section 26Y replaced (Notification and availability of reports, statements, or updates)
Replace section 26Y
26Y: Publication and availability of reports, statements, or updates
1: The Minister must arrange for a specified document to be published on an Internet site maintained by or on behalf of the Treasury as soon as practicable after the specified document is—
a: published in advance of being presented to the House of Representatives (if permitted under section 26X); or
b: if paragraph (a)
2: The Secretary must ensure that the specified document remains available on the Internet site for inspection by members of the public for at least 5 financial years after the financial year (or, if the document relates to more than 1 financial year, the first financial year) to which the document relates.
3: Subsection (1)(a) subsection (2)
4: In this section, specified document
a: a fiscal strategy report ( see
b: a budget policy statement ( see
c: a statement on the long-term fiscal position ( see
d: an investment statement ( see section 26NA
e: an economic and fiscal update ( see
f: a half-year economic and fiscal update ( see
g: a pre-election economic and fiscal update ( see
11: Section 26Z amended (Power of Secretary to obtain information)
In section 26Z(1) 26N, 26NA
2: Transitional provision
12: Section 88 amended (Application, savings, and transitional provisions relating to amendments to Act)
In section 88
2: The application, savings, and transitional provisions relating to the amendment Acts specified in the first column of the following table are set out in the Parts of Schedule 1 specified in the second column of the table. Amendment Act Schedule 1 Part Public Finance Amendment Act 2013 Part 1 Public Finance (Fiscal Responsibility) Amendment Act 2013 Part 2
13: Schedule 1 amended
1: This section amends Schedule 1
2: Before clause 1
1: Provisions relating to Public Finance Amendment Act 2013
.
3: In clause 1 this schedule this Part
4: After clause 8
2: Provision relating to Public Finance (Fiscal Responsibility) Amendment Act 2013
9: Transitional provision relating to Public Finance (Fiscal Responsibility) Amendment Act 2013
1: In this clause, commencement date
2: Section 26M(3)(c) does not apply to a budget policy statement if the fiscal strategy report most recently presented to the House of Representatives was presented before the commencement date.
3: Section 26NA(2)(d) does not apply to the first investment statement presented to the House of Representatives under section 26NA.
4: This Part is repealed 4 years after the commencement date. |
Subsets and Splits